Case law

Opinions from 1658 to today.

Filters1967

10,000+ results

1.50s

  • 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)

    Cited 0 timesUnknown
  • 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.

    Cited 129 timesPublished
  • 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.

    Cited 8 timesPublished
  • 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.

    Cited 16 timesPublished
  • 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

    Cited 4 timesPublished
  • 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

    Abrogated on other grounds by Kingsley v. Hendrickson, 135 S. Ct. 2466 (2015)Cited 150 timesPublished
  • 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.

    Cited 0 timesUnknown
  • 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

    Cited 3 timesPublished
  • 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.

    Cited 87 timesPublished
  • 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

    Cited 5 timesPublished
  • 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.

    Cited 3 timesPublished
  • 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

    Cited 15 timesPublished
  • 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.

    Cited 235 timesPublished
  • 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.

    Cited 13 timesPublished
  • 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.”

    Cited 97 timesPublished
  • 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 . .. .”

    Reversed in part, on other grounds by People of Michigan v. Robert Tuttle, 498 Mich. 192 (2015)Cited 7 timesPublished
  • 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.

    Cited 22 timesPublished
  • 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.

    Cited 199 timesPublished
  • 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.

    Cited 2 timesPublished
  • 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.

    Cited 160 timesPublished

Ask Donna

Ask Donna

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.