Case law

Opinion No.

Arkansas Attorney General Reports · Nov 3, 2005

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.

Max Ross v. Ed Hinton, Jr.

937 F.2d 609 · Court of Appeals for the Sixth Circuit · Jul 9, 1991

Catrett, 477 U.S. 317, 322-24 (1986). 8 Ross argues that the district court erred in finding that defendants were entitled to qualified immunity for their actions. We disagree. … Fitzgerald, 457 U.S. 800 (1982) (state officials are entitled to qualified immunity unless their actions violated a clearly established constitutional or statutory right of which a reasonable person would have known).

Mata v. Anderson

760 F. Supp. 2d 1068 · District Court, D. New Mexico · Jan 24, 2009

Clearly Established Law. … Moreover, he does not enjoy qualified immunity, because retaliatory prosecution has been clearly established as a constitutional violation, and the allegations in the First Amended Complaint, if taken as true, establish such

State ex rel. West Virginia Department of Health & Human Resources v. Kaufman

203 W. Va. 56 · West Virginia Supreme Court · Jul 10, 1998

from suit based upon (1) statutory immunity; (2) quasi-judicial immunity; (3) common-law doctrine of qualified immunity and no violation of a clearly established right; and (4) absence of duty based upon the public duty … ; (3) common-law doctrine of qualified immunity and no violation of a clearly established right; and (4) absence of duty based upon the public duty doctrine.

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.

Noyes v. Moccia, et al.

District 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.

Jerome 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

State Ex Rel. Wilhoit v. Seay

248 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.

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.

David Roberts v. City of Omaha

723 F.3d 966 · Court of Appeals for the Eighth Circuit · Jul 31, 2013

There is no clearly established law indicating Roberts’s suggested rights applied in the circumstances of this case. The district court should have granted the officers qualified immunity on these claims. … City of Minneapolis, 596 F.3d 465, 482 (8th Cir. 2010) (explaining under “qualified immunity, a county employee may be held personally liable for a constitutional violation only if his own conduct violated a clearly established

Mabry ex rel. T.M. v. Lee County

100 F. Supp. 3d 568 · District Court, N.D. Mississippi · Mar 30, 2015

In order to overcome a claim of qualified immunity, a plaintiff is required to demonstrate “(1) that the official violated a statutory or constitutional right, and (2) that the right was ‘clearly established’ at the time … Officer Fant is accordingly entitled to qualified immunity.

Fenstermaker v. City of Dayton, Ohio

712 F. Supp. 639 · District Court, S.D. Ohio · Aug 17, 1988

, but also [in order to find a claim of qualified immunity to be well taken] that it was not clearly established that the circumstances under which the official or officer was confronted at the time of the challenged action … Qualified immunity protects the individual police officers from liability under federal law for their official actions, if said actions do not violate clearly established legal, statutory or constitutional rights.

Bedinghaus v. Modern Graphic Arts

15 F.3d 1027 · Court of Appeals for the Eleventh Circuit · Mar 9, 1994

Clearly, “the company” refers to the Times and its affiliates, not to some entity that happens to purchase the assets of one of the affiliates. We see no ambiguity in the crucial terms. … As the First Circuit said in Bellino: Federal courts have established no hard and fast rule that an individual must suffer a period of unemployment to qualify for severance benefits under ERISA.

Sinaloa 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.”

Patsy Talley v. Dale Folwell

Court of Appeals for the Fourth Circuit · Apr 4, 2025

established, and thus defendants are entitled to qualified immunity.” … “Qualified immunity shields government officials from civil damages liability unless the official violated a statutory or constitutional right that was clearly established at the time of the

Colston v. Ala. Agric. & Mech. Univ. (In re Hugine)

256 So. 3d 30 · Supreme Court of Alabama · Mar 17, 2017

Qualified immunity is applicable unless the official's conduct violated a clearly established constitutional right. Anderson [v. Creighton , 483 U.S. 635 ,] 640, 107 S.Ct. 3034 , 97 L.Ed.2d 523 [ (1987) ]." Pearson v. … "Because pre-existing law did not provide fair warning to Appellees that demoting Rioux under these circumstances would violate clearly established federal law, Appellees are entitled to qualified immunity."

Shedlock v. Department of Correction

442 Mass. 844 · Massachusetts Supreme Judicial Court · Dec 8, 2004

Gilley, 500 U.S. 226, 232 (1991) (right must be clearly established “at the time the defendant acted” to overcome defense of qualified immunity). … However, the issue whether a statutory right is “clearly established” for purposes of overcoming qualified immunity is not a matter of counting up the number of decisions that have gone each way and treating as “clearly established

Carney v. Miller

Nebraska Supreme Court · Feb 14, 2014

Qualified immunity provides a shield from liability for public officials sued under 42 U.S.C. § 1983 (2006) in their individual capacity, so long as an official’s conduct does not vio- late clearly established … Whether an official may prevail in his or her qualified immunity defense depends upon the objective reasonableness of his or her conduct as measured by reference to clearly established law. 12.

Charles Austin v. Redford Township Police Depart

690 F.3d 490 · Court of Appeals for the Sixth Circuit · Aug 8, 2012

Qualified Immunity on Austin’s Excessive Force Claims “Qualified immunity protects government officials performing discretionary functions unless their conduct violates a clearly established statutory or constitutional … Page 7 force against a subdued suspect was clearly established.

Vincent v. Yelich

812 F. Supp. 2d 276 · District Court, W.D. New York · Aug 29, 2011

The defense of qualified immunity shields public officials from an action for civil damages, to the extent that their challenged acts do not violate “clearly established statutory or constitutional rights of which a reasonable … Because the defendants’ actions did not violate any constitutional right that was clearly established at the time of the alleged violations, they are entitled to qualified immunity. *282 CONCLUSION For the foregoing reasons