Case law

Myers v. City of Hartford

84 Conn. App. 395 · Connecticut Appellate Court · Aug 10, 2004

for qualified governmental immunity, *398 rather than under § 52-557n (a) (2), on which the court relied in directing a verdict for the defendants. … Section 7-465 clearly states that governmental immunity will *401 not be allowed as a defense in an indemnification claim, except that the municipality will not be hable for the wilful and wanton acts of its employees.

Padilla v. Mason

169 S.W.3d 493 · Texas Court of Appeals, 8th District (El Paso) · Jul 28, 2005

of qualified immunity and official immunity. … Because there was no clearly established rule which would prohibit Mason from using the force that he did, he is entitled to qualified immunity.

Vincent v. Yelich Earley v. Annucci

718 F.3d 157 · Court of Appeals for the Second Circuit · Jun 4, 2013

For the reasons that follow, we 15 conclude that Earley I, an appeal from the denial of habeas corpus, did not rule that those rights were 16 clearly established by Wampler with respect to a defense of qualified immunity … That AEDPA question is 9 not the same as whether a federal right is clearly established for purposes of denying an official 10 qualified immunity: The conclusion that a "legal proposition was 'clearly established'

Macri v. Brower

District Court, N.D. Georgia · Sep 30, 2024

Finally, to overcome the defendant’s assertion of qualified immunity, the plaintiff must show that the (7) constitutional right he contends was violated was clearly established. … Mims misapprehends exactly what law must be clearly established for purposes of the qualified immunity analysis.

Lang v. City of Nacogdoches

942 S.W.2d 752 · Texas Court of Appeals, 12th District (Tyler) · Mar 27, 1997

In suits alleging illegal arrest, the qualified immunity determination turns on whether a reasonable officer could have believed the arrest to be lawful, in light of clearly established law and the information the officer … the legal rules that were “clearly established” at the time it was taken. *767 Anderson v.

Adams v. Lindsey

759 F. Supp. 795 · District Court, S.D. Florida · Feb 14, 1991

A Clearly Established Seizure: In Anderson, supra, the Court explained that the relevant legal rule under which the qualified immunity issue is judged must be fact specific. … ’ entitlement to qualified immunity.

Maldonado v. Marthenz

District Court, D. New Mexico · Jan 18, 2024

For federal habeas petitions brought under 28 U.S.C. § 2254(d), Strickland is clearly established federal law. … See Williams, 529 U.S. at 390 (“It is past question that the rule set forth in Strickland qualifies as ‘clearly established Federal law, as determined by the Supreme Court of the United States.’”).

Curtis Stewart v. Anne Precythe

91 F.4th 944 · Court of Appeals for the Eighth Circuit · Jan 30, 2024

As relevant here, the district court denied the motion for qualified immunity, concluding that “Stewart has sufficiently alleged that Precythe violated a constitutional right that was clearly established at the time of the … Finding no allegation of a constitutional violation in the complaint, we need not consider whether the right was clearly established to conclude that Precythe is entitled to qualified immunity. Kulkay v.

Charles Mitchell v. Josh Shearrer

729 F.3d 1070 · Court of Appeals for the Eighth Circuit · Sep 10, 2013

Qualified immunity shields government officials from liability in a § 1983 action unless the official’s conduct violates a clearly established constitutional or statutory right of which a reasonable person would have known … Our second inquiry in considering the denial of qualified immunity is whether the right violated was clearly established. Whether the facts alleged support such a claim is a legal question for the court to decide.

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

HARAPAT v. Vigil

676 F. Supp. 2d 1250 · District Court, D. New Mexico · Oct 13, 2009

Clearly Established Law. … Qualified immunity shields state officials from liability “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v.

Estate of Joseph Valverde v. Dodge

967 F.3d 1049 · Court of Appeals for the Tenth Circuit · Jul 30, 2020

On this issue we rely on the second prong of qualified immunity, the absence of clearly established law to support Plaintiff’s claim. … Prong Two - Clearly Established Law Whether the district court properly denied qualified immunity to Sergeant Dodge turns on whether the Estate has shown that his challenged conduct violated clearly established law

Coollick v. Hughes

699 F.3d 211 · Court of Appeals for the Second Circuit · Oct 24, 2012

-1- Plaintiff-Appellee’s clearly established rights. Defendant-Appellant is, therefore, entitled to qualified immunity. … We hold that Hughes’s conduct in this case, even when viewed in the light most favorable to Coollick, did not violate Coollick’s clearly established rights. Hughes is therefore entitled to qualified immunity.

Hlubek v. Pelecky

701 N.W.2d 93 · Supreme Court of Iowa · Jul 22, 2005

We quoted a Supreme Court case regarding qualified immunity and the philosophy underlying it: “[T]he qualified immunity defense ‘shield[s] [government agents] from liability for civil damages insofar as their conduct does … not violate clearly established statutory or constitutional rights of which a reasonable person would have known....’

Goodwin v. City of Fultondale

706 So. 2d 766 · Court of Civil Appeals of Alabama · Oct 17, 1997

immunity because their actions violated clearly established constitutional law. … Clearly, the above testimony, alone, is insufficient to establish that Officer Hamilton was *Page 770 acting pursuant to a well-established municipal policy or custom.

Florida Department of Environmental Protection v. Environmental Corp. of America

720 So. 2d 273 · District Court of Appeal of Florida · Oct 16, 1998

Qualified immunity shields government actors from personal liability when their conduct does not violate clearly established rights. See Vermette v. … In light of the Environmental Trust decision, we conclude that the individual defendants here are entitled to qualified immunity because their conduct did not violate clearly established law.

Maras v. City of Brainerd

502 N.W.2d 69 · Court of Appeals of Minnesota · Jun 22, 1993

Qualified Immunity Appellants claim that, even if the trustee’s claims are actionable under section 1983, Pfingsten is entitled to qualified immunity against those claims. … The threshold question is whether Peterson had a clearly established right which Pfingsten violated. We conclude that he did.

Zwalesky v. Manistee County

749 F. Supp. 815 · District Court, W.D. Michigan · Aug 16, 1990

QUALIFIED IMMUNITY All of the individual defendants that had contact with the decedent on the day of his death assert that they are immune from suit in the present action due to the doctrine of qualified immunity. … Although qualified immunity is somewhat akin to an affirmative defense, the defendant does not bear the burden of establishing that his alleged conduct did not violate clearly established law. Dominque v.

Devin Ledbetter v. B. Helmers

133 F.4th 788 · Court of Appeals for the Eighth Circuit · Apr 3, 2025

Government officials are entitled to qualified immunity “if their actions do not ‘violate clearly established statutory or constitutional rights of which a reasonable person would have known.’” Wilson v. … Franklin, 388 F.3d 578, 582 (8th Cir. 2004) (noting that “clearly established” prong of qualified immunity protects officials from liability from “bad guesses in gray areas” (citation omitted)).

Miller v. IDAHO STATE PATROL

150 Idaho 856 · Idaho Supreme Court · May 18, 2011

If a government official violates the claimant’s constitutional rights, qualified immunity “generally turns on the objective reasonableness of the action assessed in light of the legal rules that were clearly established … qualified-immunity inquiry instead.