Case law

Cortezz Dickerson v. William Bower

Court of Appeals of Kentucky · Feb 21, 2025

DISPOSITIVE ORDER FINDING QUALIFIED OFFICIAL IMMUNITY AND THE PROPER STANDARD OF REVIEW Appellees asserted in their answer to the complaint the affirmative defense of qualified official immunity … Appellees were entitled to qualified immunity from the torts Appellants alleged against them.

State ex rel. West Virginia Department of Health & Human Resources v. Kaufman

203 W. Va. 56 · West Virginia Supreme Court · Jul 10, 1998

from suit based upon (1) statutory immunity; (2) quasi-judicial immunity; (3) common-law doctrine of qualified immunity and no violation of a clearly established right; and (4) absence of duty based upon the public duty … ; (3) common-law doctrine of qualified immunity and no violation of a clearly established right; and (4) absence of duty based upon the public duty doctrine.

Shadmani v. Barnes

District Court, M.D. Florida · Oct 11, 2024

that they violated a clearly established constitutional right. … the qualified immunity privilege, even in the absence of case law.

McGuire v. County of Hawai'i. Concurring Opinion by Ginoza, J, filed 04/08/2025 [ada].

Hawaii Supreme Court · Apr 8, 2025

Rafe Foreman, Qualified Immunity: A Legal Fiction That Has Outlived Utility, 48 Ohio N.U. L. Rev. 503, 519 (2022). The good faith test evolved to a clearly-established-law test. Harlow v. … Qualified immunity whitewashes civil rights deprivations by excusing bad-acting officials from liability so long as their conduct does not offend a clearly established right.

Von Stein v. Brescher

696 F. Supp. 606 · District Court, S.D. Florida · Oct 5, 1988

, their conduct violated “clearly established law.” … Scherer, 468 U.S. 183, 194-95 , 104 S.Ct. 3012, 3019-20 , 82 L.Ed.2d 139 (1984), any claim to qualified immunity would not be lost merely for the violation of the clearly established law embodied in that statute.

Charles Austin v. Redford Township Police Depart

690 F.3d 490 · Court of Appeals for the Sixth Circuit · Aug 8, 2012

Qualified Immunity on Austin’s Excessive Force Claims “Qualified immunity protects government officials performing discretionary functions unless their conduct violates a clearly established statutory or constitutional … Page 7 force against a subdued suspect was clearly established.

Pethtel v. West Virginia State Police

568 F. Supp. 2d 658 · District Court, N.D. West Virginia · Jul 29, 2008

Qualified immunity is abrogated only upon a showing that the officer’s conduct violated a constitutional right and that such right was clearly established at the time the conduct occurred. Id. … Furthermore, even if the plaintiff had established a constitutional injury, the supervisors are entitled to qualified immunity because, as discussed above, such injury was not clearly established at the time. E.

Fenstermaker v. City of Dayton, Ohio

712 F. Supp. 639 · District Court, S.D. Ohio · Aug 17, 1988

, but also [in order to find a claim of qualified immunity to be well taken] that it was not clearly established that the circumstances under which the official or officer was confronted at the time of the challenged action … Qualified immunity protects the individual police officers from liability under federal law for their official actions, if said actions do not violate clearly established legal, statutory or constitutional rights.

Lynette Christmas v. Harris County, Georgia

51 F.4th 1348 · Court of Appeals for the Eleventh Circuit · Oct 28, 2022

DISCUSSION “Qualified immunity offers complete protection for govern- ment officials sued in their individual capacities if their conduct ‘does not violate clearly established statutory or constitutional rights of … If, however, the official vio- lated the law[,] but his conduct was not clearly established as un- lawful, the court must grant him qualified immunity.

Henderson v. Harris County

51 F.4th 125 · Court of Appeals for the Fifth Circuit · Oct 12, 2022

But unpublished opinions “do not establish any binding law for the circuit,” so “they cannot be the source of clearly established law for the qualified immunity analysis.” Marks v. … This court denied the officer qualified immunity.

