Case law

Parking Authority of River City, Inc. v. Bridgefield Casualty Insurance Co.

477 S.W.3d 598 · Court of Appeals of Kentucky · Nov 6, 2015

Governmental immunity, on the other hand, is a derivative of sovereign immunity and is granted to qualified governmental agencies or entities. … The test for whether an entity qualifies for governmental immunity is two-pronged. Comair, 295 S.W.3d at 99 .

Martin v. Hallum

2010 Ark. App. 193 · Court of Appeals of Arkansas · Feb 24, 2010

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, and raised a genuine

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).

Mann Ex Rel. Estate of Mann v. Palmerton Area School District

872 F.3d 165 · Court of Appeals for the Third Circuit · Sep 22, 2017

In addressing the clearly established prong of the qualified immunity inquiry, we must define the right allegedly violated at the appropriate level of specificity. Sharp v. … We granted qualified immunity to the gym teacher, concluding that a child did not have a clearly established right to dry-drowning intervention protocols while participating in gym class. Id. at 641.

Darnell Hines v. Ashrafe Youseff

914 F.3d 1218 · Court of Appeals for the Ninth Circuit · Feb 1, 2019

So for the officials here to lose qualified immunity, it would have to have been clearly established that treating people of all races the same violated the Equal Protection Clause. … So we conclude that the defendants are entitled to qualified immunity. The rights that the inmates claim were not clearly established when the officials acted. Granting leave to amend would be futile.

Hunter v. Town of Edwards

871 F. Supp. 2d 558 · District Court, S.D. Mississippi · May 16, 2012

were clearly established at the time it was taken.”) … unreasonable in the light of that then clearly established law.”

Randall v. Scott

610 F.3d 701 · Court of Appeals for the Eleventh Circuit · Jun 30, 2010

Alternatively, even if the allegations in the complaint were sufficent to establish a First Amendment violation, the court concluded that Scott was entitled to qualified immunity because she did not violate clearly established … claim for violation of his First Amendment rights; and (3) Scott is entitled to qualified immunity because Randall’s constitutional rights at issue were not clearly established at the time of Scott’s alleged misconduct

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.

Burke v. Glanz

292 F. Supp. 3d 1235 · District Court, N.D. Oklahoma · Nov 9, 2017

With respect to the second component of the qualified immunity analysis, to show clearly established law, a plaintiff must generally identify a Supreme Court or Tenth Circuit opinion which existed at the time of the alleged … Glanz also argues that he is entitled to qualified immunity.

Arnzen v. State

123 Idaho 899 · Idaho Supreme Court · May 13, 1993

Thus, in order to determine whether Richardson, in his individual capacity, was entitled to qualified immunity, we must ask: 1. Was there a clearly established law; 2. … This prong of the qualified immunity analysis is a compound question: (1) did Arnzen have a clearly established right; and (2) did Richardson’s conduct violate it?

Rodriguez v. County of Los Angeles

96 F. Supp. 3d 990 · District Court, C.D. California · May 29, 2014

immunity to officers who used Tasers in which courts held that Taser usage was not “clearly established.” … These theories arose from clearly established constitutional violations which, if proven, would disqualify a defendant from qualified immunity protections. Hope v.

Neal W. Roland v. Perry Johnson, Thomas Phillips, Dale Foltz, Bernie Toland

933 F.2d 1009 · Court of Appeals for the Sixth Circuit · May 22, 1991

Creighton, 483 U.S. 635 (1988), the Supreme Court refined the qualified immunity test developed in Harlow. … Accordingly, defendants' claim of qualified immunity is without merit. 9 The defendants next assert the district court erred in entering judgment in Roland's favor.

Ryan Leaver v. Gary Shortess

844 F.3d 665 · Court of Appeals for the Seventh Circuit · Dec 21, 2016

And even if he was aware of it, qualified immunity applies. It’s not clear that the infor- mation would have negated probable cause. I. … Or at least qualified immunity applies. It would not have been clear to a reasonable officer that these contract provisions defeat probable cause.

Eng v. Cooley

552 F.3d 1062 · Court of Appeals for the Ninth Circuit · Jan 14, 2009

If a plaintiffs constitutional rights were not clearly established at the time of the violation, then qualified immunity should be granted. 2. Whether Eng’s Rights Were Clearly Established a. … established’ to preclude qualified immunity.”

Mattos v. Agarano

661 F.3d 433 · Court of Appeals for the Ninth Circuit · Oct 17, 2011

We now hold that, although Plaintiffs in both cases have alleged constitutional violations, the officer Defendants are entitled to qualified immunity on Plaintiffs’ § 1983 claims because the law was not clearly established … Defendant Officers Did Not Violate Clearly Established Law When They Tased Mattos We next turn to whether the officers are entitled to qualified immunity for the force they used against Jayzel in August 2006.

Vette v. Sanders

989 F.3d 1154 · Court of Appeals for the Tenth Circuit · Mar 5, 2021

Vette’s clearly established rights under the Fourth Amendment.6 It accordingly held Sergeant Sanders was not entitled to qualified immunity. Sergeant Sanders timely appealed. Although Mr. … Legal Standards and Standard of Review “The doctrine of qualified immunity shields officials from civil liability so long as their conduct ‘does not violate clearly established statutory or constitutional rights

Tanvir v. Tanzin

120 F.4th 1049 · Court of Appeals for the Second Circuit · Oct 29, 2024

A government official is entitled to qualified immunity from damages unless a reasonable person in her position would have understood that her conduct fell within the scope of a clearly established prohibition. … ‘clearly established’ at the time of the challenged conduct.”

Rosen v. City of New York

667 F. Supp. 2d 355 · District Court, S.D. New York · Oct 28, 2009

The doctrine of qualified immunity shields government officials performing discretionary functions from liability for civil damages under federal claims insofar as their conduct does not violate clearly established statutory … A government official is entitled to qualified immunity when “(1) Plaintiff fails to allege a violation of a federal right; (2) the right alleged was not clearly established at the time of the alleged violation; or (3) the

Bryant v. Texas Department of Aging & Disability Services

781 F.3d 764 · Court of Appeals for the Fifth Circuit · Mar 25, 2015

A defense of qualified immunity is analyzed in two parts. “First, a court must decide whether a plaintiff’s allegation, if true, establishes a violation of a clearly established right.” Id. (citation omitted). … She has thus failed to show that the reassignment violated a clearly established right and Littleton is entitled to qualified immunity on this interference claim. 8  Case

Cantrell v. DeKalb County

78 S.W.3d 902 · Court of Appeals of Tennessee · Aug 3, 2001

The Qualified Immunity Defense The dispositive issue for this appeal is whether the law enforcement officials have presented undisputed facts demonstrating that they are entitled to qualified immunity as a matter of law. … Cantrell’s clearly established rights. ■ 1. Mr. Cantrell’s Free Exercise Rights Mr. Cantrell, like all persons, possesses certain clearly established rights with regard to the practice of his religion.