Case law

Derrick Dutton v. Sheryl Hayes-Pupko

Texas Court of Appeals, 3rd District (Austin) · Aug 7, 2008

He asserted that Hayes-Pupko had to overcome his assertion of qualified immunity by proving that he (1) violated her clearly established rights and (2) acted unreasonably or in bad faith in doing so. … Discussion "A government official performing discretionary functions is entitled to qualified immunity unless his conduct violates clearly established statutory or constitutional rights of which a reasonable person would

Kimberlin v. Quinlan

199 F.3d 496 · Court of Appeals for the D.C. Circuit · Dec 28, 1999

The judgment on the clearly established law, however, is not fully dispositive of the issues raised by appellants’ renewed motion for summary judgment on grounds of qualified immunity. … was clearly established.”

Moody v. Michigan Gaming Control Board

202 F. Supp. 3d 756 · District Court, E.D. Michigan · Aug 15, 2016

Therefore, because a reasonable officer would have believed his actions to be lawful, the rights at issue were not clearly established. Accordingly, the Defendants are entitled to qualified immunity on these claims. C. … Finally, the Defendants argue that they are still entitled to qualified immunity because any violation did not involve a clearly established right that a reasonable person would have known. Dkt. No. 144 at 30-31 (Pg.

Byrd v. Haas

District Court, E.D. Michigan · Nov 23, 2020

Qualified Immunity for RLUIPA Claims Qualified immunity is unavailable for the RLUIPA claims in this case. … And qualified immunity only applies to claims for money damages, not claims for injunctive or declaratory relief. See Flagner v.

Romero v. Bexar County

993 F. Supp. 2d 658 · District Court, W.D. Texas · Jan 9, 2014

Government officials performing discretionary functions are protected from civil liability under the doctrine of qualified immunity if their conduct violates no “clearly established statutory or constitutional rights of which … Qualified immunity is not only a defense to liability but also a immunity from suit. Pearson, 555 U.S. at 223 , 129 S.Ct. 808 .

Caldwell v. LeFaver

928 F.2d 331 · Court of Appeals for the Ninth Circuit · Mar 20, 1991

Under the doctrine of qualified immunity, social workers are shielded from liability where their official conduct “does not violate clearly established statutory or constitutional rights of which a reasonable person would … However, assuming such a right was clearly established in April 1987, we do not think that it vitiates the application of qualified immunity here.

Kapinski v. City of Albuquerque

964 F.3d 900 · Court of Appeals for the Tenth Circuit · Jul 6, 2020

In response, Detective Juarez moved for summary judgment on the basis of qualified immunity, arguing that omitting the video footage did not transgress any clearly established law. … clearly established.”

Cunningham v. Gates

229 F.3d 1271 · Court of Appeals for the Ninth Circuit · Oct 31, 2000

In order to decide the qualified immunity claims, we must determine 1) whether non-shooting officers are entitled to qualified immunity because “jamming” does not violate clearly established law, 2) whether council members … are entitled to qualified immunity because a policy of indemnifying officers against punitive damages does not violate clearly established law, and 3) whether City attorneys are entitled to qualified immunity because recommending

Christopher Stoner v. Eugene Watlingten

735 F.3d 799 · Court of Appeals for the Eighth Circuit · Nov 7, 2013

Qualified Immunity The doctrine of qualified immunity protects government officials “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights … Under these principles, we frame the clearly-established question as whether a reasonable officer would have known that he violated clearly established Fourth Amendment law by arresting Stoner for violating Ark.

BROWN v. ROBINETT

District Court, S.D. Indiana · Feb 19, 2021

"Qualified immunity protects public officials from liability for damages if their actions did not violate clearly established rights of which a reasonable person would have known." Fleming v. … Clearly, an entitlement to qualified immunity cannot be established by the mere incantation of magic words, purportedly buttressed by endless pages of quotes relating to the doctrine. Arguably, Ms.

Danny W. TURNER v. Willie MOORE

76 So. 3d 842 · Court of Civil Appeals of Alabama · Jul 29, 2011

‘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.

Bradley 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

IN RE: DISCIPLINE OF CHRISTOPHER R. ARABIA

495 P.3d 1103 · Nevada Supreme Court · Sep 23, 2021

immunity and the State Bar lacked jurisdiction over him.2 Qualified immunity does not apply to attorney disciplinary proceedings Arabia contends that he cannot be professionally disciplined because his actions … are entitled to protection under the qualified immunity doctrine, and thus, this matter must be dismissed.

Aboufariss v. City of De Kalb

305 Ill. App. 3d 1054 · Appellate Court of Illinois · Jul 7, 1999

To determine whether qualified immunity applies to a defendant in section 1983 actions, courts examine whether the defendant’s conduct violated plaintiff’s constitutional rights and whether the rights were clearly established … Once the defendant raises the defense of qualified immunity, the plaintiff carries the burden of demonstrating the violation of a clearly established right. Forman, 104 F.3d at 957-58 .

Monica Lee, Individually and On Behalf of The Estate of Damien Cameron, and All of the Heirs at Law and Wrongful Death Beneficiaries of Damien Cameron v. Rankin County, Mississippi, Hunter Thomas Elward and Luke Aaron Stickman

Court of Appeals of Mississippi · May 5, 2026

Qualified Immunity ¶25. … Thus, plaintiffs bear the burden to rebut a defense of qualified immunity “by establishing that the official’s allegedly wrongful conduct violated clearly established law.” Harris v. Miss.

Joseph C. Avakoff, Appellant-Applicant v. Southern Pacific Company and Southern Pacific Transportation Company, Appellees-Opposers

765 F.2d 1097 · Court of Appeals for the Federal Circuit · Jun 19, 1985

Without more, this type of shipment is clearly not activity amounting to a sale or transportation of the goods in commerce and does not constitute a bona fide shipment sufficient to lay a foundation for federal registration … Clearly, the shipment by applicant’s manufacturer to the applicant was not use of the mark by applicant in commerce. Conclusion The order of the board granting Southern Pacific’s motion for summary judgment is affirmed.

Golodner v. Berliner

770 F.3d 196 · Court of Appeals for the Second Circuit · Oct 27, 2014

the clearly established law.” … Few issues related to qualified immunity have caused more ink to be spilled than whether a particular right has been clearly established, mainly because courts must calibrate, on a case- by-case basis, how generally or

Tucker v. Resha

648 So. 2d 1187 · Supreme Court of Florida · Nov 10, 1994

Her petition relied in large measure on the established federal appellate mechanism for interlocutory review of orders denying summary judgment on the issue of qualified immunity. [2] The district court determined that there … Under the qualified immunity doctrine, "government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory

Paugh v. Uintah County

47 F.4th 1139 · Court of Appeals for the Tenth Circuit · Sep 7, 2022

Qualified Immunity 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 … The Law is Clearly Established The district court held that the law was clearly established.

Carswell v. Camp

54 F.4th 307 · Court of Appeals for the Fifth Circuit · Nov 30, 2022

But Carswell says this was “the opposite of a refusal or failure to rule” because the “district court clearly indicated it would timely address Individual Defendants’ qualified immunity defense.” … No. 21-10171 established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery.”