Case law

Barton Ex Rel. Estate of Barton v. Taber

820 F.3d 958 · Court of Appeals for the Eighth Circuit · May 24, 2016

Qualified Immunity ' State officials are entitled to qualified immunity for their discretionary acts unless those acts “violate clearly established statutory or constitutional rights of which a reasonable person would have … Clearly Established Owens argues that Barton’s constitutional right was not clearly estab *966 lished, because he acted as a reasonable officer would under the circumstances.

Kruger v. Grauer

173 Conn. App. 539 · Connecticut Appellate Court · Jun 6, 2017

Indeed, it is well established that conditioning immunity on the exercise of good faith is consistent with qualified immunity, not absolute immu- nity. See, e.g., Villages, LLC v. Longhi, 166 Conn. … and qualified immunity as grounds for summary judgment.

Mohamed Sabra v. Maricopa County Community Coll

44 F.4th 867 · Court of Appeals for the Ninth Circuit · Aug 10, 2022

of qualified immunity, as there was no case law clearly establishing that his conduct was unconstitutional at the time of the alleged offense. … Qualified Immunity “The doctrine of qualified immunity shields officials from civil liability so long as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person

Piazza v. Jefferson Cnty.

923 F.3d 947 · Court of Appeals for the Eleventh Circuit · May 9, 2019

Qualified immunity shields a government official from liability unless he violates "clearly established statutory or constitutional rights of which a reasonable person would have known." Foy v. … We don't rely on Glasscox because law can be clearly established for overcoming qualified immunity only if it is established prior to the relevant events, and Hinkle's death occurred in 2014, four years before Glasscox issued

Newman v. Kock

274 S.W.3d 697 · Texas Court of Appeals, 4th District (San Antonio) · Aug 6, 2008

In response to Newman’s due process and due course claims, Appellees asserted the affirmative defenses of qualified immunity and official immunity and filed a traditional motion for summary judgment claiming that they established … that violated clearly established law.

West Virginia Department of Human Resources v. A.R.

West Virginia Supreme Court · Mar 5, 2024

When dealing with broad rights, the plaintiff bears the burden of particularizing such a right before those rights are subject to the qualified immunity test of being clearly established. … Were it otherwise, allegations like A.R’s would “grossly oversimplif[y], and frankly nullif[y],” that step of the qualified immunity analysis pertaining to the violation of clearly established statutory or constitutional

Mohamed ex rel. A.M. v. Irving Independent School District

252 F. Supp. 3d 602 · District Court, N.D. Texas · May 18, 2017

Principal Cummings asserts he is entitled to qualified immunity, as Plaintiff has failed to plead facts showing that he violated any of A.M.’s clearly established constitutional rights. … In analyzing qualified immunity claims, the Supreme Court has “repeatedly told courts ... to not define clearly established law at a high level of generality.” Mullenix v.

William Anderson v. City of Minneapolis

934 F.3d 876 · Court of Appeals for the Eighth Circuit · Aug 20, 2019

Because Jacob has failed to identify a clearly established right, we hold the individual defendants are entitled to qualified immunity. … As such, it does not clearly establish a right that defeats the individual defendants’ qualified immunity defenses.

Robinett v. Carlisle

928 S.W.2d 623 · Court of Appeals of Texas · Aug 15, 1996

... qualified immunity.” … Police officers are immune if they could have reasonably believed their actions to be lawful in light of clearly established law and the information the officers possessed. Hunter v.

Garcia v. Las Vegas Medical Center

112 N.M. 441 · New Mexico Court of Appeals · Apr 30, 1991

One issue is qualified immunity. A public official is not liable for damages under Section 1983 unless the right violated by the official was clearly established at the time of the violation. … Although Ex parte Romero may be persuasive precedent, it cannot be said to make the federal law clearly established so as to overcome qualified immunity if decisions in other jurisdictions are to the contrary.

