Case law

David New v. Dale Denver

787 F.3d 895 · Court of Appeals for the Eighth Circuit · May 29, 2015

Qualified immunity shields a government official from liability unless his conduct violates “clearly established statutory or constitutional rights of which a reasonable person would have known:” Harlow v. … In a § 1983 action alleging violation of that right, qualified immunity applies when “a reasonable officer could have believed [the] arrest to be lawful, in light of clearly established law and the information the arresting

Turner v. Perry

278 S.W.3d 806 · Texas Court of Appeals, 14th District (Houston) · Feb 26, 2009

Qualified Immunity Qualified immunity protects governmental officials performing discretionary functions frpm suit if their actions were objectively reasonable in the light of then clearly-established law. Anderson v. … Appellants contend that they nevertheless are entitled to qualified immunity because they did not violate a clearly established right protecting Perry’s speech.

Davdrin Goffin v. Robbie Ashcraft

977 F.3d 687 · Court of Appeals for the Eighth Circuit · Oct 15, 2020

Officer Ashcraft is entitled to qualified immunity if her conduct did not “violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … Police officers are not entitled to qualified immunity if “(1) they violated a federal statutory or constitutional right, and (2) the unlawfulness of their conduct was clearly established at the time.”

Huber v. North Carolina State University

163 N.C. App. 638 · Court of Appeals of North Carolina · Apr 20, 2004

Under the doctrine of qualified immunity, “government officials per *645 forming discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established … We must therefore determine whether Plaintiff’s right to privacy was clearly established at the time.

Reece v. Groose

60 F.3d 487 · Court of Appeals for the Eighth Circuit · Jul 20, 1995

was clearly established. 9 On the other side of the line is Anderson v. … Qualified immunity shields government officials from civil lawsuits when "their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known." Harlow v.

Wiggins v. Greiner

132 F. App'x 861 · Court of Appeals for the Second Circuit · May 18, 2005

Wiggins submits that the highlighted language in Roberts clearly establishes that prosecution efforts to locate a witness must be “undertaken prior to trial” to demonstrate good-faith. … Whether the challenged photo display in this case clearly qualifies as a confirmatory identification is an issue of state law not relevant to our habeas review. See Estelle v.

City of Akron v. Brown

122 N.E.3d 672 · Ohio Court of Appeals · Nov 7, 2018

(Emphasis added.) {¶ 8} The plain language of R.C. 2925.11(B)(2)(b) clearly provides qualified individuals with immunity for a minor drug possession offense pursuant to R.C. Chapter 2925. … Brown had qualified for immunity and, consequently, dismissal of a charge for minor drug possession, any allied offenses would not "merge" for that purpose and there would be no grounds to extend immunity or dismiss any charges

Lee v. Tucker

904 F.3d 1145 · Court of Appeals for the Tenth Circuit · Sep 24, 2018

Defendants moved for summary judgment on the basis of qualified immunity. … clearly established at the time of the conduct at issue" (quotation and alteration omitted)).

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.

Perry v. Greanias

95 S.W.3d 683 · Texas Court of Appeals, 1st District (Houston) · Dec 27, 2002

Government officials performing discretionary functions have qualified immunity from liability for actions that do not violate clearly established statutory or constitutional rights of which a reasonable person would have … in light of the clearly established rights.

Hudson v. Maloney

326 F. Supp. 2d 206 · District Court, D. Massachusetts · Jul 23, 2004

Qualified immunity attaches to discretionary conduct of government officials that “does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … Forsyth, 472 U.S. 511, 528 , 105 S.Ct. 2806 , 86 L.Ed.2d 411 (1985) (officers immune unless their actions were “clearly proscribed” by established law).

People of Michigan v. Richard Lee Hartwick

Michigan Supreme Court · Jul 27, 2015

not be set aside unless clearly erroneous. … required to establish immunity.

Chad J. Alvarado v. Jon E. Litscher, Secretary, Jane Gamble, B. McCreedy

267 F.3d 648 · Court of Appeals for the Seventh Circuit · Sep 28, 2001

Qualified immunity protects government officials from civil liability when performing discretionary functions so long as “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … To overcome a defense of qualified immunity, the plaintiff must first allege the deprivation of an actual constitutional right, and second, show that the right was clearly established at the time of the alleged violation.

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

Cameron Lewis v. Kevin Caraballo

98 F.4th 521 · Court of Appeals for the Fourth Circuit · Apr 15, 2024

We now turn to the second prong of the qualified-immunity analysis, “whether the [constitutional or statutory] violation was of a ‘clearly established’ right.” Valladares v. … established law for purposes of adjudging entitlement to qualified immunity.’”)

Steven Bangs v. Walter William Smith

84 F.4th 87 · Court of Appeals for the Second Circuit · Oct 12, 2023

Geraci, Judge) dismissing his complaint on the grounds that Defendants were entitled to qualified immunity because Bangs’s rights in this context were not clearly established. … For purposes of qualified immunity, “[w]hether the law was sufficiently clearly established is . . . an issue of law that we consider de novo.” Outlaw v. City of Hartford, 884 F.3d 351, 366 (2d Cir. 2018).

Freeman v. Fallin

422 F. Supp. 2d 53 · District Court, District of Columbia · Mar 3, 2006

Qualified immunity “shield[s officials] 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.” … contain hidden, and at the time unexpounded, constitutional roadblocks. 9 Accordingly, the plaintiffs’ Fourth Amendment right was not clearly established, Butera, 235 F.3d at 646 , and these defendants are entitled to qualified

Tortes v. King County

119 Wash. App. 1 · Court of Appeals of Washington · Jun 2, 2003

These individual public officials are immune from personal liability under the doctrine of qualified immunity. … It is preferred that a defendant’s entitlement to qualified immunity be decided as a matter of law on summary judgment. 19 The central purpose of qualified immunity is to protect public officials from interference with their

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

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.