Case law

Drennon v. Blades

District Court, D. Idaho · Dec 26, 2019

The doctrine of qualified immunity protects state officials from personal liability for on-the-job conduct so long as the conduct is objectively reasonable and does not violate an inmate’s clearly-established federal … ”; and (2) whether that right was clearly established.

Colao v. Mills

39 A.D.3d 1048 · Appellate Division of the Supreme Court of the State of New York · Apr 19, 2007

Government officials performing discretionary functions are entitled to qualified immunity, thereby shielding them from civil liability, as long as their actions did not violate the plaintiffs clearly established legal rights … qualified immunity test and determine whether reasonable officers would know that the conduct here was unlawful at the time (see Cowan ex rel.

People v. Mazur

497 Mich. 302 · Michigan Supreme Court · Jun 11, 2015

Section 4 of the MMMA concerns immunity. A qualifying patient who receives a registry identification card is entitled to immunity, provided that certain conditions are met. MCL 333.26424(a). … The trial court’s contrary finding that “there is no evidence that she provided [marihuana paraphernalia] to a registered qualifying patient or registered caregiver” is clearly erroneous because elsewhere in its opinion the

Shlomo Leibovitch v. Islamic Republic of

697 F.3d 561 · Court of Appeals for the Seventh Circuit · Sep 25, 2012

Banco Para El Comercio Exterior de Cuba, 462 U.S. 611, 620 (1983) (“The language and history of the FSIA clearly establish that the Act was not intended to affect the substantive law determining the liability of a foreign … The same is true here; Congress has established a private right of action principally for Ameri- can claimants while waiving sovereign immunity in a broader set of cases also involving American victims.

Stephen G. Loftus v. Ester Clark-Moore

690 F.3d 1200 · Court of Appeals for the Eleventh Circuit · Aug 13, 2012

The district court ruled that Clark-Moore and Ferguson were entitled to qualified immunity because neither social worker had violated a clearly established federal right of Loftus or his children. … Ferguson is entitled to qualified immunity because the threats that she allegedly made did not violate any clearly established federal right.

Sterling Hotels, LLC v. Scott McKay

71 F.4th 463 · Court of Appeals for the Sixth Circuit · Jun 22, 2023

To overcome McKay’s assertion of qualified immunity at this stage, Sterling need only plausibly allege that McKay violated its clearly established constitutional rights. … McKay’s potential individual liability for a regulatory takings claim was not clearly established when he sealed the elevators. That means McKay is entitled to qualified immunity on this claim.

Bryant v. Pulaski County Detention Center

330 S.W.3d 461 · Kentucky Supreme Court · Feb 25, 2011

The trial court granted summary judgment based on sovereign immunity to the Detention Center, and to Brian Bishop based on qualified official immunity. … Those facts clearly establish that Bishop was not acting in good faith, either objectively or subjectively.

Hanes v. Zurick

578 F.3d 491 · Court of Appeals for the Seventh Circuit · Aug 18, 2009

that right was clearly established. … ” the court indicated that the right was clearly established.

Williams v. Vannoy

District Court, M.D. Louisiana · Dec 19, 2023

Reinert, Qualified Immunity’s Flawed Foundation, 111 CAL. L. REV. 201 (2023). Restored to its proper place, this clause “unequivocally negate[s] the original interpretive premise for qualified immunity.” See Rogers v. … Plaintiff has also carried his burden to show that the law was clearly established at the time Lt. Col. Knight and Capt.

Anderson v. Vasquez

District Court, M.D. Florida · Sep 30, 2019

To avoid summary judgment based on qualified immunity, a plaintiff must show both that the defendant violated a federal right and that the right was already clearly established in light of the circumstances that occurred … “The burden of showing that an officer violated clearly established law falls on the plaintiff, and a plaintiff’s citation of general rules or abstract rights is insufficient to strip a 1983 defendant of his qualified immunity

Andrews v. Crump

144 N.C. App. 68 · Court of Appeals of North Carolina · Jun 5, 2001

They may, however, raise the defense of qualified immunity to section 1983 claims. Id. … Under the doctrine of qualified immunity, “government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory

Lynch v. Ackley

811 F.3d 569 · Court of Appeals for the Second Circuit · Jan 28, 2016

Held, the district court erred in 24 denying qualified immunity because there was no clearly established precedent at the time of the 25 defendant’s conduct that her conduct violated constitutional norms. … immunity because of the absence of clearly settled law to that effect at the time of the conduct.

Henry v. Dinelle

929 F. Supp. 2d 107 · District Court, N.D. New York · Mar 8, 2013

Scherer, 468 U.S. 183, 190 , 104 S.Ct. 3012 , 82 L.Ed.2d 139 (1984) ("Even defendants who violate [clearly established] constitutional rights enjoy a qualified immunity that protects them from liability for damages unless … Templeton, 505 F.3d 161, 169-70 (2d Cir.2007) ("[Ejven where the law is 'clearly established’ and the scope of an official's permissible conduct is 'clearly defined,' the qualified immunity defense also protects an official

Martin v. Haas

556 S.W.3d 509 · Supreme Court of Arkansas · Oct 11, 2018

That case is clearly not on point. … elections in this State are legally qualified to vote in such elections" modifies the requirement of "establish[ing] a system of permanent personal registration."

Timothy Raimey v. City of Niles, Ohio

77 F.4th 441 · Court of Appeals for the Sixth Circuit · Aug 10, 2023

“Qualified immunity shields government officials performing discretionary functions from civil liability unless their conduct violates clearly established rights.” Quigley v. … Qualified Immunity Qualified immunity protects governmental officials from suit as long “as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would

Breault v. Chairman of the Board of Fire Commissioners

401 Mass. 26 · Massachusetts Supreme Judicial Court · Oct 13, 1987

established.” … Creighton, 483 U.S. 635, 641 (1987) (principle of qualified immunity allows defendant to seek summary judgment on ground that, on “clearly established principles [of law],” he could have reasonably believed his acts to be

Freddy Nobriga Enterprises, Inc. v. State, Department of Hawaiian Home Lands

129 Haw. 123 · Hawaii Intermediate Court of Appeals · Jan 30, 2013

) on the basis of qualified immunity. … Courts must analyze claims of qualified immunity under two prongs: (1) whether the facts show a violation of a constitutional right; and (2) if the first step is satisfied, whether that right was clearly established at the

James Solomon v. Deputy U.S. Marshal Thomas

795 F.3d 777 · Court of Appeals for the Eighth Circuit · Jul 29, 2015

In this appeal, Jones and Thomas argue that the district court should have granted qualified immunity because the facts, as pleaded by Solomon, do not show a violation of clearly established rights. … of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before commencement of discovery."

Shoemaker v. Smith

353 Md. 143 · Court of Appeals of Maryland · Mar 10, 1999

'abstract issu[e] of law’ relating to qualified immunity ... … —typically, the issue whether the federal right allegedly infringed was 'clearly established. ..

A.N. v. Alamogordo Police Department

928 F.3d 1191 · Court of Appeals for the Tenth Circuit · Jul 8, 2019

P. 12(b)(6) based on qualified immunity. … In other words, “[g]eneral statements of the law can clearly establish a right for qualified immunity purposes if they apply with obvious clarity to the specific conduct in question.”