Case law

Woodyard v. Alabama Department of Corrections

700 F. App'x 927 · Court of Appeals for the Eleventh Circuit · Jun 30, 2017

rights and (2) that those rights were “clearly established” at the time of the violation. … Because Woodyard must establish a genuine issue of material fact as to whether Leggett violated his constitutional rights before he can possibly overcome the officer’s qualified immunity defense, we address the district

James Tomer v. Daryl Gates, Jerry Bova, Luis Lopez, Raymond Lombardo, Michael Ranshaw, and the City of Los Angeles

811 F.2d 1240 · Court of Appeals for the Ninth Circuit · Feb 27, 1987

Forsyth, 472 U.S. 511, 526-27 , 105 S.Ct. 2806, 2815-16 , 86 L.Ed.2d 411 (1985), established the rule that denial of a qualified immunity defense, like the denial of absolute immunity, is immediately appealable as a final … clearly established statutory or constitutional rights of which a reasonable person would have known.”

Scott v. Godwin

147 S.W.3d 609 · Texas Court of Appeals, 13th District · Aug 31, 2004

Government officials performing *616 discretionary functions have qualified immunity from liability for actions that do not violate clearly established statutory or constitutional rights of which a reasonable person would … In conducting a qualified immunity analysis, the reviewing court first determines whether the plaintiff has alleged a violation of a clearly established constitutional right. See Siegert v.

Lipsky v. Cronin

District Court, D. South Dakota · Mar 31, 2025

immunity’s second prong, the clearly established prong.” … Thus, even if any deprivation did occur, it was not clearly established, and Captain Wainman is entitled to qualified immunity.

Marson v. Thomason

438 S.W.3d 292 · Kentucky Supreme Court · Apr 17, 2014

His general duty to look out for the safety of the students is clearly discretionary in nature, and he is just as clearly entitled to qualified immunity. … Consequently, he does not have qualified immunity, and can be sued individually.

Liu v. New York City Police Department

216 A.D.2d 67 · Appellate Division of the Supreme Court of the State of New York · Jun 13, 1995

However, we find that the individual defendants should be granted qualified immunity from plaintiffs civil rights claims. … A government official performing a discretionary function is entitled to qualified immunity provided his or her conduct does not violate clearly established statutory or constitutional rights of which a reasonable person

Clue v. Johnson

179 F.3d 57 · Court of Appeals for the Second Circuit · Jun 10, 1999

“The defense of qualified immunity shields government officials from civil liability if the official’s conduct did not violate constitutional rights that were clearly established at the pertinent time or if it was objectively … Instead, they contend that their activities raise a public concern under clearly established law and that Johnson is therefore not entitled to qualified immunity. See infra.

BLASH v. CITY OF HAWKINSVILLE AND PULASKI COUNTY GEORGIA SHERRIF'S OFFICE

District Court, M.D. Georgia · Dec 30, 2019

To establish the defense of qualified immunity, a defendant must first show that he acted within the scope of his discretionary authority in performing the challenged conduct, and if so, the plaintiff has the burden to … When a mixed motive theory of discrimination is advanced, qualified immunity can still apply because it is clearly established that “state officials ‘can be motivated, in part, by a dislike or hostility toward a certain

Brodie v. Summit County Children Services Board

51 Ohio St. 3d 112 · Ohio Supreme Court · May 23, 1990

When considering a motion for summary judgment for the defense of qualified immunity, the judge may determine not only the currently applicable law, but whether the law was clearly established at the time the alleged act … “If the law was clearly established, the immunity defense ordinarily should fail, since a reasonably competent public official should know the law governing his conduct. * * *” Id. at 818-819 . See, also, Anderson v.

ANTONIO LACY v. JOHN COUGHLIN & another.

