Case law
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559 S.W.3d 822 · Missouri Court of Appeals · Nov 1, 2018
Recognizing that these actions were clearly discretionary in nature, we held the kindergarten teacher in Turner was entitled to qualified official immunity. Id. at 878 . In Patton v. … As to the objective reasonableness test, Doe has not met her burden to show a violation of a constitutional, statutory, or other clearly established right.
Cited 49 timesPublishedDistrict Court, D. New Hampshire · Jun 24, 1999
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 … would violate plaintiff's clearly established constitutional rights.
Cited 0 timesPublishedDistrict Court, N.D. New York · Sep 26, 2025
Therefore, Castro is entitled to qualified immunity because it was not clearly established that individual defendants could be liable on a takings claim. See Novak v. … Castro is also not entitled to qualified immunity because it is clearly established that a false claim of lawful authority can invalidate consent. See id; Amos v.
Cited 0 timesUnknown624 A.2d 449 · District of Columbia Court of Appeals · Jan 29, 1993
“A plaintiff who seeks damages for violation of constitutional or statutory rights may overcome the defendant official’s qualified immunity only by showing that those rights were clearly established at the time of the conduct … Qualified immunity: objective legal reasonableness. Even if Durso had violated Taylor’s right to due process, we hold that he had qualified immunity for his actions.
Cited 8 timesPublished186 Misc. 2d 733 · New York Supreme Court · Dec 12, 2000
if either (1) their conduct did not violate clearly established rights of which a reasonable person would have known, or (2) it was objectively reasonable to believe that [their] acts did not violate these clearly established … [their] acts [do] not violate these clearly established rights.’ ” (Tenenbaum, at 596.)
Cited 1 timesPublishedSinaloa Lake Owners Ass'n v. City of Simi Valley
70 F.3d 1095 · Court of Appeals for the Ninth Circuit · Nov 30, 1995
While the right to due process is “clearly established” by the Due Process Clause, this level of generality was not intended to satisfy the qualified immunity standard. … that the law was clearly established, Doody was nonetheless entitled to qualified immunity because “a reasonable dam safety engineering official, similarly situated, could have believed breaching the dam was lawful.”
Cited 48 timesPublishedJim Nahas v. Polk County, Iowa
Supreme Court of Iowa · Jun 9, 2023
The “clearly established” standard is thus inherently backward-looking. … Further, whether the law was clearly established is inextricably intertwined with the new qualified immunity defense and only relevant to this case to the extent the new qualified immunity defense is operative in this
Cited 0 timesPublishedDistrict Court, E.D. Michigan · Mar 20, 2020
further inquiries concerning qualified immunity. … Thereafter, the burden shifts to the plaintiff to establish that the defendant's conduct violated a right so clearly established that any official in his position would have clearly understood he was under an
Cited 0 timesUnknownDistrict 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)).
Cited 0 timesUnknown248 S.W.3d 135 · Missouri Court of Appeals · Mar 24, 2008
Again, both Jones and Walker are public officials entitled to qualified immunity unless their immunity was lost through conduct violating a clearly established statutory or constitutional right of which a reasonable person … Wood, therefore, has failed to allege facts that adequately prove that Jones and Walker lost their qualified immunity by violating a clearly established statutory or constitutional right.
Cited 2 timesPublishedArkansas Attorney General Reports · May 13, 2004
Under the doctrine of qualified immunity, an individual is immune from suit if he undertook the actions complained of in good faith in the performance of his duties and the acts do not violate any clearly established constitutional … The immunity is "qualified" because it does not apply where the activity is in violation of clearly established law that a reasonable person would have known. Id. ; Robinson v.
Cited 0 timesPublishedDennis Ryan, Jr. v. Officer Mary Armstrong
850 F.3d 419 · Court of Appeals for the Eighth Circuit · Mar 7, 2017
A government official is entitled to qualified immunity unless he has violated a clearly established constitutional right. Pearson v. Callahan, 555 U.S. 223, 232 , 129 S.Ct. 808 , 172 L.Ed.2d 565 (2009). A. … Although the district court did not reach this question, “[w]hether an asserted federal right was clearly established at a particular time, so that a public official who allegedly violated the right has no qualified immunity
Cited 151 timesPublishedSupreme Court of Alabama · Jun 27, 2025
'To overcome qualified immunity, the plaintiff must satisfy a two-prong test; he must show that: (1) the [public official] violated a constitutional right, and (2) this right was clearly established at the … as follows: "To defeat Lawton's qualified immunity, Echols must also prove that Lawton violated a constitutional right that 'was "clearly established" at the time of the challenged conduct.'
Cited 0 timesPublishedBarbara 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.
Cited 633 timesPublished810 F.3d 750 · Court of Appeals for the Tenth Circuit · Jan 11, 2016
In applying this standard to the defense of qualified immunity, we consider whether Mr. Sanchez’s factual allegations and related inferences show the violation of a clearly established constitutional right. … But to overcome qualified immunity, Mr. Sanchez must also show that the underlying right was clearly established in 2009, when the events took place.
Cited 73 timesPublished332 Ark. 325 · Supreme Court of Arkansas · Mar 19, 1998
Clearly, the State has not been named as a party, but our inquiry does not stop there. We established the test for whether a suit is one brought against the State in Page v. … Supreme Court has distinguished qualified immunity and absolute immunity by stating that qualified immunity depends on the circumstances and the prosecutor’s motives, as established by the evidence. Imbler v.
Cited 29 timesPublishedJerome Yates, Jameela Yates v. City of Cleveland, Sanford L. Currie, Officer
941 F.2d 444 · Court of Appeals for the Sixth Circuit · Oct 1, 1991
in light of the legal rules that were ‘clearly established’ at the time it was taken. … [O]ur cases establish that the right the official is alleged to have violated must have been ‘clearly established’ in a more particularized, and hence more relevant, sense: The contours of the right must be sufficiently clear
Cited 147 timesPublished451 N.W.2d 666 · Court of Appeals of Minnesota · Feb 27, 1990
; and that neither Mickelberg and Shoop nor Costello are entitled to any qualified immunity because their conduct in participating in the grand jury deliberations was unreasonable and clearly exceeded established norms. … the media was unreasonable and clearly exceeded established legal norms.
Cited 11 timesPublished360 S.C. 164 · Court of Appeals of South Carolina · Jun 7, 2004
“The doctrine of qualified immunity shields police officers acting in their official capacity from suits for damages under 42 U.S.C. § 1983 , unless their actions violate clearly-established rights of which an objectively … Treen, 671 F.2d 892, 896 (5th Cir.1982) (“Qualified immunity now depends on the objective reasonableness of an officials conduct, as measured by reference to clearly established law, not upon malice or other subjective factors
Cited 11 timesPublishedWest Virginia Supreme Court · Oct 13, 2020
In affirming the circuit court’s decision, this Court found that pleading simple negligence, without a violation of a clearly established right, is insufficient to overcome qualified immunity. … I. reveals that this Court reviewed the pleadings and found that “[p]leading simple negligence, without a violation of a clearly established right, is insufficient to overcome qualified immunity.” B.R.I., at *2. In B.
Cited 0 timesPublished
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