Case law

CYBER ZONE E-CAFE, INC. v. King

782 F. Supp. 2d 1331 · District Court, M.D. Florida · Mar 22, 2011

“Qualified immunity offers complete protection for government officials sued in their individual capacities as long as their conduct violates no clearly established statutory or constitutional rights of which a reasonable … Because the law was not clearly established in April 2010 that the Plaintiffs’ arrest and seizure was unlawful, Defendant King is entitled to qualified immunity, and all claims against him in his individual capacity shall

Mathis v. Bess

763 F. Supp. 58 · District Court, S.D. New York · May 14, 1991

The doctrine of qualified immunity protects government officials sued in their personal capacities from liability for discretionary acts provided their conduct did not violate any “clearly established” federal statutory or … Benjamin, a single unpublished decision of a lower court, “clearly established” the law of this circuit for purposes of qualified immunity. See Hawkins v. Steingut, 829 F.2d 317, 321 (2d Cir.1987).

Lucas v. Parish of Jefferson

999 F. Supp. 839 · District Court, E.D. Louisiana · Mar 31, 1998

Qualified immunity protects an official from liability unless the official violates “clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … Reynolds violated the Lucases clearly established rights in moving to revoke their probation.

Johnson v. Boreani

946 F.2d 67 · Court of Appeals for the Eighth Circuit · Sep 26, 1991

Government officials who are sued for damages under § 1983 for their performance of discretionary functions are entitled to a qualified immunity defense if they prove that their conduct “does not violate clearly established … Because in most cases it is easier for a § 1983 defendant to establish qualified immunity than to defend against the alleged constitutional violation, and because our remand had expressly left the qualified immunity issue

Wertenbroch v. Hardeman

Court of Appeals for the Fifth Circuit · Jun 3, 2026

Typically, qualified immunity hinges on “whether the federal right allegedly infringed was ‘clearly established.’” Behrens v. Pelletier, 516 U.S. 299, 313 (1996) (citation omitted). … But the magistrate judge never analyzed whether Plaintiffs rights were clearly established. Nor did he affirmatively conclude that he was denying qualified immunity to Hardeman.

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.”

Baptie v. Bruno and McNeil

195 Vt. 308 · Supreme Court of Vermont · Dec 6, 2013

We first address the superior court’s ruling that defendant is entitled to qualified official immunity under, the circumstances of this case. * “Qualified immunity attaches to public officials who are (1) acting during the … An objective person in defendant’s position could not have believed that his conduct violated clearly established law. ¶ 16.

Willingham v. Crooke

412 F.3d 553 · Court of Appeals for the Fourth Circuit · Jun 23, 2005

This is known as the defense of qualified immunity. Police officers are presumed to know about the clearly established constitutional rights of citizens. In this case, *558 Ms. … Government officials performing discretionary functions are entitled to qualified immunity from liability for civil damages to the extent that “their conduct does not violate clearly established statutory or constitutional

Alex LL. v. Department of Social Services

60 A.D.3d 199 · Appellate Division of the Supreme Court of the State of New York · Jan 22, 2009

Qualified immunity protects government officials from liability for damages when performing discretionary duties “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a … “The qualified immunity standard gives ample room for mistaken judgments by protecting all but the plainly incompetent or those who knowingly violate the law.

Wilson v. Kittoe

229 F. Supp. 2d 520 · District Court, W.D. Virginia · Nov 7, 2002

Clearly Established The Fourth Amendment right to be free from arrest in the absence of probable cause is clearly established. See Henderson, 223 F.3d at 273 . … But, “if the test of ‘clearly established law' were to be applied at this level of generality, ... plaintiffs would be able to convert the rule of qualified immunity ... into a rule of virtually unqualified liability.”

Michael Charles Ward v. Dennis Dyke Fred Christians Robert J. Mayer Sherry Burt, Dan Bolden Donald Houseworth Robert Brown, Jr. David Haskell, Warden

58 F.3d 271 · Court of Appeals for the Sixth Circuit · Jun 29, 1995

Defendants contend that Ward has failed to allege the violation of a clearly established right. … Therefore, defendants are entitled to qualified immunity. 4 IV. For the reasons set forth above, we REVERSE the district court’s denial of qualified immunity. 1 .

Ethan James Charles v. Jeff Johnson

18 F.4th 686 · Court of Appeals for the Eleventh Circuit · Nov 16, 2021

To lose qualified immunity, the circumstances must show that the force was clearly excessive. See Post v. … Once we determined that the use of force was ex- cessive, the next question in the qualified immunity analysis asks whether the officer violated clearly established law.

Lawrence J. Brozik v. Mark A. Kalish

942 F.2d 790 · Court of Appeals for the Ninth Circuit · Aug 29, 1991

II. 4 An official in Kalish's position is entitled to qualified immunity when his conduct "does not violate clearly established statutory or constitutional rights of which a reasonable person would have known." … III. 7 The existence of clearly established law, however, does not end our inquiry.

Peltier v. Sacks

328 F. Supp. 3d 1170 · District Court, W.D. Washington · Jul 16, 2018

was not clearly established. 4 Under the qualified immunity doctrine, "government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate … A two-part test resolves claims of qualified immunity by determining whether plaintiffs have alleged facts that "make out a violation of a constitutional right," and if so, whether the "right at issue was 'clearly established

Gould v. Symons

275 F. Supp. 2d 843 · District Court, E.D. Michigan · Jul 18, 2003

entitled to qualified immunity from suit. … established principle of law and, therefore, the defendants were not entitled to qualified immunity.

Murray v. Poani

980 N.E.2d 1275 · Appellate Court of Illinois · Dec 14, 2012

Qualified Immunity ¶ 33 Defendants contend if we conclude the trial court erred in determining no issue of material fact exists, we should hold plaintiffs’ claims are barred by qualified immunity. ¶ 34 … the constitutional right was clearly established.

Felder v. Allen

29 So. 3d 897 · Court of Civil Appeals of Alabama · Aug 14, 2009

and/or qualified immunity. … Fitzgerald, 457 U.S. 800, 818 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982), the defendants were not entitled to qualified immunity because the conduct of the defendants “violate[d] clearly established statutory or constitutional

Mark Campbell v. Cheatham County Sheriff's Dep't

47 F.4th 468 · Court of Appeals for the Sixth Circuit · Aug 29, 2022

Therefore, we turn to whether the right was clearly established. 3 An officer is not entitled to qualified immunity if he violates a constitutional right … “The doctrine of qualified immunity shields officials from civil liability so long as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”

Obert v. State

419 Mont. 1 · Montana Supreme Court · Nov 12, 2024

Qualified Prosecutorial Immunity. … Ct. at 2815 (government officer “entitled to dismissal” of compensatory civil claim due to qualified immunity “[u]nless the [complaint] allegations” are facially sufficient to “state a claim of violation of clearly established

Irizarry-López v. Torres-González

363 F. Supp. 2d 7 · District Court, D. Puerto Rico · Mar 18, 2005

Qualified Immunity Ortiz further self-servingly restates qualified immunity law as established by the Supreme Court and followed by the First Circuit. … In order to determine whether a public official is entitled to qualified immunity, the Court must determine l)whether plaintiffs allegations, if true, establish a constitutional violation; 2)whether that right was clearly