Lane v. First National Bank of Boston

687 F. Supp. 11 · District Court, D. Massachusetts · May 19, 1988

The meaning of “clearly established law” in the context of qualified immunity has been analyzed by the First Circuit in several cases, and in a recent decision the Court stated that, “in assessing a claim of qualified immunity … that the district attorney was entitled to qualified immunity.

Venable v. Keever

61 F. Supp. 2d 552 · District Court, N.D. Texas · Aug 24, 1999

Defendants assert that they are each entitled to qualified immunity from suit because in filing the counterclaim Keever was performing a discretionary act, did not violate any clearly established constitutional right of which … Conversely, an official’s conduct is not protected by qualified immunity if, in light of clearly established pre-existing law, it was apparent the conduct, when undertaken, would be a violation of the right at issue.

Seekamp v. Michaud

Court of Appeals for the First Circuit · Mar 27, 1997

immunity. … immunity claims.

Gaymon v. Borough of Collingdale

150 F. Supp. 3d 457 · District Court, E.D. Pennsylvania · Jul 17, 2015

Defendants sought to redefine the focus of the qualified immunity analysis to whether there was a clearly established “First Amendment right to record” police, officers performing their official duties at the time of the … To overcome the defense of qualified immunity, Plaintiffs must allege facts showing that the Defendant officers’ conduct (1) “violated a statutory or constitutional right, and (2) that the right was ‘clearly established’

Jason Cunningham v. Shelby Cnty., Tenn.

994 F.3d 761 · Court of Appeals for the Sixth Circuit · Apr 19, 2021

Qualified immunity shields federal and state officials from money damages unless a plaintiff alleges facts showing (1) that the official violated a statutory or constitutional right, and (2) that the right was clearly established … The district court pointed to precedent from this court that it believed had clearly established before March of 2017 that, for Paschal and Wiggins to be entitled to qualified immunity under the circumstances of this case

Betty Jean Triplett v. Washington Dept of Social & Health Services

193 Wash. App. 497 · Court of Appeals of Washington · Apr 21, 2016

The prevailing view is that once the defense of qualified immunity is properly raised, the plaintiff has the burden of showing the defendant violated the plaintiffs clearly established federal right. MARTIN A. … Clearly established law The individual defendants are still qualifiedly immune from liability, even for a constitutional violation, if their conduct was objectively reasonable in light of clearly established law

Lombardo v. Saint Louis City

361 F. Supp. 3d 882 · District Court, E.D. Missouri · Feb 1, 2019

established right and were entitled to qualified immunity. … Defendants have appealed the portion of the court's order denying them qualified immunity based on whether the law was clearly established law. The same is true for Hopper v.

Administrator Larry Crawford, individually and in his official capacity, Captain Carl Aldridge, individually and in his official capacity, C.O. Paul Diamond, individually and in his official capacity, C.O. Don Vance, individually and in his official capacity, C.O. David Rodes, individually and in his official capacity, C.O. Joshua Scarberry, individually and in his official capacity, and The West Virginia Regional Jail and Correctional Facility Authority v. Michael A. McDonald

West Virginia Supreme Court · Mar 31, 2023

McDonald disagrees that Petitioners are entitled to qualified immunity. … established law for qualified immunity purposes because it does not prescribe any specific behavior by the supervisory defendants and does not clearly define any rights.

Ande v. Rock

256 Wis. 2d 365 · Court of Appeals of Wisconsin · May 16, 2002

Qualified immunity overview. ¶ 15. … Wisconsin or federal case law *388 clearly establishing such an interest. Therefore, we conclude that qualified immunity bars all their federal claims. 16 CONCLUSION ¶ 22.

Littles v. Commissioner of Correction

444 Mass. 871 · Massachusetts Supreme Judicial Court · Aug 12, 2005

The doctrine of qualified immunity generally shields public officials from liability for civil damages for the performance of discretionary functions, “insofar as their conduct does not violate clearly established statutory … if so, the inquiry shifts to whether the right was so clearly established *879 that it would be plain to a reasonable official that his conduct was unlawful.