100 Mass. App. Ct. 321 · Massachusetts Appeals Court · Oct 6, 2021

"Thus, if a court decides to grant qualified immunity because there is no violation of clearly established law, it may never answer whether there was a constitutional violation." … While I agree with Justice Massing that the right was clearly established here, the current case is yet another example of the collateral damage done by a qualified immunity doctrine which aggressively terminates cases at

R.Q. v. West Virginia Division of Corrections

West Virginia Supreme Court · Apr 10, 2015

Therefore, she asserts that D.F. does not enjoy qualified immunity in this matter. … The WVRJCFA argued that the training, supervision, and retention of correctional officers were inherently discretionary acts for which the State enjoys immunity and that A.B. failed to identify a clearly established right

Creamer v. Sceviour

652 A.2d 110 · Supreme Judicial Court of Maine · Jan 12, 1995

Qualified Immunity A plaintiff may maintain a section 1983 5 claim against governmental employees only if they are not entitled to qualified immunity. … The two-part test for denial of qualified immunity is (1) whether the plaintiffs constitutional rights were violated, and (2) whether those rights were so clearly established that the defendants would have known that their

People v. Nicholson

297 Mich. App. 191 · Michigan Court of Appeals · Jun 26, 2012

However, contrary to the parties’ position, we conclude that a person can fail to qualify for immunity from arrest pursuant to § 4(a), but still be entitled to immunity from prosecution or penalty. … This argument is contrary to the plain language of the statute as we have interpreted it, and it is inconsistent with the clearly established law that permits police officers to arrest individuals who commit misdemeanor offenses

Font v. Carr

867 S.W.2d 873 · Texas Court of Appeals, 1st District (Houston) · Dec 16, 1993

Thus, Font must show he established his affirma- *876 five defense of official immunity as a matter of law. Font claimed absolute immunity from the suit and alternatively, qualified immunity. … The threshold question is what must a public official show to establish the defense of qualified immunity. Texas law and federal law differ in this respect.

STERLING HOTELS, LLC v. MCKAY

District Court, E.D. Michigan · Jun 11, 2025

The Sixth Circuit panel went on to hold that Plaintiff overcame Defendant’s qualified immunity defense, because it is clearly established that an individual must have a hearing before being deprived of a significant … Violation of Clearly Established Constitutional Rights Defendant asserts that he is entitled to qualified immunity.

Brown v. Montoya

662 F.3d 1152 · Court of Appeals for the Tenth Circuit · Nov 8, 2011

Clearly Established For Mr. Brown to overcome Officer Montoya’s qualified immunity, the procedural due process right must be “clearly established at the time of defendant’s alleged misconduct.” … Because the issue is whether Officer Montoya has qualified immunity, it is sufficient to determine whether the alleged conduct violates a clearly established substantive due process right.15 No clearly established Supreme

Akau v. Villareal

Hawaii Intermediate Court of Appeals · Jan 14, 2026

immunity "cannot be sustained" because her actions violated a "clearly established" right under the Hawai#i Constitution. … In answer to the SAC, Villareal asserted that she "is not liable for Plaintiffs' alleged injuries and/or damages on the basis of qualified immunity and/or qualified privilege."

State v. Sims

871 S.W.2d 259 · Texas Court of Appeals, 7th District (Amarillo) · Feb 1, 1994

to have been violated were clearly established at the time of the official’s actions. … In their brief, relators extensively discuss the issue of whether the actions of Mauro and Giberson violated a clearly established right.

Leahy v. Conant

436 P.3d 1039 · Alaska Supreme Court · Mar 8, 2019

We conclude that the superintendents were entitled to qualified immunity because the prisoner’s right to a religious exception from the mail policy was not “clearly established” under existing law. … Courts in some cases have concluded that prisoner’s religious rights are “clearly established” such that prison officials accused of violating them are not entitled to qualified immunity. In Hayes v.

Fowler v. Block

2 F. Supp. 2d 1268 · District Court, C.D. California · May 15, 1998

(2) Was such right clearly established at the time of the alleged offense? (3) If there is a clearly established right, is the issue of qualified immunity [ ] properly addressed in a motion for summary judgment? … Under the two-part test, there'is qualified immunity if: (1) the law governing the official’s conduct was “clearly established;” and (2) under that “clearly established” law, a reasonable officer could have believed that