Case law

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.

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).

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

Mueller v. Auker

576 F.3d 979 · Court of Appeals for the Ninth Circuit · Aug 10, 2009

by the Court of Appeals — that Mitchell’s actions violated clearly established law....” … The legal issues involved in that appeal-whether Aguilar violated clearly established constitutional protections— are identical to those governing the question of Aguilar’s qualified immunity.

Elder v. Holloway

975 F.2d 1388 · Court of Appeals for the Ninth Circuit · Dec 19, 1991

In opposition to the officers’ motion for summary judgment on qualified immunity, Elder proffered three out-of-state cases to show that the law was clearly established that a warrant was required to make a “constructive entry … On the issue of qualified immunity, Elder argued in the district court that the law was clearly established that an Idaho warrant was required to make a “constructive *1391 entry” over the threshold.

Jimenez v. City of Sacramento

District Court, E.D. California · May 8, 2025

The Officers Are Not Entitled to Qualified Immunity. 5 Defendants also argue that they are entitled to qualified immunity. … “For purposes of qualified 22 immunity's clearly established prong, there does not have to be a case directly on 23 point.” D'Braunstein v. Cal.

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.

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.

Keys Youth Services, Inc. v. City of Olathe, Kan.

38 F. Supp. 2d 914 · District Court, D. Kansas · Feb 23, 1999

“If the district court denies the defendant qualified immunity, the court should identify on the record the defendant’s conduct that violated clearly established law.” Mick v. … Even if so, the law on this point is not clearly established and thus defendants are entitled to qualified immunity on any such claim. B.

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.

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.

Amato v. City of Richmond

875 F. Supp. 1124 · District Court, E.D. Virginia · Dec 15, 1994

Qualified immunity is also appropriate because it is not clearly established how the law would apply to Hosiek’s conduct. He spoke with the Chief Magistrate after another magistrate had denied Acola a warrant. … Hosick’s decisions in this grey area are protected by the qualified immunity doctrine. Amato has cited no authority explaining what clearly established law this conduct violated.

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

Musso v. Hourigan

836 F.2d 736 · Court of Appeals for the Second Circuit · Jan 5, 1988

In reaching this result, the Court noted that the doctrine of qualified immunity rests on the belief that "where an official's duties legitimately require action in which clearly established rights are not implicated, the … Qualified Immunity 16 Under the doctrine of qualified immunity, a government official performing discretionary functions is protected from personal liability to the extent that his "conduct does not violate clearly established

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.

Atherton v. District of Columbia Office of the Mayor

813 F. Supp. 2d 78 · District Court, District of Columbia · Sep 26, 2011

"If no constitutional right would have been violated were the allegations established, there is no necessity for further inquiries concerning qualified immunity." Id. … Marshal protected by qualified immunity where “the law in 2002 did not clearly establish that strip searching all male arrestees prior to placement in holding cells at the Superior Court violated the Fourth Amendment.”)

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

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

Acoff v. Abston

762 F.2d 1543 · Court of Appeals for the Eleventh Circuit · Jun 12, 1985

Abston invokes a qualified immunity from suit due to his “good faith” reliance on a City policy that was not clearly unconstitutional at the time of the shooting; the judgment in favor of all defendants could stand if this … The retroactive effect of Garner does not necessarily resolve the related issue of Officer Abston’s 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).