Case law

City of Lancaster v. Chambers

37 Tex. Sup. Ct. J. 980 · Texas Supreme Court · Jun 15, 1994

judgment on qualified immunity is improper.”). … First, federal immunity may be conferred at the summary judgment stage by the court’s finding that the constitutional right at issue was not clearly established. Elder v.

Carter v. Beebe

Court of Appeals for the Tenth Circuit · Jun 22, 2026

This argument may have merit on the first step of qualified immunity analysis—constitutional violation, but not the second—clearly established law. Mr. … that Chief Beebe violated clearly established constitutional law, Chief Beebe is entitled to qualified immunity on Mr.

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.”

Jackie L. Brown, II v. City of Montgomery

233 W. Va. 119 · West Virginia Supreme Court · Feb 20, 2014

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 official would have known. … 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

Feigin v. Digital Interactive Associates, Inc.

1999 Colo. J. C.A.R. 683 · Colorado Court of Appeals · Feb 4, 1999

Qualified Immunity The commissioner contends that the trial court erred in denying his summary judgment motion requesting a finding that he was immune from suit under the doctrine of qualified immunity. We agree. … Whether a right is clearly established is a question of law, and, in reviewing a qualified immunity determination, we must use our full knowledge of all relevant precedents. Freedom from Religion Foundation, Inc. v.

Christopher H. Harris v. Asa Hutchinson, Individually and in His Official Capacity as Governor of the State of Arkansas; And Patrick Fisk, Individually and in His Official Capacity

591 S.W.3d 778 · Supreme Court of Arkansas · Jan 9, 2020

The General Assembly clearly intended to subject the State to liability under the AWBA. Ark. Code Ann. § 21-1-602(5); Smith v. … , the legislature has established the Arkansas State Claims Commission so that claims against the State may be addressed while preserving the State’s sovereign immunity.

Perea v. Baca

817 F.3d 1198 · Court of Appeals for the Tenth Circuit · Apr 4, 2016

Baca and Jaramillo timely appealed the denial of qualified immunity. … not violate clearly established law.

Estate of Derek Williams, Jr. v. Jeffrey Cline

902 F.3d 643 · Court of Appeals for the Seventh Circuit · Aug 31, 2018

Substantive qualified immunity analysis encompasses two distinct questions: (1) whether defendants violated a constitutional right; and (2) whether that "right was 'clearly established' at the time of the challenged conduct … qualified immunity."

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.

Ryan Lash v. Jennifer Lemke

786 F.3d 1 · Court of Appeals for the D.C. Circuit · May 15, 2015

A Because the officers’ conduct here did not violate any clearly established law, they have qualified immunity against Lash’s Fourth Amendment claim. 2 Qualified immunity exists to protect officers “from undue interference … An official who asserts a qualified immunity defense can only be held liable if the plaintiff suing him establishes that the official “violated a constitutional right” that “was clearly established” at the time.

Parker v. Armstrong

District Court, W.D. Texas · Aug 7, 2024

Qualified immunity bars suit against officers in their official capacity from liability for civil damages so long as their conduct does not violate a clearly established statutory constitutional right. … Jones, 922 F.3d 309, 318 (5th Cir. 2019) (holding that before the qualified immunity inquiry discretionary authority must be established)).

Frank Minor v. Delaware River & Bay Authority

70 F.4th 168 · Court of Appeals for the Third Circuit · Jun 8, 2023

“To resolve a claim of qualified immunity, [we] en- gage in a two-pronged inquiry: (1) whether the plaintiff suffi- ciently alleged the violation of a constitutional right, and (2) whether the right was clearly established … clearly established constitutional right.”

Nevarez v. Coleman

District Court, E.D. Louisiana · Jan 24, 2023

The qualified-immunity defense to such claims shields government officials who perform discretionary functions from suit and liability under section 1983, “unless their conduct violates clearly established statutory … Thus, an “officer will be entitled to qualified immunity if no constitutional violation occurred or if the conduct ‘did not violate law clearly established at the time.’” Davis v.

Welch v. Spaulding

627 F. App'x 479 · Court of Appeals for the Sixth Circuit · Sep 30, 2015

immunity because Welch failed to show that they violated a clearly established statutory or constitutional right. … . —, 134 S.Ct. 2012, 2023 , 188 L.Ed.2d 1056 (2014) (“An official sued under § 1983 is entitled to qualified immunity unless it is shown that the official violated a statutory or constitutional right that was ‘clearly established

Flying Dog Brewery, LLLP v. Michigan Liquor Control Commission

870 F. Supp. 2d 477 · District Court, W.D. Michigan · Jun 28, 2012

clearly established constitutional rights. … Plaintiff has failed to demonstrate the Commissioners violated any “clearly established law,” and qualified immunity therefore applies.

Doyle v. Lehi City

723 Utah Adv. Rep. 7 · Court of Appeals of Utah · Dec 6, 2012

“Qualified immunity shields [government] officials from money damages unless a plaintiff pleads facts showing (1) that the official violated a statutory or constitutional right, and (2) that the right was ‘clearly established … Accordingly, we address only the “clearly established” prong of the qualified immunity test and need not decide whether Lehi City officials violated the right alleged by Doyle.3 ¶23 “A Government official’s conduct violates

Calhoun v. Buck

371 F. Supp. 3d 1008 · District Court, D. Utah · Apr 5, 2019

Qualified Immunity Trooper Buck asserts he is entitled to qualified immunity on Plaintiff's claims. … established right and therefore qualified immunity applies. a.

Boston v. Suffolk Cnty.

326 F. Supp. 3d 1 · District Court, E.D. New York · Jan 9, 2018

certainly circumstances where an intoxicated person's statement that he or she does not need medical treatment should not be honored because it is inconsistent with other objective facts indicating that hospitalization is clearly … Plaintiff introduced, through deposition testimony, that Rangers Sokol and Paterson had never received any training from Smithtown on how to identify drugs; how drugs affect people; how to deal with individuals who are clearly

Barnthouse v. City of Edmond

74 O.B.A.J. 1297 · Supreme Court of Oklahoma · Apr 22, 2003

Material issues of fact for a jury exist as to: (1) whether Cochran violated Appellants' clearly established constitutional rights for purposes of his individual qualified immunity defense to the § 1988 claim; and (@)whether … Whether Cochran is entitled to qualified immunity where his conduct violated Appellants' right to due process (a constitutional right), and that right was violated by Cochran when it was clearly established at the time of

Dimmitt v. City of Clearwater

985 F.2d 1565 · Court of Appeals for the Eleventh Circuit · Mar 23, 1993

Ordinarily a litigant offering a facial constitutional challenge to a statute must establish that “no set of circumstances exist under which the Act would be valid.” United States v. … To summarize, by exempting only government flags from the permit requirement, section 134.008(18) clearly restricts speech based upon its content.