Johnson v. Harris

District Court, W.D. Oklahoma · Aug 7, 2024

“When a defendant raises a qualified immunity defense, the court must dismiss the action unless the plaintiff shows that (1) the defendant violated a statutory or constitutional right, and (2) the right was clearly established … support for the notion that the law is clearly established.”).6 Accordingly, Ms. Johnson’s Fourth Amendment claim against Ms. Shelton-Denley is barred by qualified immunity.7 B.

Pray v. City of Sandusky

49 F.3d 1154 · Court of Appeals for the Sixth Circuit · Mar 21, 1995

In other words, qualified immunity is appropriate either on the basis that the right allegedly violated was not at the time “clearly established,” or if “clearly established,” was one that a “reasonable” person in the defendant … Thus, when a defendant moves for summary • judgment based on qualified immunity, the plaintiff must: 1) identify a clearly established right alleged to have been violated; and 2) establish that a reasonable officer in the

Self v. City of Mansfield

369 F. Supp. 3d 684 · District Court, N.D. Texas · Mar 26, 2019

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 … a clearly established constitutional right.

Adair v. Hunter

236 F. Supp. 3d 1034 · District Court, E.D. Tennessee · Feb 16, 2017

Under the doctrine of. qualified immunity, “government . officials performing discretionary functions generally are shielded from liability from civil damages insofar as their conduct does not violate clearly established … In the alternative, Defendants argue that they are entitled to qualified immunity because there was no clearly established law regarding the illegality of the alleged conduct under the THRA. (Doc. 30 at 2-6).

Morales v. Chadbourne

235 F. Supp. 3d 388 · District Court, D. Rhode Island · Jan 24, 2017

clearly established at the time of the event. … Where Director Chadbourne’s qualified immunity defense fails is.in.proving the “clearly established” prong. The evidence shows that it was clearly established in 2009 that Ms.

Callahan v. Millard County

494 F.3d 891 · Court of Appeals for the Tenth Circuit · Jul 16, 2007

The district court held that the individual officers were entitled to qualified immunity because Mr. Callahan did not establish that the officers violated a clearly established right. … Callahan’s rights were clearly established Having established that Mr. Callahan’s rights were violated, we now turn to whether these rights were clearly established.

Powers v. CSX Transportation, Inc.

105 F. Supp. 2d 1295 · District Court, S.D. Alabama · Jul 5, 2000

The firsU — to honor the policies undergird-ing qualified immunity by disposing of cases quickly on legal grounds — is equally applicable to the “clearly established” inquiry. … “In this circuit, the law can be 'clearly established’ for qualified immunity purposes only by decisions of the U.S.

Rowe v. Schreiber

139 F.3d 1381 · Court of Appeals for the Eleventh Circuit · Apr 29, 1998

"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 a concrete and factually defined context to make it obvious to all reasonable … In this case, for qualified immunity not to apply, the right which must be clearly established is some right to have the resources of the public defender's office administratively allocated in a specific manner or the right

Uduko v. Cozzens

975 F. Supp. 2d 750 · District Court, E.D. Michigan · Sep 27, 2013

Plaintiff goes on to argue that defendants are not entitled to qualified immunity because plaintiff pled that his rights that were violated were clearly established at the time of defendants’ conduct. … Of course, those rights are clearly established. However, if courts define rights at such a broad level, qualified immunity will virtually cease to exist. Therefore, in Anderson v.

Whitcomb v. Jefferson County Department of Social Services

685 F. Supp. 745 · District Court, D. Colorado · Sep 8, 1987

When the affirmative defense of qualified immunity is properly raised, the plaintiff has the burden of convincing the court that his asserted federal constitutional or statutory rights were clearly established at the time … Defendants here have asserted the defense of qualified immunity. Therefore, I must determine whether the federal rights here asserted by the plaintiffs were clearly established at the time the defendants acted.