Case law

Spann v. Indiana State of

District Court, N.D. Indiana · Sep 20, 2022

Defendants argue that they are entitled to qualified immunity “because they did not violate any right that was clearly established in July of 2020.” (ECF 83 at 1.) … “Whether an official is entitled to qualified immunity on a motion for summary judgment turns on whether the plaintiff has both (1) alleged that the official committed acts violating a clearly established right and (2)

Mildred Robinson v. Daniel Arrugueta

415 F.3d 1252 · Court of Appeals for the Eleventh Circuit · Jul 7, 2005

The court found, however, that under the second step the right violated was not clearly established and thus Arrugueta was entitled to qualified immunity. … established, and thus, Arrugueta is entitled to qualified immunity under this step as well.

Chapman v. Wyoming Department of Corrections

366 P.3d 499 · Wyoming Supreme Court · Jan 15, 2016

Qualified immunity is applicable unless the official's conduct violated a clearly established constitutional right. Id., 555 U.S. at 232 , 129 S.Ct. at 815-16 . … [T23] Again, using the analysis for qualified immunity above, Chapman fails to *511 show there is clearly established law that would put Cpl.

Ahmad v. Department of Correction

446 Mass. 479 · Massachusetts Supreme Judicial Court · Apr 7, 2006

In January, 2003, the defendants moved for summary judgment on qualified immunity grounds. The motion was denied without prejudice to permit sufficient discovery regarding the applicability of qualified immunity. … Consequently, the defendants are entitled to the protections of qualified immunity. Conclusion.

Shemwell v. Cannon

352 F. Supp. 3d 690 · District Court, N.D. Texas · Jan 15, 2019

Qualified Immunity Qualified immunity insulates a government official from civil damages liability when the official's actions do not "violate clearly established statutory or constitutional rights of which a reasonable person … In analyzing whether an individual defendant is entitled to qualified immunity, the court considers whether plaintiff has alleged any violation of a clearly established right, and, if so, whether the individual defendant's

Atteberry v. Nocona General Hospital

430 F.3d 245 · Court of Appeals for the Fifth Circuit · Nov 3, 2005

clearly established law.” … Objectively Unreasonable “To be ‘clearly established’ for purposes of qualified immunity, ‘[t]he contours of the right must be sufficiently clear that a reasonable official would understand that what he is doing violates

Folks v. Sainato

District Court, E.D. Louisiana · Jul 11, 2025

Aug. 29, 2024) (per curiam) (applying the any-crime rule post-Chiaverini to evaluate an officer’s pre-Chiaverini actions “[b]ecause the qualified immunity analysis focuses on whether the law was clearly established at … Qualified immunity “shields officials from civil liability so long as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Mullenix v.

City of McGregor v. Janett

480 N.W.2d 576 · Court of Appeals of Iowa · Nov 26, 1991

Finally, they asserted that they were entitled to qualified immunity. … The test for qualified immunity at the summary judgment stage of a proceeding is an objective one: “to be clearly established, ‘[t]he contours of the right must be sufficiently clear that a reasonable official would understand

Donald Gagne, Etc. v. City of Galveston, and Mike Putnal

805 F.2d 558 · Court of Appeals for the Fifth Circuit · Dec 9, 1986

qualified immunity from damages for his death. … But until then, the defense of qualified immunity remains available.

Vincent v. Yelich

812 F. Supp. 2d 276 · District Court, W.D. New York · Aug 29, 2011

The defense of qualified immunity shields public officials from an action for civil damages, to the extent that their challenged acts do not violate “clearly established statutory or constitutional rights of which a reasonable … Because the defendants’ actions did not violate any constitutional right that was clearly established at the time of the alleged violations, they are entitled to qualified immunity. *282 CONCLUSION For the foregoing reasons

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.

Pacherille v. Burns

30 F. Supp. 3d 159 · District Court, N.D. New York · Jul 3, 2014

Qualified Immunity Qualified immunity > generally protects governmental officials from civil liability “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … However, even if the constitutional privileges “are so clearly defined that a reasonable public official would know that his actions might violate those rights, qualified ... immunity might still be available ... if it was

Oberist Lee Saunders v. George C. Duke

766 F.3d 1262 · Court of Appeals for the Eleventh Circuit · Sep 8, 2014

Under this doctrine, “courts may not award damages against a government official in his personal capacity unless the official violated a statutory or constitutional right, and the right was ‘clearly established’ at the … Saunders] to show that qualified immunity is not appropriate.” Lee, 284 F.3d at 1194. With these principles in mind, we turn to the qualified immunity analysis.

Konop v. Northwestern School District

26 F. Supp. 2d 1189 · District Court, D. South Dakota · Nov 10, 1998

Qualified immunity protects state actors from civil liability when ‘their conduct does not violate clearly established statutory or constitutional rights of which a reasonable *1196 person would have known.’ … qualified immunity.

Venegas v. County of Los Angeles

63 Cal. Rptr. 3d 741 · California Court of Appeal · Jul 31, 2007

Today qualified immunity shields a public officer from an action for damages under 42 United States Code section 1983 *1242 unless the officer has violated a “clearly established” constitutional right. 24 By “clearly established … established’ at the time.”

People v. Tuttle

304 Mich. App. 72 · Michigan Court of Appeals · Jan 30, 2014

To be entitled to immunity, a qualifying patient cannot possess more than 2.5 ounces of usable marijuana and 12 marijuana plants. MCL 333.26424(a). … Section 4(f), which provides a qualified immunity for physicians, mandates that the immunity only applies to physicians that prescribe marijuana “in the course of a bona fide physician-patient relationship . .. .”

Garmon v. Lumpkin County

878 F.2d 1406 · Court of Appeals for the Eleventh Circuit · Aug 4, 1989

The district court granted defendants' motion for directed verdict based upon the doctrine of qualified immunity. For the reasons stated below, we reverse. 2 On January 22, 1986, Mrs. … Garmon's warrant was issued without probable cause he nevertheless is shielded from liability for damages under the rule of qualified immunity.

Smith v. Lomax

45 F.3d 402 · Court of Appeals for the Eleventh Circuit · Feb 22, 1995

Then we ask, on the issue of qualified immunity, whether precedent clearly established that such conduct violated the Equal Protection Clause. … her of a clearly established property right.

Hall v. Conklin

966 F. Supp. 546 · District Court, W.D. Michigan · Apr 1, 1996

In assessing qualified immunity, a defendant’s action is analyzed “in light of the legal rules that were ‘clearly established’ at the time it was taken.” Anderson v. … And if a plaintiff fails altogether to state a claim of violation of clearly established law, defendants are entitled to dismissal on grounds of qualified immunity. Cameron v.

David B. Klein v. Paul Long, Blackman Township Police Officer Phillip Rogers, Blackman Township Police Sergeant

275 F.3d 544 · Court of Appeals for the Sixth Circuit · Dec 21, 2001

Qualified Immunity In civil suits for money damages, government officials acting in their official capacity are entitled to qualified immunity for discretionary acts that do not violate clearly established statutory or constitutional … We need not reach, then, the second part of the qualified immunity analysis delineated in Saucier — whether the constitutional right violated was clearly established.