Case law

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.

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

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.

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.

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.

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

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.

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.

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.”).

Carswell v. Camp

54 F.4th 307 · Court of Appeals for the Fifth Circuit · Nov 30, 2022

But Carswell says this was “the opposite of a refusal or failure to rule” because the “district court clearly indicated it would timely address Individual Defendants’ qualified immunity defense.” … No. 21-10171 established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery.”

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.

Golodner v. Berliner

770 F.3d 196 · Court of Appeals for the Second Circuit · Oct 27, 2014

the clearly established law.” … Few issues related to qualified immunity have caused more ink to be spilled than whether a particular right has been clearly established, mainly because courts must calibrate, on a case- by-case basis, how generally or

Sean G. Duffy v. Chase Riveland, Secretary of Washington State Department of Corrections, James Spalding, Director, Kenneth Ducharme, Superintendent, John Ahlsted, Corrections Sergeant, Peggy Williams, Clerk/typist, Jerry Sorenson, Corrections Officer, Frances Linder, Corrections Officer, Sean G. Duffy v. Craig Yost, Classification Counselor, William Woodly, Corrections Unit Supervisor, David Karton, Corrections Sergeant, Linda Willenberg, Corrections Program Manager, Kenneth Ducharme, Superintendent

98 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.

Unwin v. Campbell

863 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.

Swope v. Krischer

783 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.