Case law

Thomas ex rel. D.T. v. City of New Orleans

883 F. Supp. 2d 669 · District Court, E.D. Louisiana · Aug 2, 2012

The City Defendants Are Entitled to Qualified Immunity Because the Plaintiffs Have Failed to Allege a Violation of a Clearly Established Constitutional Right. … The plaintiffs have cited no law to suggest that this conduct violated a clearly established right that would overcome Officer Boyd's invocation of qualified immunity. .

Bennett v. Murphy

127 F. Supp. 2d 689 · District Court, W.D. Pennsylvania · Aug 10, 2000

Murphy’s Invocation of Qualified Immunity As is well established, qualified immunity is a doctrine that insulates the holder from trial, not just from liability. … Felsing: We thus hold, following the Supreme Court’s decision in Hunter , that in deciding whether defendant officers are entitled to qualified immunity it is not only the evidence of “clearly established law” that is for

Albright v. Rodriguez

51 F.3d 1531 · Court of Appeals for the Tenth Circuit · Apr 7, 1995

Defendant contends he was entitled to summary judgment based on qualified immunity because Plaintiff failed to show he violated clearly established law. … Further, a defendant is entitled to qualified immunity if the plaintiff fails to show that the law was clearly established. See, e.g., Pallottino v.

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.

Carolyn Clanton v. Jody Cooper

129 F.3d 1147 · Court of Appeals for the Tenth Circuit · Nov 17, 1997

Such immunity is “qualified” in that it does not obtain when otherwise immune officials violate “clearly established statutory or constitutional rights of which a reasonable person would have known.” Id.; Gehl Group v. … If these facts, taken together, do not amount to “coercion” under 'Clearly established law, then Cooper is entitled to qualified immunity.

Richard Rockwell v. City of Garland, Texas

664 F.3d 985 · Court of Appeals for the Fifth Circuit · Dec 15, 2011

The burden is on the Rockwells to rebut the officers’ qualified-immunity defense “by establishing a genuine fact issue as to whether the [officers’] allegedly wrongful conduct violated clearly established law.” Id. … Smith, 117 F.3d 866, 871 (5th Cir.1997) ("[Wjhere the complained of conduct is a law enforcement warrantless search of a residence, qualified immunity turns not only on whether it was then clearly established that such a

Baggerly v. CSX Transportation, Inc.

370 S.C. 362 · Supreme Court of South Carolina · Aug 28, 2006

Causation-in-fact is proved by establishing the injury would not have occurred “but for” the defendant’s negligence, and legal cause is proved by establishing foreseeability. Id. … or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify.”

Bruce Anderson v. State of Texas

913 F.3d 472 · Court of Appeals for the Fifth Circuit · Jan 14, 2019

Qualified immunity “protects all but the plainly incompetent or those who knowingly violate the law.” 7 To overcome a defendant’s assertion of qualified immunity on summary judgment, “a plaintiff must show that the evidence … immunity because the law was not clearly established at the time of the alleged retaliation, we end our inquiry and reverse the district court’s denial of summary judgment on the individual- capacity claim. 25

Omar Paez v. Claudia Mulvey

915 F.3d 1276 · Court of Appeals for the Eleventh Circuit · Feb 8, 2019

The arresting officer would be entitled to qualified immunity unless the plaintiff establishes that “(1) [she] violated a federal statutory or constitutional right, and (2) the unlawfulness of [her] conduct was ‘clearly … Since there was no Fourth Amendment violation, much less a clearly established Fourth Amendment violation, Breeden and Sullivan are entitled to qualified immunity as well.

Crawford v. Geiger

996 F. Supp. 2d 603 · District Court, N.D. Ohio · Feb 10, 2014

/A 4 The Sixth Circuit has summarized the doctrine of qualified immunity and related principles: Qualified immunity shields government officials from liability for civil damages if their actions did not violate clearly established … Even if there is such right, they argue, that right has yet to be clearly established, so the doctrine of qualified immunity entitles the on scene officers, even if they impaired any such right, to dismissal. i.

Maestas v. State of Colorado

351 F.3d 1001 · Court of Appeals for the Tenth Circuit · Nov 26, 2003

was clearly established such that a reasonable person in the defendant’s position would have known that [his] conduct violated that right.” … Maestas possesses a clearly established right to be free of such harassment. Sh.A. ex rel. J.A. v. Tucumcari Mun.

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

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.

Marley v. City of Allentown

774 F. Supp. 343 · District Court, E.D. Pennsylvania · Sep 23, 1991

A government official asserting qualified immunity must establish that his conduct did “not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … the legal rules that were ‘clearly established at the time it was taken.’”

Central Specialties, Inc. v. Jonathan Large

18 F.4th 989 · Court of Appeals for the Eighth Circuit · Nov 24, 2021

We thus find that there was no clearly established right, and we therefore conclude that the district court properly granted summary judgment to Large on the basis of qualified immunity. … We have “held that an official acting outside the clearly established ‘scope of his discretionary authority is not entitled to claim qualified immunity under § 1983.’” Johnson v.

Fox v. Government of the District of Columbia

794 F.3d 25 · Court of Appeals for the D.C. Circuit · Jul 17, 2015

Officer Boyd moved for judgment on the pleadings for Count 1, arguing that he is protected by qualified immunity. The district court explained, to overcome Officer Boyd’s claim to qualified immunity, Mrs. … The doctrine of qualified immunity protects police officers “from suit under 42 U.S.C. § 1983 unless they have violated a statutory or constitutional right that was clearly established at the time of the challenged conduct

Grider v. City of Auburn, Ala.

618 F.3d 1240 · Court of Appeals for the Eleventh Circuit · Sep 7, 2010

Qualified and State-Law Immunity Doctrines As to Plaintiffs’ § 1983 claims, “[qualified immunity offers complete protection for government officials sued in their individual capacities if their conduct ‘does not violate clearly … Courts utilize a two-part framework to evaluate qualified immunity defenses. 19 One inquiry in a qualified immunity analysis is whether the plaintiffs allegations, if true, establish a constitutional violation. Hope v.

Estate of Lee v. City of Spokane

101 Wash. App. 158 · Court of Appeals of Washington · Jun 15, 2000

Police officers have qualified immunity from liability for civil damages for conduct that “ ‘does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’ ” Id. … Entitlement to qualified immunity may be established, and was established here, as a matter of law. Robinson v. City of Seattle, 119 Wn.2d 34, 65 , 830 P.2d 318 (1992). By the plaintiffs’ own account, Mr.

Gausvik v. Abbey

107 P.3d 98 · Court of Appeals of Washington · Feb 23, 2005

Qualified Immunity ¶ 66 A DSHS employee cannot be held personally liable for damages under a 42 U.S.C. § 1983 action unless their conduct violated a clearly established constitutional *109 right. Robinson v. … After a defendant asserts the qualified immunity defense, the plaintiff must show a clearly established constitutional right existed that the defendant violated.

McKinnon v. Gardner

Connecticut Appellate Court · Apr 28, 2026

That qualified immunity “protects government officials performing discretionary functions from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of … “[A] claim for qualified immunity from liability Albert, 50 Conn.