Case law

Grove School v. Guardianship & Advocacy Commission

642 F. Supp. 1043 · District Court, N.D. Illinois · Sep 2, 1986

All defendants are entitled to qualified good-faith immunity because they did not violate any “clearly established” constitutional rights. 2. … Qualified Immunity All defendants seek insulation from Section 1983 damage liability under the rule of qualified immunity enunciated in Harlow v.

Marcus Hanks v. Randall Rogers

853 F.3d 738 · Court of Appeals for the Fifth Circuit · Apr 5, 2017

“Qualified immunity attaches when an official’s conduct ‘does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’” White v. … App’x 453, 459–60 (5th Cir. 2015) (unpublished) (construing Deville as clearly establishing that an officer should receive no qualified immunity if he “quickly escalate[s]” an encounter with a non-threatening, passively-resisting

Williams v. Board of County Commissioners

125 N.M. 445 · New Mexico Court of Appeals · Apr 16, 1998

Qualified immunity protects officials whose conduct does not contravene “clearly established [federal] statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … a constitutional or statutory right, and (2) the right was clearly established at the time of the conduct.

Baker v. Matheson

607 P.2d 233 · Utah Supreme Court · Dec 28, 1979

establishes that a constitutional provision has been violated. … noncitizens. 7 The doctrine of fundamental rights was first established in Corfield v.

McMillian v. Johnson

878 F. Supp. 1473 · District Court, M.D. Alabama · Jan 17, 1995

Additionally, Tate argues that he is entitled to the protection of qualified immunity because he did not deprive McMillian of clearly established federal right. … in conduct which violates clearly established law, then qualified immunity does not afford the defendant protection from the claim.

Robbins v. Wilkie

433 F.3d 755 · Court of Appeals for the Tenth Circuit · Jan 10, 2006

That is, even if the right to exclude is clearly established, they are still entitled to qualified immunity because the right to be free from retaliation in the private property context is not clearly established. … Robbins has thus sufficiently alleged a violation of his clearly established Fifth Amendment rights, and Defendants are not entitled to qualified immunity on Robbins' Bivens claim. 2.

Cottrell v. Caldwell

85 F.3d 1480 · Court of Appeals for the Eleventh Circuit · Jun 3, 1996

An example of such an issue is "whether the legal norms allegedly violated by the defendant were clearly established at the time of the challenged actions or, ... whether the law clearly proscribed the actions the defendant … whether the federal right allegedly infringed was clearly established."

Feasel v. Willis

904 F. Supp. 582 · District Court, N.D. Texas · Mar 9, 1995

It is the Plaintiff who must overcome the claim to qualified immunity. The Defendant filed two briefs on the issue of qualified immunity. … Creighton, supra, the terminology “clearly established” has an important application to any claim of qualified immunity. Anderson v. Creighton, supra, cited with favor in Malley v.

Hydrick v. McDaniel

500 F.3d 978 · Court of Appeals for the Ninth Circuit · Aug 30, 2007

Thus, there are two bodies of law from which we might draw “clearly established” law for qualified immunity purposes: first, where the SVPs claim a violation of a right that is clearly established even in the prison context … b)(6) based on qualified immunity. 3.

Hays v. Ellis

331 F. Supp. 2d 1303 · District Court, D. Colorado · Aug 23, 2004

Qualified immunity shields government officials performing discretionary functions from individual liability under 42 U.S.C. § 1983 unless their conduct violates “clearly established statutory or constitutional rights of … Having so concluded, the second step of the qualified immunity inquiry is to determine whether the right that was violated was clearly established at the time of the violation. Saucier, 121 S.Ct. at 2156.

Neaves v. Hampton

District Court, E.D. Kentucky · Jul 1, 2024

Qualified Immunity The defendants assert that they are entitled to the protections of qualified immunity with respect to Neaves’ constitutional claims. … to juror to conclude that the defendant violated a clearly established constitutional right.

Van Lee Brewer v. Jason Simental

Texas Court of Appeals, 7th District (Amarillo) · Oct 15, 2010

Those governmental officials are entitled to qualified immunity “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Id. … Therefore, the defendants were entitled to claim qualified immunity. See Kipps, 197 F.3d at 768.

Michael Wigginton, Jr. v. University of Mississipp

964 F.3d 329 · Court of Appeals for the Fifth Circuit · Jul 1, 2020

The district court erred when it denied defendants’ motion for qualified immunity and concluded that Wigginton had a clearly-established property interest. … We regularly grant qualified immunity in substantive due process cases where the plaintiff fails to establish a clearly- established property interest. See, e.g., Wilkerson v. Univ. of N. Tex.

Adams v. NaphCare, Inc.

246 F. Supp. 3d 1128 · District Court, E.D. Virginia · Mar 31, 2017

As the Magistrate Judge noted, state actors are entitled to qualified immunity from such claims “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … immunity, since it was not clearly established that the agency head bore such responsibility for her subordinates.”

Richardson v. Quitman County

912 F. Supp. 2d 1354 · District Court, M.D. Georgia · Dec 17, 2012

Accordingly, Plaintiffs have failed to establish that Mason violated clearly established law, and Mason is entitled to qualified immunity for conducting the stop. 14 ii. … establish law in this Circuit for purposes of evaluating qualified immunity.

McKay v. City of New York

32 F. Supp. 3d 499 · District Court, S.D. New York · Jul 24, 2014

Qualified immunity protects government officials performing discretionary functions, such as arrests, “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … Law is “clearly established” for qualified immunity purposes if “various courts have agreed that certain conduct is a constitutional violation under facts not distinguishable in a fair way from the facts presented in the

Deskovic v. City of Peekskill

894 F. Supp. 2d 443 · District Court, S.D. New York · Sep 25, 2012

Doctrine of Qualified Immunity “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 … Qualified immunity shields a defendant from standing trial or facing other burdens of litigation, “if either (a) the defendant’s action did not violate clearly established law, or (b) it was objectively reasonable for the

Daniczek v. Spencer

156 F. Supp. 3d 739 · District Court, E.D. Virginia · Jan 11, 2016

In sum, “[qualified immunity is applicable unless the official’s conduct violated a clearly established constitutional right.” Pearson, 555 U.S. at 232 , 129 S.Ct. 808 . … Spencer violated a clearly established rule.

Thomas v. Independence Township

463 F.3d 285 · Court of Appeals for the Third Circuit · Sep 14, 2006

6 of which the plaintiff complains violated clearly established law.” … Thus, “[u]nless the plaintiff’s allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery.”

The Mercer County Board of Education and Dr. Deborah Akers v. Amanda Shrewsbury

West Virginia Supreme Court · Nov 12, 2024

The respondent further argued that even if the circuit court decided that qualified immunity applied, it was abrogated by the petitioners’ violation of clearly established rights. … “It is well established that claims for both constitutional and common law qualified immunity are available only for the State, its agencies, officials, and/or employees.” Kent, 249 W.