Case law

Estate of C.A. v. Castro

547 F. App'x 621 · Court of Appeals for the Fifth Circuit · Nov 25, 2013

Individual Defendants’ Qualified Immunity State actors sued in their individual capacity under § 1983 are entitled to qualified immunity “insofar as their conduct does not violate clearly established statutory or constitutional … An official “does not lose qualified immunity merely because a certain right is clearly established in the abstract....

Juide v. City of Ann Arbor

839 F. Supp. 497 · District Court, E.D. Michigan · Dec 15, 1993

They also assert the defense of qualified immunity, arguing that it was not clearly established law at the time of their alleged violation of Juide’s constitutional rights that (1) due process prohibited the issuance of a … In the absence of clearly established law which would preclude an in rem forfeiture proceeding if the privilege against self-incrimination is implicated to any degree, Markman and Best are entitled to .qualified immunity

DeNucci v. Henningsen

248 Or. App. 59 · Court of Appeals of Oregon · Feb 8, 2012

of ORS 162.257 was not clearly established, so he was entitled to qualified immunity. … Despite the lack of probable cause for the arrest, however, Henningsen is still entitled to qualified immunity if plaintiffs right not to be arrested for her conduct was not “clearly established” at the time.

Langford v. Norris

614 F.3d 445 · Court of Appeals for the Eighth Circuit · Jul 20, 2010

The court also rejected the state defendants’ qualified immunity defense, stating in generic terms that “the plaintiffs’ constitutional rights to adequate medical care and treatment [were] clearly established.” … It remains to decide whether the right Byus allegedly violated was clearly established.

Olson v. City of Hooper Bay

251 P.3d 1024 · Alaska Supreme Court · Apr 15, 2011

But another primary purpose-immunity from damages-remains attainable if the claim of qualified immunity is established at trial. 62 *1037 In Sheldon, we affirmed the superior court's decision to grant qualified immunity to … When qualified immunity cannot be established as a matter of law because genuine issues of material fact bar summary judgment, qualified immunity may still be established at trial to shield against damages.

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 .

Micah Jessop v. City of Fresno

918 F.3d 1031 · Court of Appeals for the Ninth Circuit · Mar 20, 2019

ANALYSIS “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 … Assuming that to be true, however, the City Officers are entitled to qualified immunity because that right was not clearly established.

Tarpley v. Miami-Dade County

212 F. Supp. 3d 1273 · District Court, S.D. Florida · Jul 21, 2016

“Qualified immunity offers complete protection for government officials sued in their individual capacities if their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … City of Cumming, 69 F.3d 1098, 1102 (11th Cir.1995) (“Should the plaintiff fail to show that the law was clearly established at the time in question, the individual defendant is entitled to qualified immunity.”).

Ball v. Cook County School District

889 F. Supp. 492 · District Court, M.D. Georgia · Jun 13, 1995

For the law to be clearly established to the point that qualified immunity does not apply, the law must have earlier been developed in such a concrete and factually defined context to make it obvious to all reasonable government … Government actors performing discretionary functions are entitled to qualified immunity from civil trials for money damages and may not be held liable in their individual capacity if their conduct violates no clearly established

Borzilleri v. Mosby

189 F. Supp. 3d 551 · District Court, D. Maryland · May 31, 2016

Second, regarding the First Amendment claim, she argues that she is entitled to qualified immunity because she did not violate “clearly established law.” Pearson v. … Mosby argues first that Borzilleri fails to state a claim; and second, that-she is entitled to qualified immunity on her Frist Amendment claim because she did not violate “clearly established law.” a.

Bletz v. Gribble

641 F.3d 743 · Court of Appeals for the Sixth Circuit · May 27, 2011

Generally, summary judgment based on qualified immunity is proper if the officer was not on notice that his conduct was clearly unlawful. Higgason v. Stephens, 288 F.3d 868, 876 (6th Cir. 2002). … However, we reverse the district court’s decision denying Denny qualified immunity.

Sanchez v. Swyden

139 F.3d 464 · Court of Appeals for the Fifth Circuit · Apr 16, 1998

Under the test for qualified immunity, Sanchez has failed to prove that he was deprived of a clearly established constitutional right. … The Doctrine of Qualified Immunity The well-established test for qualified immunity requires us to engage in a two-step inquiry.

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

William R. Schwartzman, M.D. v. Fred Valenzuela Bamford Frankland, David Swoap

846 F.2d 1209 · Court of Appeals for the Ninth Circuit · May 17, 1988

Qualified Immunity. The appellants next argue that the district court should have granted them summary judgment based upon qualified immunity against suit. … clearly established statutory or constitutional rights of which a reasonable person would have known.”

Fletcher Small v. Officer Brock

963 F.3d 539 · Court of Appeals for the Sixth Circuit · Jun 26, 2020

Of course, our holding does not mean that Small’s right was clearly established for the purpose of qualified immunity. But we need not resolve the issue of qualified immunity in this appeal. … But even if you doubted this precedent, there’s little doubt that the alleged constitutional violation here wasn’t clearly established and thus that the defendant is entitled to qualified immunity.

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.

Kinney v. Weaver

111 F. Supp. 2d 831 · District Court, E.D. Texas · May 16, 2000

Nevertheless, as will be discussed in further detail in the “clearly established” prong of the qualified immunity test, this is irrelevant. The defendants cannot do indirectly that which they could not do directly. … similar to qualified immunity under federal law.

Benton School District Lori Bacon, in Her Individual and Official Capacity And Lita Gattis, in Her Individual and Official Capacity v. Brandi Greer

677 S.W.3d 799 · Supreme Court of Arkansas · Nov 9, 2023

Section 1983 establishes a federal cause of action that can be filed in either state or federal court. Newton v. Etoch, 332 Ark. 325, 334, 965 S.W.2d 96, 100 (1998). … Smith, 366 Ark. 473, 480, 237 S.W.3d 1, 6 (2006) (finding no qualified immunity under section 301 because the official violated clearly established law); Smith v.

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

Sheehy v. State

250 Mont. 437 · Montana Supreme Court · Nov 14, 1991

Plaintiffs argue that the result in Davis was clearly foreshadowed under the long-standing principle of intergovernmental tax immunity and as a logical extension of the Court’s decisions in a series of cases. … The second extension of prior law took place when the Court *443 established the connection between the doctrine of intergovernmental tax immunity and the protection against discriminatory taxation of individuals under 4