Case law

Rainey v. Hartness

339 Ark. 293 · Supreme Court of Arkansas · Dec 2, 1999

Qualified Immunity — Federal Law Generally, government officials performing discretionary functions are granted a qualified immunity from suit under section 1983 and are “shielded from liability for civil damages insofar … Courts evaluating a claim of immunity must determine whether the plaintiff has alleged the deprivation of an actual constitutional right and, if so, whether that right was clearly established at the time of the alleged violation

Hall v. Conklin

966 F. Supp. 546 · District Court, W.D. Michigan · Apr 1, 1996

In assessing qualified immunity, a defendant’s action is analyzed “in light of the legal rules that were ‘clearly established’ at the time it was taken.” Anderson v. … And if a plaintiff fails altogether to state a claim of violation of clearly established law, defendants are entitled to dismissal on grounds of qualified immunity. Cameron v.

Paulette Smith v. Edward Agdeppa

81 F.4th 994 · Court of Appeals for the Ninth Circuit · Aug 30, 2023

immunity analysis—whether the claimed unlawfulness of Agdeppa’s conduct was “clearly established … We are asked to decide whether this officer is entitled to qualified immunity. We hold that he is. The officer’s use of deadly force did not violate clearly established law.

Charles Mozzochi v. Richard S. Borden, Jr., Paul J. Gibbons, Richard S. Borden, Jr., Paul J. Gibbons, Town of Glastonbury

959 F.2d 1174 · Court of Appeals for the Second Circuit · Mar 19, 1992

Because the district court framed the qualified immunity question too generally, it wrongly concluded that the defendant officials’ alleged actions violated clearly established constitutional rights. … Because it held that the defendants’ motive and conduct, if proven, violated clearly established rights, the district court rejected the defendants’ summary judgment motion based on qualified immunity.

Meals v. City of Memphis, Tennessee

493 F.3d 720 · Court of Appeals for the Sixth Circuit · Jul 11, 2007

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 statutory … If the plaintiff fails to establish any one of these elements, qualified immunity must be granted. Radvansky v.

Camilo-Robles v. Hoyos

151 F.3d 1 · Court of Appeals for the First Circuit · Jul 22, 1998

When a supervisor seeks qualified immunity in a section 1983 action, the "clearly established" prong of the qualified immunity inquiry is satisfied when (1) the subordinate's actions violated a clearly established constitutional … Responding to these allegations, each defendant claims qualified immunity and, because both the rights in question and each defendant's susceptibility to supervisory liability are clearly established, these qualified immunity

David Taylor v. George M. Hill

West Virginia Supreme Court · Nov 21, 2014

established law. … Whether respondent had qualified immunity from petitioner’s action The doctrine of qualified immunity affords “immunity to the State and its [public] officer for discretionary acts negligently committed within the

Burns v. Citarella

443 F. Supp. 2d 464 · District Court, S.D. New York · Jul 18, 2006

Qualified Immunity: Merits The doctrine of qualified immunity shields “government officials performing discretionary functions ... from liability for civil damages insofar as their conduct does not violate clearly established … Nevertheless, “Even where the plaintiffs federal rights and the scope of the official’s permissible conduct are clearly established, the qualified immunity defense protects a government actor if it was ‘objectively reasonable

Crone v. Connelly

74 Conn. App. 788 · Connecticut Appellate Court · Feb 4, 2003

“The defense of qualified immunity shields government officials from civil liability if the official’s conduct did not violate constitutional rights that were clearly established at the pertinent time or if it was objectively … As a general rule, police officers are entitled to qualified immunity if (1) their conduct does not violate clearly established constitutional rights, or (2) it was objectively reasonable for them to believe their acts did

Robert Kerman v. The City of New York, Daniel Dilucia, William Crossan, John Hume, Thomas Loomis, Steve Kaminski, Mark Demarco, Andrew Oberfeldt, James Moran, Edward Joergens, "John Doe", "Richard Roe", "Jane Doe", (The Last Three Names Being Fictitious, Said Individuals Being Employees of the City of New York Who Participated in Taking Robert Kerman, Into Custody or in Dispatching Police Officers to Robert Kerman's Home or Operating the City's Emergency Medical Service 911 System as Set Forth in the Complaint)

261 F.3d 229 · Court of Appeals for the Second Circuit · Jul 26, 2001

Qualified immunity will attach to an officer's decision to enter a dwelling in response to perceived exigent circumstances so long as the "conduct does not violate clearly established statutory or constitutional rights of … the warrantless entry in this case was clearly established by October 1995.

