Case law

Pinder v. Skero

375 F. Supp. 3d 725 · District Court, S.D. Texas · Mar 21, 2019

"The doctrine of qualified immunity protects government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … The Fifth Circuit has explained the "clearly established" prong as follows: Qualified immunity should not be denied unless the law is clear in the more particularized sense that reasonable officials should be "on notice that

Odhuno v. Reed's Cove Health & Rehab., LLC

355 F. Supp. 3d 1026 · District Court, D. Kansas · Dec 14, 2018

Thus, Mallen does not support a clearly established constitutional right that defeats Rose and Sunderraj's claims of qualified immunity. … The Court next examines the second prong of qualified immunity-whether the law was clearly established.

Myers v. City of Hartford

84 Conn. App. 395 · Connecticut Appellate Court · Aug 10, 2004

for qualified governmental immunity, *398 rather than under § 52-557n (a) (2), on which the court relied in directing a verdict for the defendants. … Section 7-465 clearly states that governmental immunity will *401 not be allowed as a defense in an indemnification claim, except that the municipality will not be hable for the wilful and wanton acts of its employees.

Wilkins v. Palomino

District Court, D. Colorado · Dec 21, 2021

district court to rebut qualified immunity.”); Rojas v. … Absent this clearly established law, Defendant is entitled to qualified immunity. C.

Estate of Williams v. Indiana State Police Department

797 F.3d 468 · Court of Appeals for the Seventh Circuit · Aug 13, 2015

‘clearly established.’” … “Qualified immunity is no immunity at all if ‘clearly established’ law can simply be defined as a right to be free from unreasonable searches and seizures.” Id. at 1776.

Raymond Barton v. Sheldon Neeley

114 F.4th 581 · Court of Appeals for the Sixth Circuit · Aug 27, 2024

If the public-official defendant did not violate a constitutional right, or if he did but the right was not clearly established at the time of the violation, then the defendant is entitled to qualified immunity. … Therefore, the court denied qualified immunity because it was “clearly established that the First Amendment protect[s] a citizen’s decision both as to what to say and  No. 23-2089 Barton v.

Rodriguez v. Passinault

637 F.3d 675 · Court of Appeals for the Sixth Circuit · Mar 25, 2011

Garner[, 471 U.S. 1 (1985),] provides a ‘clearly established’ right that fulfills the second prong of the qualified immunity analysis.” Id. at 347. … Thus, Pierce is entitled to qualified immunity.” Id. at 878.

Intervarsity Christian Fellows v. University of Iowa

5 F.4th 855 · Court of Appeals for the Eighth Circuit · Jul 16, 2021

immunity because the law was not clearly established. … As for qualified immunity, the court denied the individual defendants qualified immunity on the free speech and association claims, finding that the law was clearly established that the University could not discriminate based

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.

Kipp v. Saetre

454 N.W.2d 639 · Court of Appeals of Minnesota · May 1, 1990

THE IMMUNITY OP APPELLANT COUNTY PROSECUTOR The absolute immunity of prosecutors was established by the United States Supreme Court in Imbler v. … of his qualified immunity.

Zwalesky v. Manistee County

749 F. Supp. 815 · District Court, W.D. Michigan · Aug 16, 1990

QUALIFIED IMMUNITY All of the individual defendants that had contact with the decedent on the day of his death assert that they are immune from suit in the present action due to the doctrine of qualified immunity. … Although qualified immunity is somewhat akin to an affirmative defense, the defendant does not bear the burden of establishing that his alleged conduct did not violate clearly established law. Dominque v.

Hlubek v. Pelecky

701 N.W.2d 93 · Supreme Court of Iowa · Jul 22, 2005

We quoted a Supreme Court case regarding qualified immunity and the philosophy underlying it: “[T]he qualified immunity defense ‘shield[s] [government agents] 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 known....’

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.

Gary Mason v. Ricky Stallings, C.L. St. Clair, Jr., Charles Burkhalter, Harold Woodall, Phillip Jordan, All Individually

82 F.3d 1007 · Court of Appeals for the Eleventh Circuit · May 9, 1996

Judicially created qualified immunity enables a public official to avoid suit on an alleged constitutional or federal law violation where the law governing the claimed right was not clearly established at the time of the … The relevant question on a motion for summary judgment based on a defense of qualified immunity is whether a reasonable official could have believed his or her actions were lawful in light of clearly established law and the

White v. Taylor

677 F. Supp. 882 · District Court, S.D. Mississippi · Jan 13, 1988

ground of qualified immunity. … qualified immunity.

Smith v. Peyman

93 F. Supp. 3d 738 · District Court, E.D. Kentucky · Mar 18, 2015

clearly established constitutional law. … The second prong of the qualified-immunity analysis asks whether the right in question was “clearly established” at the time of the violation. Hope v. Pelzer, 536 U.S. 730, 739 , 122 S.Ct. 2508 , 153 L.Ed.2d 666 (2002).

DONALD M v. Matava

668 F. Supp. 703 · District Court, D. Massachusetts · Jan 30, 1987

QUALIFIED AND ABSOLUTE IMMUNITY 1. … to qualified immunity.

Neil Morgan v. Fairfield Cty., Ohio

903 F.3d 553 · Court of Appeals for the Sixth Circuit · Sep 6, 2018

The district court was correct to conclude that the law was not clearly established, so that the claims against the individual officers failed on qualified immunity grounds. … Specifically, the court held, qualified immunity was appropriate because even if intruding onto the curtilage violated the Fourth Amendment, it was not clearly established that such an action was a violation at the time of

Altovese Williams v. City of Burlington, Iowa

27 F.4th 1346 · Court of Appeals for the Eighth Circuit · Mar 9, 2022

Chiprez appeals the denial of qualified immunity. This court affirms. … The doctrine of qualified immunity protects public officials from personal liability under 42 U.S.C. § 1983, “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable

Dr. Lana Foster v. Shannon King

Court of Appeals for the Eleventh Circuit · Mar 18, 2026

But the second question, whether the law is clearly established, presents a set of doctrinal challenges unique to qualified immunity. … Accordingly, we address only step two of the qualified immunity analysis: whether the alleged conduct violated clearly established law.