Case law

Davis v. Town of Southern Pines

116 N.C. App. 663 · Court of Appeals of North Carolina · Nov 1, 1994

“The test of qualified immunity for police officers sued under [section 1983] is whether [the officers’ conduct violated] clearly established statutory or constitutional rights of which a reasonable person would have known … In ruling on the defense of qualified immunity we must: (1) identify the specific right allegedly violated; (2) determine whether the right allegedly violated was clearly established at the time of the violation; and (3)

Jain v. Bd. Of Educ. Of Butler School Dist. 53

366 F. Supp. 3d 1014 · District Court, E.D. Illinois · Mar 12, 2019

. 5 In general, qualified immunity shields public officials from liability for civil damages " 'insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … of qualified immunity. 6 C.

Daily Services, LLC v. Tracy Valentino

756 F.3d 893 · Court of Appeals for the Sixth Circuit · Jun 26, 2014

Qualified Immunity’s Clearly Established Law and Parratt Our qualified immunity analysis first addresses the sole basis for the district court’s decision: whether Daily Services’ claimed constitutional right was “clearly … The applicability of Parratt , then, is irrelevant to the clearly established prong of the qualified immunity analysis.

Booth v. City of Dallas

312 F.R.D. 427 · District Court, N.D. Texas · Dec 18, 2015

“The doctrine of 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 … That is, even if a government official’s conduct violates a clearly established right, the official is entitled to immunity if his conduct was objectively reasonable. See Davis v.

Ruffins v. DEPARTMENT OF CORRECTIONAL SERVICES

701 F. Supp. 2d 385 · District Court, E.D. New York · Mar 31, 2010

“clearly established federal law” for the purposes of qualified immunity. … At the time the Second Circuit had Earley before it for consideration, the relevant law may have been clearly established for the purposes of AEDPA and not clearly established for the purposes of qualified immunity.

John Wayne Charleston v. Clint Allen, Criminal District Attorney of Cass County

420 S.W.3d 134 · Texas Court of Appeals, 6th District (Texarkana) · Oct 15, 2012

—Tyler 1996, no writ) (prosecutor entitled only to qualified immunity in making statements to press). 5 Under the federal standards for qualified immunity, a prosecutor would be “shielded from liability for civil damages … insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”

Harvey v. Nichols

260 Ga. App. 187 · Court of Appeals of Georgia · Feb 27, 2003

The doctrine of official immunity, also known as qualified immunity, offers public officers and employees limited protection from suit in their personal capacity. … Qualified immunity protects individual public agents from personal liability for discretionary actions taken within the scope of their official authority, and done without wilfulness, malice, or corruption.

Linton v. Zorn

135 F.4th 19 · Court of Appeals for the Second Circuit · Apr 24, 2025

Linton contends “that Amnesty America clearly established law for qualified immunity purposes.” Appellant Br. at 30 n.8. … Town of West Hartford clearly established a right for qualified immunity purposes, consistent with our holding in Edrei v.

Carradine v. State

494 N.W.2d 77 · Court of Appeals of Minnesota · Dec 29, 1992

legal rules that were ‘clearly established’ at the time it was taken.” … Carradine failed to show the search of his person was conducted with excessive force or violated any clearly established law.

Hassell v. Fischer

96 F. Supp. 3d 370 · District Court, S.D. New York · Apr 1, 2015

Qualified Immunity Qualified immunity “protects public officials performing discretionary functions from personal liability in a civil suit for damages ‘insofar as their conduct does not violate clearly established statutory … Defendants’ entitlement to qualified immunity, therefore, turns on whether and when the rights that Hassell invokes were “clearly established.” Harlow, 457 U.S. at 818 , 102 S.Ct. 2727 .

McMullen v. Starkville Oktibbeha Consolidated School District

200 F. Supp. 3d 649 · District Court, N.D. Mississippi · Jul 29, 2016

To raise qualified immunity, “[a]n officer need only plead his good faith, which then shifts the burden to the plaintiff, who must rebut the defense by establishing that the officer’s allegedly wrongful conduct violated clearly … A civil rights “plaintiff can overcome a qualified immunity defense by showing (1) that the official violated a statutory or constitutional right, and (2) that the right was ‘clearly established’ at the time of the challenged

Kevin M. Leckelt v. Board of Commissioners of Hospital District No. 1

909 F.2d 820 · Court of Appeals for the Fifth Circuit · Aug 28, 1990

Thus, the district court was not clearly erroneous in finding that Leekelt failed to establish that he was discriminated against solely because of a perception that he was infected with HIV. … We are unable to conclude that the district court was clearly erroneous in finding that Leckelt did not establish pretext. C.

Tom Johnson v. Patrick McCarver

942 F.3d 405 · Court of Appeals for the Eighth Circuit · Nov 1, 2019

was clearly established at the time of the incident. … McCarver and LaLuzerne violated Johnson’s clearly established right and qualified immunity does not apply.

Thomas Cannon v. Village of Bald Head Island

891 F.3d 489 · Court of Appeals for the Fourth Circuit · May 30, 2018

“Because the first two prongs of the test are questions of law, an employer is entitled to qualified immunity if either prong cannot be resolved under clearly established law.” Crouse, 848 F.3d at 583. … In sum, under our qualified immunity analysis, at the time of the disclosures this Court’s precedent clearly established that the allegedly stigmatizing statements were made public by Peck.

Heller v. Plave

743 F. Supp. 1553 · District Court, S.D. Florida · Jul 18, 1990

Qualified Immunity Qualified immunity insulates government officials from personal liability for actions within their discretionary authority. Harlow v. … Whether an official is entitled to qualified immunity requires two inquiries: (1) whether the law was clearly established at the time of the alleged misconduct; and, (2) whether the alleged misconduct violated that clearly

Thomas v. City of Phila.

290 F. Supp. 3d 371 · District Court, E.D. Pennsylvania · Feb 2, 2018

Instead, the Court concludes that any procedural due process right is not (and was not at the relevant time) clearly established, meaning that the officers are entitled to qualified immunity in this case. A. … In any event, the real battle on the Brady count is qualified immunity: did police officers (as opposed to prosecutors) have clearly established Brady duties in 1993? In Gibson v.

Weise v. Casper

593 F.3d 1163 · Court of Appeals for the Tenth Circuit · Jan 27, 2010

Because the constitutional right asserted by the Plaintiffs was not clearly established at the time of the alleged violation, we affirm the grant of qualified immunity. … But in qualified immunity cases, except in the most obvious cases, broad, general propositions of law are insufficient to suggest clearly established law. See Brousseau v.

Jetta Elliott v. Dusty Morgan, in His Official Capacity as a Deputy Sheriff of Boone County

603 S.W.3d 570 · Court of Appeals of Arkansas · May 13, 2020

Toward this end, police officers have qualified immunity from liability in their individual capacity unless they violate a clearly established right of which a reasonable person would know. Harlow v. … A motion for summary judgment based upon qualified immunity is precluded only when the plaintiff has asserted a constitutional violation, demonstrated that the constitutional right is clearly established

Jones v. Marcum

197 F. Supp. 2d 991 · District Court, S.D. Ohio · Mar 11, 2002

is per se violative of a “clearly established” right. … The ultimate, more particularized question in the qualified immunity context is whether Jones’ had a clearly established right under the facts as he states them. This case falls into the realm of Brandenburg .

Tuchman v. State

89 Conn. App. 745 · Connecticut Appellate Court · Jun 24, 2005

The plaintiffs claim that the court improperly concluded that it lacked subject matter jurisdiction to entertain the action on the basis of the doctrines of sovereign immunity, qualified immunity and statutory immunity. … “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 which