Case law

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 . .. .”

DeWald v. Wyner

674 So. 2d 836 · District Court of Appeal of Florida · May 15, 1996

It is well settled that public officials are immune in their individual capacities from suits for damages "insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … In this case immunity turns on the second element, namely whether defendants' conduct violated clearly established constitutional law. If applicable law is unsettled, immunity necessarily results. Nicholson v.

Wayne Thomas Ahlers and Nina Ahlers v. Ronald J. Schebil

188 F.3d 365 · Court of Appeals for the Sixth Circuit · Jul 30, 1999

Qualified Immunity Next, Plaintiffs contend on appeal that, regardless of this panel’s conclusions as to whether Wayne Ahlers’s arrest was supported by probable cause, Defendants are not entitled to qualified immunity because … There are really two separate inquiries here: whether the Washtenaw County Defendants are entitled to qualified immunity and whether Parsons is entitled to qualified immunity.

Kimberly Burns-Fisher v. Anna Romero-Lehrer

57 F.4th 421 · Court of Appeals for the Fourth Circuit · Jan 13, 2023

Pendleton, 249 F.3d 279, 285 (4th Cir. 2001) (“A district court’s denial of qualified immunity is immediately appealable under the collateral order doctrine, because qualified immunity confers immunity … Because it was not clearly established at the time of the incident that a defendant’s failure to act gives rise to a state-created danger claim, we conclude that Appellant is entitled to qualified immunity

Edwards v. Williams

170 F. Supp. 2d 727 · District Court, E.D. Kentucky · Oct 31, 2001

The defendants also argue that they are entitled to qualified immunity, as the complaint does not plead any alleged conduct that violated clearly and particularly established federal statutory or constitutional rights of … Because the plaintiff has failed to plead facts sufficient to establish a constitutional violation, the defendants are entitled to qualified immunity. 2. Was the Right Clearly Established?

TATTNALL COUNTY Et Al. v. ARMSTRONG

333 Ga. App. 46 · Court of Appeals of Georgia · Jul 13, 2015

IX establishes a different type of immunity, known as official or qualified immunity when an officer or an employee of the state is sued in his individual capacity. 6 Banks v. Happoldt, 271 Ga. … Armstrong clearly had the burden to establish waiver. As we have previously explained, “[sovereign immunity is not an affirmative defense that must be established by the party seeking its protection.

Wright v. City of Philadelphia

409 F.3d 595 · Court of Appeals for the Third Circuit · Jun 6, 2005

violated was clearly established. … right was clearly established.”

Czechorowski v. State

178 Vt. 524 · Supreme Court of Vermont · Mar 22, 2005

Supp. 2d 241, 249 (N.D.N.Y. 2001) (caseworker who relied on autistic child’s allegations of sexual abuse through FC did not violate dearly established standard and therefore was entitled to qualified immunity). … See Cook, 167 Vt. at 509 , 712 A.2d at 384 (analyzing official’s conduct in relation to clearly established law). ¶ 27.

United States v. Jeffrey Lynn Franklin

235 F.3d 1165 · Court of Appeals for the Ninth Circuit · Dec 20, 2000

establish” that the predicate conviction qualified under § 924(e). … While in some cases a sentencing court properly might cumulate documentation of prior criminal convictions to find that such documentation “clearly establishes” a prior criminal conviction, in the context of an enhancement

Zulema Longoria v. San Benito Indep Con Sch Dist

942 F.3d 258 · Court of Appeals for the Fifth Circuit · Nov 4, 2019

A defendant is entitled to qualified immunity if his “conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … We therefore turn to the second prong of the qualified-immunity analysis and find that, regardless of whether M.L.’s rights were violated, the right at issue was not clearly established. See Davis v.

Tyrone Hadley v. Keith Mihail Billiris and Montgomery County, Texas

Texas Court of Appeals, 9th District (Beaumont) · Jul 14, 2022

Billiris argued that he was entitled to qualified immunity because Hadley failed to cite any evidence showing that he intentionally struck Hadley, point to any clearly established law prohibiting an officer from chasing … To rebut the defense of qualified immunity, the plaintiff must establish “that the official’s allegedly wrongful conduct violated clearly established law and that genuine issues of material fact exist regarding the reasonableness

Walter Melton v. David Abston

841 F.3d 1207 · Court of Appeals for the Eleventh Circuit · Nov 18, 2016

Qualified Immunity 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 … Sullivan is not entitled to qualified immunity. See Mercado v.

Tuskan v. Jackson County

134 F. Supp. 3d 1041 · District Court, S.D. Mississippi · Sep 25, 2015

Legal Standard The defense of qualified immunity shields governmental officials from civil liability for damages based upon the performance of discretionary functions if the officials’ actions did not violate clearly established … Thornton is Entitled to Qualified Immunity With Respect to Tuskan’s False Arrest Claim Tuskan’s claim for false arrest derives from his clearly established Fourth Amendment right to be free from unreasonable seizures of his

University of Texas Southwestern Medical Center of Dallas v. Margulis

88 S.W.3d 641 · Court of Appeals of Texas · Mar 31, 1999

Fain, and Kern Wildenthal, M.D., appellants, contend the trial court erred in denying their motion for partial summary judgment on the defense of qualified immunity. … Appellants moved for partial summary judgment on the section 1983 claims, asserting that Margulis did not plead with specificity enough facts to overcome their assertion of qualified immunity.

Rousselo v. Starling

128 N.C. App. 439 · Court of Appeals of North Carolina · Feb 3, 1998

We agree and conclude that under the doctrine of qualified immunity Trooper Starling was immune from suit because a reasonable person in his position would not have known that his actions violated a clearly established right … Police officers sued under section 1983 are not protected by qualified immunity if the officers’ conduct violated “ ‘clearly established statutory or constitutional rights of which a reasonable person would have known.’ ”

Babinski v. Sosnowsky

79 F.4th 515 · Court of Appeals for the Fifth Circuit · Aug 21, 2023

To defeat qualified immunity, Babinski must satisfy the clearly established prong of the analysis. … The district court denied the university and its officials qualified immunity. Id. A panel of this court reversed, explaining that “the ‘sine qua non of the clearly- established inquiry is “fair warning.”’”

Kahle v. Leonard

477 F.3d 544 · Court of Appeals for the Eighth Circuit · Feb 12, 2007

If the right was not clearly established, then the officer is protected by qualified immunity. 1. … Qualified Immunity 37 The second question in the qualified-immunity analysis requires us to consider whether the right that Malone allegedly violated was clearly established at the time of the violation.

Jeffers v. Gomez

267 F.3d 895 · Court of Appeals for the Ninth Circuit · Oct 3, 2001

The availability of qualified immunity in such a case naturally turns on whether it' was “clearly established law” that Motive Y was impermissible. … Determining whether a public official is entitled to qualified immunity “requires a two-part inquiry: (1) Was the law governing the state official’s conduct clearly established?

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.

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.