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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.”).
Cited 0 timesUnknownAndrews 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
Cited 28 timesPublished286 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
Cited 6 timesPublishedBarna 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
Cited 485 timesPublished815 F. Supp. 2d 810 · District Court, M.D. Pennsylvania · Sep 7, 2011
was contrary to clearly established law. … Accordingly, the Second Circuit held that even where a defendant violates a clearly established right, he may still be entitled to qualified immunity in limited circumstances. Id.; see also Friedman v.
Cited 1 timesPublished349 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 timesPublished165 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 timesPublishedHartzell 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 timesPublished671 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 timesPublishedCourt 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 timesUnpublishedJARVIS 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 timesPublishedDistrict 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 timesUnknownLucinda Lovett v. Landon Herbert
907 F.3d 986 · Court of Appeals for the Seventh Circuit · Oct 29, 2018
established law for qualified immunity pur- poses. … But this is too fine an analysis on which to base a finding of clearly established law, and we are skeptical that a decision on the merits (not addressing qualified immunity), finding that defendant officials did not violate
Cited 49 timesPublished960 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 timesPublishedR.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 timesPublishedDistrict Court, S.D. Ohio · Dec 30, 2024
Qualified immunity is a doctrine that shields state actors “‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … They do state off-hand that Mills has not pointed to any clearly established right which would overcome Officer Cvitkovitch’s claim to qualified immunity (id. at PageID 208), but the lion’s share of Defendants’ Motion rests
Cited 0 timesUnknown297 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 timesPublished390 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 timesUnpublished867 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 timesPublishedDistrict 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
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