Case law

Sawyer v. County of Creek

908 F.2d 663 · Court of Appeals for the Tenth Circuit · Jul 18, 1990

Ramirez argues that Leona Sawyer has pled insufficient facts to overcome Ramirez’s absolute and qualified immunity from suit. 1 We turn first to Ramirez’s claim of qualified immunity. … Unlike other affirmative defenses, qualified immunity is not merely a defense to liability; it is also an immunity from suit.

Ireland v. Tunis

907 F. Supp. 1088 · District Court, E.D. Michigan · Nov 5, 1995

Alternatively, Defendants contend that they should prevail as a matter of law even if they are entitled only to qualified immunity for their acts, because those acts did not violate any “clearly established rights” of the … The Court reiterated that qualified immunity rests upon “objective legal reasonableness,” and stated that allegedly unlawful official action must be “assessed in light of the legal rules that were ‘clearly established’ at

Vargas-Badillo v. Diaz-Torres

114 F.3d 3 · Court of Appeals for the First Circuit · May 30, 1997

The Qualified Immunity Standard A. … of clearly established law, was met.

Estate of Garcia Toribio v. City of Santa Rosa

381 F. Supp. 3d 1179 · District Court, N.D. California · Apr 4, 2019

The qualified immunity doctrine shields a government official performing discretionary functions from liability for civil damages if the officer's conduct does not violate a "clearly established statutory or constitutional … See Sheehan , 135 S.Ct. at 1776 (questioning without deciding whether "a controlling circuit precedent could constitute clearly established federal law in these circumstances" for purposes of Section 1983 qualified immunity

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.

A.M. ex rel. Youngers v. New Mexico Department of Health

117 F. Supp. 3d 1220 · District Court, D. New Mexico · Jul 17, 2015

Bader are trying to suggest that district courts should, whenever possible, decide qualified immunity on the clearly established prong. … The Supreme Court established the qualified immunity defense in Pierson v.

Pinter v. City of New York

710 F. Supp. 2d 408 · District Court, S.D. New York · Sep 13, 2010

Once we determine whether the right at issue was clearly established for the particular context that the officer faced, the qualified immunity inquiry is complete. … Pinter’s Right Was Clearly Established “For a constitutional right to be ‘clearly established’ for purposes of determining whether an officer is entitled to qualified immunity, the ‘contours of the right must be sufficiently

Norman Slattery v. Christopher Rizzo

939 F.2d 213 · Court of Appeals for the Fourth Circuit · Jul 25, 1991

For the purpose of determining whether a defendant is entitled to qualified immunity the plaintiff’s rights must be clearly established under the particular circumstances confronting the official at the time of the questioned … The right of the plaintiff must be established so clearly that a reasonable official would know what he is doing violates that right. Ibid.

Smith v. Lee

73 F.4th 376 · Court of Appeals for the Fifth Circuit · Jul 14, 2023

of clearly established law.” … Qualified immunity provides government officials with immunity from suit “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known

Floyd B. Hutton, Anna v. Hutton v. Sheriff Thomas Strickland, Individually and as Sheriff of Holmes County, Florida

919 F.2d 1531 · Court of Appeals for the Eleventh Circuit · Dec 27, 1990

The qualified immunity shield protects government officials performing discretionary functions from civil damages “insofar as their conduct does not violate clearly established statutory or constitutional rights of which … The district court’s order denies summary judgment on qualified immunity as follows: Qualified Immunity.

Dustin Burnikel v. Michael Fong

886 F.3d 706 · Court of Appeals for the Eighth Circuit · Apr 2, 2018

Qualified immunity shields government officials from liability in a § 1983 action unless their conduct violates a clearly established right of which a reasonable official would have known. Harlow v. … We affirm the district court’s denial of qualified immunity to Fong and Wessels.

Simon v. City of N.Y.

893 F.3d 83 · Court of Appeals for the Second Circuit · Jun 21, 2018

Qualified Immunity State executive officials "are entitled to qualified immunity under § 1983 unless (1) they violated a federal statutory or constitutional right, and (2) the unlawfulness of their conduct was 'clearly established … Qualified Immunity for the Seizure and Detention on August 12, 2008 Finally, we consider whether defendants' conduct on August 12 violated the Fourth Amendment and whether any violation was clearly established as of August

F. Buddie Contracting, Ltd. v. Cuyahoga Community College District

31 F. Supp. 2d 584 · District Court, N.D. Ohio · Oct 21, 1998

Qualified immunity shields government officials performing discretionary functions “from liability or civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which … Thus, it is clear that the existence of an authorizing state law does not alter the qualified immunity analysis.

Flanagan v. Scearce

District Court, W.D. Virginia · Aug 23, 2021

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 would have … clearly established law”); Graves v.

Swann v. City of Dallas

922 F. Supp. 1184 · District Court, N.D. Texas · Feb 12, 1996

Public officials, however, are not shielded by qualified immunity if their conduct violates clearly-established constitutional rights, if a reasonable person would have known that such conduct was unconstitutional. … Finally, to satisfy the third part of the qualified immunity test, the plaintiff must establish that the official’s conduct was objectively unreasonable in fight of the legal rules clearly established at the time the actions

Amy Hughes v. Andrew Kisela

841 F.3d 1081 · Court of Appeals for the Ninth Circuit · Nov 28, 2016

The Supreme Court has explained that “[t]he doctrine of qualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … “In determining whether an officer is entitled to qualified immunity, we consider (1) whether there has been a violation of a constitutional right; and (2) whether that right was clearly established at the time of the officer

Jaeger v. Wracker

21 Ohio App. 3d 150 · Ohio Court of Appeals · Feb 13, 1985

Fitzgerald (1982), 457 U.S. 800 , 818-819: “If the law was clearly established, the immunity defense ordinarily should fail, since a reasonably competent public official should know the law governing his conduct. … fireman, the trustees cannot claim a qualified immunity.

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.”’”

Doll v. Pennsylvania State Police

District Court, M.D. Pennsylvania · Feb 18, 2025

Doll responds that Trooper Tremaine’s conduct violates clearly established law and thus Trooper Tremaine’s actions cannot be protected by qualified immunity. (Doc. 36, at 12-15). … “In light of a clearly established right, district courts tend to deny qualified immunity when the reasonableness of the force used is factually disputed.” Guthrie v. Guthrie, 216 F. Supp. 3d 590, 596 (W.D.

Papin v. Univ. of Miss. Med. Ctr.

347 F. Supp. 3d 274 · District Court, S.D. Mississippi · Sep 28, 2018

Government officials invoke qualified immunity to shield themselves "from civil damages liability insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … right was clearly established at the time of the defendant's alleged misconduct." 12 "For a right to be clearly established under the second step of the qualified immunity analysis, the contours of that right must be sufficiently