Case law

Dickerson v. McClellan

844 F. Supp. 391 · District Court, M.D. Tennessee · Feb 17, 1994

The appropriate standard is taken to be whether disputes clearly exist with regard to material facts on which the qualified immunity defense is based or whether, on the undisputed facts, qualified immunity is clearly unjustified … In such a case, granting summary judgment on qualified immunity grounds is clearly inappropriate.

Desiree Martinez v. Channon High

91 F.4th 1022 · Court of Appeals for the Ninth Circuit · Jan 26, 2024

The panel nevertheless held that Officer High was entitled to qualified immunity because it was not clearly established in 2013 that Officer High’s conduct violated Martinez’s substantive due process rights. … based on the lack of any clearly established law.

Youngstown v. Carrier Servs. Group, Inc.

2026 Ohio 1032 · Ohio Court of Appeals · Mar 25, 2026

qualified immunity claim. … .): Qualified immunity shields a government official from civil liability unless (1) the official violated a statutory or constitutional right and (2) that right was “clearly established” at the

Rufus West v. Gregory Grams

607 F. App'x 561 · Court of Appeals for the Seventh Circuit · Apr 22, 2015

immunity. … It has never been clearly established that inmates have a right to inmate-led group worship under the First Amendment.

United States v. Murdock

284 U.S. 141 · Supreme Court of the United States · Nov 23, 1931

, and also that the lack of state power to give witnesses protection against federal prosecution does not defeat a. state immunity statute. … The principle established is that full and complete immunity against prosecution by the government compelling the witness, to answer is equivalent to the protection furnished by the rule agáinst compulsory self-incrimination

Dicks Ex Rel. Montgomery v. Jenne

740 So. 2d 576 · District Court of Appeal of Florida · Jul 21, 1999

Initially, the trial court denied the motion, finding that Deputy Biernacki had "failed to establish his entitlement to qualified immunity as a matter of law, particularly in light of the court's prior ruling that the arrest … decision on the qualified immunity issue; and the record before this court does not support a finding that the prior rulings were clearly erroneous.

Torres v. Kernan

District Court, N.D. California · Apr 13, 2020

A court considering a claim of 8 qualified immunity must determine whether the plaintiff has alleged the deprivation of an actual 9 constitutional right and whether such right was clearly established, such that it would … Even if the 17 allegations of the complaint are sufficient to state a claim for violation of § 5301, defendants are 18 entitled to qualified immunity because of the lack of clearly established law. 19 In Nelson

Mathis v. Centurion Correctional Healthcare of New Mexico, LLC

District Court, D. New Mexico · Jun 16, 2023

or whether the law was clearly established. … That case is insufficient to overcome the clearly established prong of the qualified immunity defense. Cf. Cummings, 913 F.3d at 1244 (“Plaintiffs' reliance on Gardner is patently misguided.

Dora v. Rowe

District Court, N.D. Texas · Mar 24, 2022

Motions on Qualified Immunity Second, the remaining defendants who have already appeared? … See Backe, 691 F.3d at 648 (explaining that “this court has established a careful procedure under which a district court may defer its qualified immunity ruling if further factual development is necessary to ascertain

Nina J. Lechiara v. Gary M. Gaskins Kenneth L. Gorby Stephen R. Dolly Geraldine Floyd

866 F.2d 1416 · Court of Appeals for the Fourth Circuit · Mar 23, 1989

Second, each of the defendants was immune from Sec. 1983 liability for his actions. Stump v. Sparkman, 435 U.S. 349 (1978) (magistrates' judicial immunity); Imbler v. … Fitzgerald, 457 U.S. 800, 815-16 (1982) (state trooper's qualified immunity for actions not violative of clearly established rights of which reasonable person would know). 3 For the above reasons the district court's dismissal

California Retail Liquor Dealers Assn. v. Midcal Aluminum, Inc.

445 U.S. 97 · Supreme Court of the United States · Mar 3, 1980

The “clearly articulated and affirmatively expressed” goal of the state policy was to “displace unfettered business freedom in the matter of the establishment and relocation of automobile dealerships.” Id., at 109 . … These decisions establish two standards for antitrust immunity under Parker v. Brown .

The Estate of Marquette F. Cummings Jr. v. Warden Carter Davenport

906 F.3d 934 · Court of Appeals for the Eleventh Circuit · Oct 2, 2018

And he maintained that no authority clearly established that Davenport’s actions were unconstitutional. … On the contrary, the Court has explained that “[t]he conception animating the qualified immunity doctrine . . . is that ‘where an official’s duties legitimately require action in which clearly established rights are not

Mason v. Stock

955 F. Supp. 1293 · District Court, D. Kansas · Jan 30, 1997

Qualified Immunity Standards Qualified immunity protects public officials from individual liability in a 42 U.S.C. § 1983 action unless the officials violated “clearly established ... constitutional rights of which a reasonable … that an officer is entitled to qualified immunity because the law was not clearly established at the time a constitutional violation occurred.

Trump Tight, LLC v. Bell

188 F. Supp. 3d 565 · District Court, E.D. Virginia · May 18, 2016

The defendants move to dismiss on grounds of qualified immunity. … a history of criminal violations qualified as an unlawful seizure, in light of clearly established law.

McCall v. The County of Lowndes

District Court, M.D. Alabama · Jan 9, 2023

Alternatively, the individual Defendants are entitled to qualified immunity because Plaintiffs have failed to show, through binding caselaw or legal principles of obvious application, that it was clearly established at … See Griffin Indus., 496 F.3d at 1199 (“Only when the official violated the law and the illegality of his conduct was clearly established must the court deny him the protection of qualified immunity.”).

Ryan v. City of Augusta

622 A.2d 74 · Supreme Judicial Court of Maine · Mar 1, 1993

Under the qualified immunity doctrine, government officials performing discretion *76 ary functions are immune from suit in actions brought pursuant to § 1983 “insofar as their conduct does not violate clearly established … Because their actions violated Ryan’s clearly established rights, Logan and Todd are not entitled to qualified immunity. III.

Barbara Wyatt v. Rhonda Fletcher

718 F.3d 496 · Court of Appeals for the Fifth Circuit · May 31, 2013

This requirement establishes a high bar. When there is no controlling authority specifically prohibiting a defendant’s conduct, the law is not clearly established for the purposes of defeating qualified immunity. … Because this is a qualified immunity case, a balancing of interests requires a clearly established right.

Andrews v. Department of Environmental Protection

1998 Me. 198 · Supreme Judicial Court of Maine · Aug 3, 1998

Qualified immunity shields “ ‘government officials performing discretionary functions ... from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of … Several federal circuit courts have observed that a public employee’s free speech right, as guaranteed by the Pickering decision and its progeny, will rarely be “clearly established” for purposes of a qualified immunity analysis

Michael E. v. State

286 Neb. 532 · Nebraska Supreme Court · Sep 6, 2013

Whether a state official should pre- vail in a qualified immunity defense depends upon the objective reasonableness of his or her conduct as measured by reference to clearly established law. 26. … Qualified immunity shields state officials in their individual capacities from civil damages if their conduct did not violate a clearly established statutory or constitutional right of which a reasonable person would have

Barna v. Board of School Directors of the Panther Valley School District

877 F.3d 136 · Court of Appeals for the Third Circuit · Dec 7, 2017

“clearly established.” … The court further concluded that the defendants who issued the notices were not entitled to qualified immunity because it was clearly established that such an absolute prohibition of challenges the ban based on its absolute