Case law

Opinions from 1658 to today.

Filters1861

10,000+ results

5.95s

  • Harris County v. Nagel

    349 S.W.3d 769 · Texas Court of Appeals, 14th District (Houston) · Oct 5, 2011

    Identification of the clearly established law is not a question of fact to be established by evidence. … This would not be qualified immunity, but absolute immunity.

    Cited 22 timesPublished
  • Billado v. Appel

    165 Vt. 482 · Supreme Court of Vermont · Oct 11, 1996

    Unless a later controlling precedent created the clearly established constitutional right we must find to overcome qualified immunity, we must use the DeShaney standard. … The court further held that the right was clearly established, and qualified immunity did not apply. Id. at 852 .

    Disagreed with by Thomas Wilkinson, Benjamin Wilkinson, by Next Friend Thomas Wilkinson and Jonathan Wiegand v. Caroline S. Russell, James Adams and Gerald Jeffords, 182 F.3d 89 (1999)Cited 11 timesPublished
  • Robert Tolan v. Jeffrey Cotton

    713 F.3d 299 · Court of Appeals for the Fifth Circuit · Apr 26, 2013

    “The second prong of the qualified immunity test is [] understood as two separate inquiries: whether the allegedly violated constitutional rights were clearly established at the time of the incident; and, if so, … clearly- established law.

    Reversed on other grounds by Tolan v. Cotton, 134 S. Ct. 1861 (2014)Cited 17 timesPublished
  • Hartzell v. Marana Unified School District

    130 F.4th 722 · Court of Appeals for the Ninth Circuit · Mar 5, 2025

    “Qualified immunity shields government actors from civil liability under 42 U.S.C. § 1983 if ‘their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known … Krainski merely held that “the doctrine of qualified immunity protects state actors when the constitutional right at issue was not ‘clearly established’ at the time of the actions at issue.” 616 F.3d at 970 (quoting Saucier

    Cited 17 timesPublished
  • Williams v. Deputy Warden McKay

    District Court, D. Idaho · Mar 31, 2022

    Because determining clearly- established law is also the foundation for a qualified immunity defense, the Court includes qualified immunity considerations in its analysis. 3 Unless the parties can show otherwise … Luna, 577 U.S. 7, 12 (2015): The dispositive question [for qualified immunity] is “whether the violative nature of particular conduct is clearly established.” Ibid.

    Cited 0 timesUnknown
  • Walsingham v. Dockery

    671 So. 2d 166 · District Court of Appeal of Florida · Feb 21, 1996

    concerned whether certain given facts showed a violation of clearly established law. … Doe, 38 F.3d 1559, 1563 (11th Cir.1994) ("the issue of a government official's qualified immunity from suit presents a question of law"). The test for qualified immunity was established in Harlow v.

    Cited 13 timesPublished
  • Charles Davis v. James Yates

    Court of Appeals for the Ninth Circuit · Jun 13, 2019

    Youseff, 914 F.3d 1218, 1229 (9th Cir. 2019), concluded that a prisoner’s “right to be free from heightened exposure to Valley Fever spores” was not clearly established. … Read, 663 F.3d 1094, 1098 (9th Cir. 2011) (jurisdiction over interlocutory appeal from the denial of qualified immunity limited to “the purely legal issue whether the facts alleged . . . support a claim of clearly established

    Cited 0 timesUnpublished
  • JARVIS BY AND THROUGH JARVIS v. Deyoe

    18 Brief Times Rptr. 1399 · Colorado Court of Appeals · Aug 11, 1994

    protected by qualified immunity. … However, in evaluating a claim of qualified immunity, “determining whether a right is clearly established requires a specific inquiry, not a general inquiry based on abstract rights.” Moody v.

    Cited 11 timesPublished
  • 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.

    Cited 0 timesUnknown
  • Raub v. Bowen

    960 F. Supp. 2d 602 · District Court, E.D. Virginia · Aug 2, 2013

    Nevertheless, there are some clearly established standards to guide a reasonable police officer who detains a person for mental evaluation. … Goo-den filed suit and the officers invoked qualified immunity as a defense. The district court denied qualified immunity, as did a divided panel of the Fourth Circuit. Id.

    Cited 20 timesPublished
  • 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

    Cited 0 timesPublished
  • Rivers v. Fischer

    390 F. App'x 22 · Court of Appeals for the Second Circuit · Aug 13, 2010

    A government official is entitled to qualified immunity for his actions unless his conduct violates a clearly established constitutional or statutory right of which a reasonable person would have known. Pearson v. … The Second Circuit has held that a right is “clearly established” for qualified immunity purposes if “(1) the law is defined with reasonable clarity, (2) the Supreme Court or the Second Circuit has recognized the right, and

    Cited 4 timesUnpublished
  • 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

    Cited 59 timesPublished
  • 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.

    Cited 69 timesPublished
  • 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.

    Cited 0 timesUnknown
  • 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

    Cited 795 timesPublished
  • 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."

    Cited 0 timesPublished
  • 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

    Cited 24 timesPublished
  • Halterman

    District Court, W.D. Missouri · Feb 18, 2026

    immunity analysis, while the latter, “arguable probable cause,” goes to the “clearly established prong” of the qualified immunity analysis. … to qualified immunity.”

    Cited 0 timesUnknown
  • 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

    Cited 1 timesPublished

Ask Donna

Ask Donna

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.