Case law
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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.
Cited 10 timesPublished133 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)).
Cited 2 timesPublished305 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 .
Cited 48 timesPublished150 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.
Cited 35 timesPublishedDistrict 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.”).
Cited 0 timesUnknown677 F. Supp. 882 · District Court, S.D. Mississippi · Jan 13, 1988
ground of qualified immunity. … qualified immunity.
Cited 2 timesPublished98 F.3d 447 · Court of Appeals for the Ninth Circuit · Oct 11, 1996
The Supreme Court has established a three-part test for Article III standing. … immunity.
Cited 0 timesPublishedEstate of Aaron Bruce Cadman v. Dennis, et al.
2018 DNH 018 · District Court, D. New Hampshire · Jan 29, 2018
Police officers “are entitled to qualified immunity under § 1983 unless (1) they violated a federal statutory or constitutional right, and (2) the unlawfulness of their conduct was ‘clearly established at the time.’” … (citation and internal quotation marks omitted). 5 The court focuses on the “clearly established” prong of the qualified immunity analysis because it is dispositive of the excessive force claim. See Pearson v.
Cited 0 timesPublished783 So. 2d 1164 · District Court of Appeal of Florida · Apr 18, 2001
In discussing the requirement that the law be clearly established, the court stated: For the law to be clearly established to the point that qualified immunity does not apply, the law must have earlier been developed in such … The complaint does not show a violation of a clearly established right by these defendants. Therefore, qualified immunity protects appellees.
Cited 1 timesPublished863 F.2d 124 · Court of Appeals for the First Circuit · Dec 9, 1988
A court must look to the “objective reasonableness of an official’s conduct, as measured by reference to clearly established law,” to determine whether the doctrine of qualified immunity applies. Id. … established law and are entitled to qualified immunity.
Abrogated by Johnson v. Jones, 515 U.S. 304 (1995)Cited 83 timesPublished864 F.3d 884 · Court of Appeals for the Eighth Circuit · Jul 25, 2017
“We analyze qualified immunity in two steps: (1) whether the facts that a plaintiff has alleged . . . make out a violation of a constitutional right; and (2) whether the right at issue was clearly established at the time … However, as the district court correctly noted, “‘Qualified immunity is no immunity at all if clearly established law’ can be defined at such a ‘high level of generality.’” See City & Cty. of S.F., Calif. v.
Cited 20 timesPublishedMarglli Gallego v. Ivette Perez
Court of Appeals for the Eleventh Circuit · Jun 11, 2024
DISCUSSION “Qualified immunity shields public officials from liability for civil damages when their conduct does not violate a constitutional right that was clearly established at the time … “[I]f a plaintiff cannot show that the law at issue was clearly established under the first . . . method, that usually means qualified immunity is appropriate.” King v.
Cited 0 timesUnpublished840 F. Supp. 489 · District Court, N.D. Ohio · Oct 6, 1993
The deputies are clearly entitled to qualified immunity.”); Jones v. City of Upper Arlington, 986 F.2d 1421 (6th Cir.1993); Walton v. City of Southfield, 995 F.2d 1331 (6th Cir.1993). … It also seems that once you have determined the need for the defense of [qualified immunity], ... as a matter of law ... the officer has acted unreasonably ... and has violated clearly established law. Yates v.
Cited 6 timesPublishedDerrick 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
Cited 0 timesPublishedMoody 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.
Cited 2 timesPublishedKapinski 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.”
Cited 49 timesPublished145 N.C. App. 70 · Court of Appeals of North Carolina · Jul 17, 2001
They may, however, defend by raising the defense of qualified immunity. Id. … Qualified immunity protects public officials from personal liability for performing official, discretionary functions if the conduct “does not violate clearly established statutory or constitutional rights of which a reasonable
Cited 31 timesPublishedDistrict Court, S.D. Alabama · Apr 22, 2021
Jordan’s constitutional rights in light of the clearly established law at that time”); Lee v. … White, 703 F.3d 147, 152 (5th Cir. 1983)(finding the officer was entitled to qualified immunity because he was following an order of his supervisor in arresting the plaintiff and there
Cited 0 timesUnknown47 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.
Cited 72 timesPublished55 F.4th 167 · Court of Appeals for the Third Circuit · Nov 28, 2022
immunity grounds, finding Clark failed to allege the violation of a clearly established right. … Qualified Immunity “The doctrine of qualified immunity shields officials from civil liability so long as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable
Cited 218 timesPublished
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