Case law

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.

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.

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.

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

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.

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.

Johnson v. Adams

District Court, E.D. Michigan · Dec 28, 2021

Plaintiff argues that Defendants are not entitled to qualified immunity. Plaintiff first asserts that his federal malicious prosecution and Brady violation claims were clearly established in 1999. … To overcome a qualified immunity defense, a plaintiff must show that the official violated a constitutional right that was “clearly established at the time” of the official’s conduct. District of Columbia v.

People of Michigan v. Robert Elijah Anthony

Michigan Court of Appeals · Jan 22, 2019

“A finding of fact is clearly erroneous if, after a review of the entire record, we are left with a definite and firm conviction that a mistake has been made.” … Defendant maintains that the more recent passage of the MMMA calls into question the Michigan Supreme Court’s prior holding in Kazmierczak, which allows the smell of marijuana alone to establish probable cause.

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.”)

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.

Porter v. MASSARELLI

303 Ga. App. 91 · Court of Appeals of Georgia · Mar 24, 2010

(a) Qualified immunity protects government officials performing discretionary functions from individual claims if their conduct “does not violate clearly established statutory or constitutional rights of which a reasonable … clearly established law.

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

Phillips v. Roane County, Tenn.

534 F.3d 531 · Court of Appeals for the Sixth Circuit · Jul 25, 2008

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 … Was the Law Clearly Established?

Kirk Wayne McBride, Sr. v. Texas Department of Criminal Justice - Correctional Institutions Division

Texas Court of Appeals, 13th District · Aug 28, 2008

Government officials performing discretionary functions have qualified immunity from a suit for damages so long as the official's conduct does not violate clearly established constitutional or statutory rights of which a … Qualified immunity shields an officer if a reasonable officer could have believed the action to be lawful in light of clearly established law and the information the officer possessed. Hunter v .

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.

Parsons v. Wright

649 A.2d 1108 · Supreme Judicial Court of Maine · Nov 10, 1994

Whether the Wrights are entitled to a qualified immunity is a question of law for the court. … The application of the qualified immunity doctrine turns on the “objective legal reasonableness” of the official’s action viewed in light of the “clearly established” legal rules at the time the action was taken.

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.

Campbell v. Burt

949 F. Supp. 1461 · District Court, D. Hawaii · Jun 14, 1996

Qualified Immunity For Defendant’s Failure to File a Timely Petition 19. An official is entitled to qualified immunity if the right which he allegedly violated is not “clearly established.” Anderson v. … established for purposes of qualified immunity.

Bergeron v. Cabral

560 F.3d 1 · Court of Appeals for the First Circuit · Mar 9, 2009

The Qualified Immunity Inquiry. A district court's ruling granting or denying a summary judgment motion premised on qualified immunity engenders de novo review. … The third prong of the qualified immunity inquiry is qualitatively different from the first two prongs.

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.