Hancock v. Cnty. of Rensselaer

337 F. Supp. 3d 175 · District Court, N.D. New York · Aug 29, 2018

Individual Defendants' Claims to Qualified Immunity Government employees are entitled to qualified immunity from civil damages liability so long as they are performing discretionary functions and do not violate "clearly established … Because the constitutional rights upon which Plaintiffs rely were not clearly established at the time Defendants acted, Defendants are entitled to qualified immunity.

Pablo F. Maldonado v. Unnamed

648 F. App'x 939 · Court of Appeals for the Eleventh Circuit · Apr 26, 2016

Finally, he contended the defendants were not entitled to qualified immunity, because he had shown they violated his clearly established constitutional rights. … He further asserts the judge erroneously applied a heightened standard of proof concerning the clearly established law prong of the qualified-immunity defense.

Willingham v. Loughnan

261 F.3d 1178 · Court of Appeals for the Eleventh Circuit · Aug 15, 2001

The Officer Defendants argue, most substantively, that they are entitled to qualified immunity because their acts violated no clearly established law at the pertinent time. … established preexisting law for qualified immunity purposes.

Mallak v. City of Baxter

823 F.3d 441 · Court of Appeals for the Eighth Circuit · May 19, 2016

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.” Harlow v. … A defendant denied summary judgment based on qualified immunity may appeal the “purely legal issue” of “whether the facts alleged ... support a claim of violation of clearly established law.”

Sherwood v. Mulvihill

Court of Appeals for the Third Circuit · May 15, 1997

As government officials engaged in discretionary functions, Defendants are qualifiedly immune from suits brought against them for damages under section 1983 "insofar as their conduct does not violate clearly established statutory … Where a defendant asserts a qualified immunity defense in a motion for summary judgment, the 5 plaintiff bears the initial burden of showing that the defendant's conduct violated some clearly established

Opinion No.

Arkansas Attorney General Reports · Aug 2, 2002

The test for the applicability of qualified immunity turns upon the "objective legal reasonableness of the action," assessed in light of legal rules that were "clearly established" at the time the action was taken. … The immunity is" qualified" because it does not obtain where the activity is in violation of clearly established law that a reasonable person would have known. Id. ; Robinson v.

Osborne v. Vincent

District 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.”)

Edward S., Administrator of the Estates of T.S. and A.K., Edward S. and Rachel K., Individually and as Next Friends of J.K. v. Raleigh County Housing Authority

West Virginia Supreme Court · Jun 8, 2023

So, RCHA argued, it was immune from Edward S.’s negligence claims because he had not established that any alleged failing in its inspection process violated clearly established statutory or constitutional rights or laws of … to violations of clearly established rights or laws.

Dana West v. Susan Murphy

771 F.3d 209 · Court of Appeals for the Fourth Circuit · Nov 14, 2014

Determining whether qualified immunity applies involves a two-prong inquiry: “whether the facts ... make out a violation of a constitutional right” and “whether the right at issue was ‘clearly established’ at the time of … This temporal element inheres in qualified immunity because the inquiry into “clearly established law” is tethered to the need for notice.

Barker v. Goodrich

649 F.3d 428 · Court of Appeals for the Sixth Circuit · Aug 10, 2011

On January 10, 2010, the magistrate judge granted summary judgment to all Defendants on the basis of qualified immunity, finding that the evidence established a constitutional violation, but the right at issue was not clearly … Accordingly, the constitutional right was clearly established and we REVERSE the district court’s grant of qualified immunity to all Defendants. III.