Case law

Hill v. D.J. Taylor

District Court, N.D. Illinois · Jan 3, 2023

Defendants also assert that they are entitled to qualified immunity. A. … Qualified immunity is available to protect the Officers from liability unless it can be shown by Plaintiff that the Officers violated a clearly established right, based on closely analogous cases illustrating that the Officers

Henson v. Foster

District Court, W.D. Arkansas · Feb 10, 2023

Qualified immunity “shields [a] government official from liability in a section 1983 action unless the official’s conduct violates a clearly established right of which a reasonable person would have known.” Brown v. … of whether the detainees rights were clearly established). 2.

Todd D'Braunstein v. Chp

131 F.4th 764 · Court of Appeals for the Ninth Circuit · Mar 12, 2025

But I depart from the majority in its “clearly established’ prong analysis of qualified immunity. … But for qualified immunity, the Supreme Court “has repeatedly told courts . . . not to define clearly established law at a high level of generality.” Kisela v.

Melene James v. City of Boise

158 Idaho 713 · Idaho Supreme Court · May 21, 2015

The Court explained why the “clearly established law” could not be so general that it would eliminate the rule of qualified immunity. … With respect to qualified immunity, the court of appeals held that there was no clearly established law that the officer’s “use of a police dog to search and bite was unconstitutional.” Id. at 1092 .

Brian Pearson v. Tyler Eldridge

2022 DNH 039 · District Court, D. New Hampshire · Mar 28, 2022

Eldridge has moved for judgment on the pleadings based on qualified immunity. Because Eldridge has not established that qualified immunity shields him from suit, I deny the motion. I. … right was clearly established at the time of the challenged conduct.’”

Spacek v. Charles

928 S.W.2d 88 · Texas Court of Appeals, 14th District (Houston) · Jul 18, 1996

Whether an official has immunity for an allegedly unlawful official action generally turns on the objective legal reasonableness of the action as assessed in light of the legal rules clearly established at the time of the … QUALIFIED IMMUNITY UNDER THE TEXAS EDUCATION CODE In their third point of error, Spa-cek and Ramsey submit the trial court erred in denying their motion for summary judgment as to Charles’ state claims because they established

Fann v. Brailey

841 S.W.2d 833 · Court of Appeals of Tennessee · Jul 2, 1992

The Harlow court established an objective test to determine whether the state official enjoyed the qualified immunity: [Government officials performing discretionary functions generally are shielded from liability for civil … have a clearly established right not to have information about her prior involvement with the law revealed to the public?”

Henry v. Purnell

619 F.3d 323 · Court of Appeals for the Fourth Circuit · Sep 24, 2010

immunity defense based on whether the law is “clearly established” is a separate and required judicial action. 12 *337 The contours of that qualified immunity inquiry were laid out in Saucier. … Second, we have found no support for the proposition that a dissent may propound clearly established law for purposes of determining qualified immunity.

W. Va. Regional Jail and Correctional Facility Authority v. A.B.

West Virginia Supreme Court · Mar 27, 2014

[the West Virginia Governmental Tort Claims and Insurance Reform Act], is entitled to qualified immunity from personal liability for official acts if the involved conduct did not violate clearly established laws of which … Code, 29-12A-1, et seq. is entitled to qualified immunity from personal liability for official acts if the involved conduct did not violate clearly established laws of which a reasonable

Bell v. Luna

856 F. Supp. 2d 388 · District Court, D. Connecticut · Mar 1, 2012

. § 1983 , and that they should in any case be granted qualified immunity, as Mr. Bell’s allegedly infringed rights were not ones clearly established at the time the actions took place. … The Second Circuit has not decided whether an unpublished summary order can serve to "clearly establish” the law for qualified immunity purposes. See David R.

Baar v. Jefferson County Board of Education

686 F. Supp. 2d 699 · District Court, W.D. Kentucky · Feb 19, 2010

As the Sixth Circuit explained, “[u]nder this judicially created exception, government officials are immune from civil liability when acting in an official capacity if their actions do not violate ‘clearly established statutory … These two recent cases do not give clearly established guidance in our circumstances.

Amato v. Office of Com'r of Securities

644 So. 2d 412 · Louisiana Court of Appeal · Nov 15, 1994

The difference between absolute immunity and qualified immunity is at absolute immunity is a complete bar against suit for damages arising from a judge's conduct, while qualified immunity is an affirmative defense that protects … Thus, the majority was clearly wrong in holding that Stansbury was entitled to qualified immunity from liability for his actions under LSA-R.S. 9:2798.1.

Nowak v. Szwedo

704 F. Supp. 153 · District Court, N.D. Illinois · Jan 11, 1989

qualified immunity. … Defendants claim that qualified immunity relieves them of liability because at the time of their alleged actions there was no established case law upholding a First Amendment claim for retaliation as petty and far removed

Morgan v. Wilson

District Court, W.D. Arkansas · Aug 5, 2022

Judicial Immunity “Few doctrines were more solidly established at common law than the immunity of judges for liability for damages for acts committed within their judicial … entitled to qualified immunity).

Preslie Hardwick v. Marcia Vreeken

844 F.3d 1112 · Court of Appeals for the Ninth Circuit · Jan 3, 2017

The panel held that defendants’ case for qualified immunity was not supported by the law or the record. … “Clearly Established” An official “cannot be said to have violated a clearly established right unless the right’s contours were sufficiently definite that any reasonable official in [his or her] shoes would have understood

Joshua Paul English v. Officer Jonathan Fowler

75 F.4th 1151 · Court of Appeals for the Eleventh Circuit · Jul 27, 2023

They argued that they are entitled to qualified immunity from the claim of ex- cessive force. … that violated clearly established law.”

Anthony Gibson v. Jeffrey Kilpatrick

773 F.3d 661 · Court of Appeals for the Fifth Circuit · Dec 11, 2014

was clearly established. … Qualified Immunity A.

Depaul Industries v. Benjamin Miller

14 F.4th 1021 · Court of Appeals for the Ninth Circuit · Sep 28, 2021

MILLER DISCUSSION Miller is entitled to qualified immunity unless he violated a clearly established statutory or constitutional right. … CONCLUSION Miller is entitled to qualified immunity if his conduct did not violate DePaul’s clearly established statutory or constitutional rights.

Barbara Coleman v. Houston Independent School District, Anita Ellis

113 F.3d 528 · Court of Appeals for the Fifth Circuit · May 19, 1997

“Denial of summary judgment on the ground of qualified immunity is immediately appealable to the extent that the question on appeal is whether the undisputed facts amount to a violation of clearly established law.” … a clearly established constitutional right.

Romer v. Morgenthau

119 F. Supp. 2d 346 · District Court, S.D. New York · Sep 26, 2000

absolute or qualified immunity. … See discussion supra; Harlow, 457 U.S. at 818 , 102 S.Ct. 2727 (allowing qualified immunity if defendant “does not violate clearly established” rights of which “a reasonable person would have known”).