Case law

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.

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 .

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

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.”

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.

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.

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

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....’

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 .

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.

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.

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.

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

Venisee v. Miami-Dade County

District Court, S.D. Florida · May 28, 2025

To qualify as clearly established, a legal principle “must be established with obvious clarity by the case law so that every objectively reasonable government official facing the circumstances would know that the official … was clearly established well before the night of the shooting in 2012.”).

Anne Powers v. John T. Lightner, D/B/A Lightner Auto Sales, Third-Party v. Barry Jones and Bruce White, Third-Party

752 F.2d 1251 · Court of Appeals for the Third Circuit · Jan 16, 1985

Accordingly, the Court dropped the subjective component and announced that qualified immunity is to be judged by a simple objective standard: whether the acts of the official violated “clearly established statutory or constitutional … But when clearly established rights are involved, qualified immunity does not protect against trial: [W]e see no substantial basis for holding ... that executive officers generally may with impunity discharge their duties

White v. Taylor

677 F. Supp. 882 · District Court, S.D. Mississippi · Jan 13, 1988

ground of qualified immunity. … qualified immunity.

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.