Case law
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198 Wis. 2d 24 · Court of Appeals of Wisconsin · Nov 2, 1995
Merely alleging a general violation of a right that may be clearly established by the constitution or á statute is insufficient clarity of established law to justify withholding qualified immunity. … Recognizing that the defendants' qualified immunity could be pierced "only if the specific right they violated was clearly established at the time they violated it," the K.H. court decided the issue against them.
Cited 5 timesPublishedFinlan v. Dallas Independent School District
90 S.W.3d 395 · Texas Court of Appeals, 11th District (Eastland) · Nov 27, 2002
The defense of qualified immunity shields governmental officials from liability under Section 1983 for civil damages if “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … It did not address the first inquiry in the qualified immunity analysis; that is, it did not address the question of law whether the law was clearly established in 1992 that the filing of a civil suit, alleged to be malicious
Cited 35 timesPublishedDistrict Court, E.D. Michigan · Mar 30, 2024
Of course, qualified immunity would protect officers if their conduct did not violate clearly established rights. Pearson v. Callahan, 555 U.S. 223, 231 (2009). … Though there are some differences between qualified immunity and Michigan statutory governmental immunity—qualified immunity uses an objective standard to evaluate reasonableness, for instance, while Michigan
Cited 0 timesUnknown810 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 timesPublished161 So. 3d 212 · Court of Civil Appeals of Alabama · Apr 19, 2013
‘An official is entitled to qualified immunity if he is performing discretionary functions and his actions do “‘not violate clearly established statutory or constitutional rights of which a reasonable person would have known … [’] complaint fails to allege a violation of a clearly established constitutional right.
Cited 3 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 timesPublishedDistrict Court, D. Oregon · Aug 7, 2025
violated a clearly established constitutional right. … Pauly, 580 U.S. 73, 78-79 (2017) (“Qualified immunity attaches when an official’s conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”)
Cited 0 timesUnknown247 F. Supp. 3d 767 · District Court, E.D. Virginia · Mar 28, 2017
Defendant is entitled to qualified immunity with respect to his decision to block Plaintiff from further . posting on the Loudoun County Commonwealth’s Attorney Facebook Page. • Qualified ■ immunity . serves to shield government … In evaluating whether Defendant is entitled to qualified immunity, the Court must determine “(1) whether the plaintiff has established the violation of a constitutional right, and (2) whether that right was clearly established
Cited 17 timesPublished816 F. Supp. 528 · District Court, D. Minnesota · Mar 9, 1993
Moreover, plaintiffs argue that because a reasonable officer would have known that the orders to leave the party violated clearly established constitutional rights, qualified immunity is not available. … Defendants argue that none of the arrests violated plaintiffs’ clearly established constitutional rights and therefore qualified immunity applies.
Cited 12 timesPublishedJohn Moody v. Mich. Gaming Control Bd.
871 F.3d 420 · Court of Appeals for the Sixth Circuit · Sep 11, 2017
Therefore, the right was clearly established. … We therefore reverse the district court’s grant of qualified immunity on the Fifth Amendment claim, and hold that the right articulated in Moody I was clearly established at the time of the violation. 2.
Cited 25 timesPublishedDistrict Court, D. Oregon · Aug 11, 2025
violated a clearly established constitutional right. … Pauly, 580 U.S. 73, 78-79 (2017) (“Qualified immunity attaches when an official’s conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”)
Cited 0 timesUnknownMiller v. City of Philadelphia
954 F. Supp. 1056 · District Court, E.D. Pennsylvania · Jan 29, 1997
Defendants further claim that Scheer has qualified immunity under § 1983 because he did not violate a clearly established constitutional right held by plaintiffs. i. … (holding standards for interviewing children that had allegedly been sexually abused not clearly established and defendants were entitled to qualified immunity), cer t. denied, 484 U.S. 828 , 108 S.Ct. 97 , 98 L.Ed.2d 58
Cited 9 timesPublishedBettio v. Village of Northfield
775 F. Supp. 1545 · District Court, N.D. Ohio · Oct 18, 1991
asserted is clearly established. … As such, there being no clearly established right in existence as to this portion of the claim, Satola and Varga do not lose the protection of qualified immunity here.
Cited 20 timesPublishedStephen Hill v. City of Fountain Valley
70 F.4th 507 · Court of Appeals for the Ninth Circuit · Jun 1, 2023
In short, qualified immunity applies because the Hills have not offered any factually analogous case “clearly 16 HILL V. … Because this law was clearly established at the time of the events here, the officers are not entitled to qualified immunity.
Cited 21 timesPublishedDivision of Employment Security v. Board of Police Commissioners
864 F.3d 974 · Court of Appeals for the Eighth Circuit · Jul 28, 2017
The Officers “Qualified immunity shields a government official from liability unless his conduct violates ‘clearly established statutory or constitutional rights of which a reasonable person would have known.’” … “Our prior cases have clearly established that use of [a] taser on a nonfleeing, nonviolent suspected misdemeanant [is] unreasonable.” Brossart v.
Cited 28 timesPublished56 Cal. App. 4th 445 · California Court of Appeal · Jul 15, 1997
Immunity The qualified immunity defense protects “government officials performing discretionary functions . . . from liability for civil damages insofar as their conduct does not violate clearly established statutory or … When qualified immunity is asserted, we must undertake a two-step analysis: “(1) Was the law governing the official’s conduct clearly established?
Cited 6 timesPublishedMitchell v. Town of Hayneville, Alabama
District Court, M.D. Alabama · Feb 6, 2023
Qualified immunity “protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory … Whether the Right Was Clearly Established The court now turns to the remaining qualified-immunity determination: Whether Reeves, Tyson-Bailey
Cited 0 timesUnknownJL ex rel. Thompson v. New Mexico Department of Health
169 F. Supp. 3d 1194 · District Court, D. New Mexico · Mar 4, 2016
Although qualified immunity is most often raised at the summary judgment stage, the Tenth Circuit has recognized the propriety of raising a qualified immunity defense in a motion to dismiss. … Defendants argue that they are shielded by qualified immunity from Plaintiffs’ substantive due process claims because the rights that Plaintiffs assert were not clearly established at the time of the challenged conduct that
Cited 1 timesPublishedBradley Monical v. Christina Towers
Court of Appeals for the Ninth Circuit · Feb 7, 2020
immunity. … Hammond, 821 F.3d 1085, 1090 (9th Cir. 2016) (for a right “[t]o be clearly established” for purposes of qualified immunity, “a right must be sufficiently clear that every reasonable official would have understood that
Cited 0 timesUnpublishedCourt of Appeals of Tennessee · Dec 18, 2009
As to the issue of qualified immunity, the trial court found that qualified immunity applied as “the right that was allegedly violated is not a clearly established right of which a reasonable person would have known.” … Further, qualified immunity would not apply if the Appellees’ conduct was unreasonable “in light of the clearly established constitutional rights.” Williams, 186 F.3d at 691.
Cited 0 timesPublished
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