Case law

Leydens v. City of Des Moines

484 N.W.2d 594 · Supreme Court of Iowa · May 13, 1992

The Qualified Immunity Issue. … The defendants argue that under a qualified immunity claim only an “arguable” case of probable cause need be established.

Hurst v. Sikes

District Court, W.D. Arkansas · Mar 24, 2022

Defendants then contend they are entitled to qualified immunity on each of the claims. … Similarly, Deputy Sikes is not entitled to qualified immunity. Pace v.

BD. OF COM'RS OF EFFINGHAM CTY. v. Farmer

228 Ga. App. 819 · Court of Appeals of Georgia · Oct 15, 1997

Public officials are entitled to qualified immunity 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 … The test for determining whether a defendant is protected from suit by reason of qualified immunity is the objective reasonableness of the defendant’s conduct as measured by reference to clearly established law; in this regard

Payne v. Nebraska Dept. of Corr. Servs.

Nebraska Court of Appeals · May 3, 2016

Qualified immunity protects government officials from liability for civil dam- ages insofar as their conduct does not violate clearly established … Qualified immunity consists of two inquiries: (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 of the

Heyward v. Christmas

352 S.C. 298 · Court of Appeals of South Carolina · Nov 4, 2002

Government officials “performing discre *309 tionary functions generally are granted a qualified immunity and are ‘shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory … to qualified immunity, the circuit court erred in granting Christmas a directed verdict based on qualified immunity.

Braithwaite v. Tropea

District Court, E.D. New York · Jun 27, 2023

To determine whether qualified immunity applies, courts consider “whether the facts shown make out a violation of a constitutional right and whether the right at issue was clearly established … The United State Supreme Court has long extended qualified immunity to court reporters, such as Conner, where their conduct does not violate clearly established statutory or constitutional

Benjamin v. Washington State Bar Ass'n

138 Wash. 2d 506 · Washington Supreme Court · Jul 22, 1999

Benjamin’s termination the law was not clearly established that the termination constituted state action, nor was the law clearly established that Dr. … Consequently, we need not address the second step in qualified immunity analysis—determining whether *528 the constitutional right allegedly violated was clearly established at the time the dispute arose.

Shah v. University of Texas Southwestern Medical School

54 F. Supp. 3d 681 · District Court, N.D. Texas · Oct 20, 2014

Shah violated a clearly established right. … Shah violated one or more of Shah’s clearly established constitutional rights when he wrote to the SPC, Dr. Shah is entitled to qualified immunity. E The court now considers whether Dr.

Bedinghaus v. Modern Graphic Arts

15 F.3d 1027 · Court of Appeals for the Eleventh Circuit · Mar 9, 1994

Clearly, “the company” refers to the Times and its affiliates, not to some entity that happens to purchase the assets of one of the affiliates. We see no ambiguity in the crucial terms. … As the First Circuit said in Bellino: Federal courts have established no hard and fast rule that an individual must suffer a period of unemployment to qualify for severance benefits under ERISA.

Farry v. City of Pawtucket

725 F. Supp. 2d 286 · District Court, D. Rhode Island · Apr 13, 2010

Where the law is not sufficiently clear to provide such warning to an officer that he or she is violating plaintiffs rights, qualified immunity is appropriate; however, if the law is clearly established, the Court then considers … Mattox, 127 F.3d 1416 (11th Cir.1997) to hold that for purposes of qualified immunity analysis, the law was clearly established “that it was unconstitutional for police offi *302 cers to increase their use of physical force

Reuben Garcia v. City of New Hope

984 F.3d 655 · Court of Appeals for the Eighth Circuit · Jan 5, 2021

Thus, the officers are entitled to qualified immunity “unless: (1) [they] violated a constitutional right, and (2) that constitutional right was clearly established so that a reasonable officer would know of the right at … Because I conclude that Garcia has not shown a violation of a clearly established constitutional right, I would affirm the district court’s grant of qualified immunity on this claim.

Bass v. Coughlin

800 F. Supp. 1066 · District Court, N.D. New York · Dec 11, 1991

“Once qualified immunity is pleaded, plaintiff’s complaint will be dismissed unless defendant’s alleged conduct, when committed, violated ‘clearly established statutory or constitutional rights of which a reasonable person … While the right to a kosher diet was “clearly established” during the time in question, the magistrate judge correctly concluded that summary judgment was not proper on the qualified immunity question.

Smith v. Cochran

339 F.3d 1205 · Court of Appeals for the Tenth Circuit · Aug 12, 2003

In addition, the court denied summary judgment on Cochran’s claim of qualified immunity because it found that the constitutional violation Smith alleged was clearly established at the time of the claimed violation. … Because Cochran argues that he is entitled to qualified immunity under the plaintiff’s version of the facts, focusing on the legal issue whether the constitutional right he allegedly violated was clearly established, we

Del A. v. Edwin Edwards, Individually and as Governor of the State of Louisiana

855 F.2d 1148 · Court of Appeals for the Fifth Circuit · Sep 28, 1988

The district court denied the motion, holding that because the alleged illegal actions violated clearly established statutory and federal constitutional rights, qualified immunity was not available. … Id. *1151 Thus, the concept of “clearly established” had to be defined narrowly to serve the goals of qualified immunity.

David N. OSOLINSKI, Plaintiff-Appellee, v. Lt. KANE, Et Al., Defendants-Appellants

92 F.3d 934 · Court of Appeals for the Ninth Circuit · Aug 12, 1996

immunity, typically, the issue whether the federal right allegedly infringed was ‘clearly established’.” … “Defendants are entitled to qualified immunity only ‘insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’ ” Allen v.

Dillard v. City of Springdale, Arkansas

930 F.3d 935 · Court of Appeals for the Eighth Circuit · Jul 12, 2019

“An individual defendant is entitled to qualified immunity if his conduct does not violate clearly established constitutional rights of which a reasonable person would have known.” Estate of Walker v. … Absent either a clearly established right or a constitutional violation, qualified immunity applies. See Estate of Walker, 881 F.3d at 1060. We apply the same standard to claims under the Arkansas Constitution.

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.

Ludt v. Youngstown

2016 Ohio 8553 · Ohio Court of Appeals · Dec 29, 2016

City of Olmsted Falls, 395 F.3d 291, 302 (6th Cir.2005). {¶13} Once qualified immunity is raised, it is the plaintiff's burden of proof to establish that the defendants are not entitled to qualified immunity. … Thus, we need not consider whether Williams is protected by qualified immunity.

Jaeger v. Dubuque County

880 F. Supp. 640 · District Court, N.D. Iowa · Mar 18, 1995

The standard for qualified immunity is that “government officials performing discretionary functions, generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory … Delo, 999 F.2d 364, 366 (8th Cir.1993) (first step in qualified immunity analysis was determination of whether conduct violated any clearly established right).

Finlan v. Dallas Independent School District

90 S.W.3d 395 · Texas Court of Appeals, 11th District (Eastland) · Nov 27, 2002

The defense of qualified immunity shields governmental officials from liability under Section 1983 for civil damages if “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … It did not address the first inquiry in the qualified immunity analysis; that is, it did not address the question of law whether the law was clearly established in 1992 that the filing of a civil suit, alleged to be malicious