Case law

Brown & Gay Engineering, Inc. v. Zuleima Olivares, Individually and as the Representative of the Estate of Pedro Olivares, Jr., & Pedro Olivares

58 Tex. Sup. Ct. J. 678 · Texas Supreme Court · Apr 24, 2015

Brown & Gay’s reliance on Filar-sky's qualified-immunity analysis is misplaced. … The federal 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 of which a reasonable

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.”

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

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.”

Reed v. Taylor

923 F.3d 411 · Court of Appeals for the Fifth Circuit · May 2, 2019

The district court granted summary judgment to the officials based on qualified immunity, holding that the threat of criminal prosecution wasn't "other legal process" under clearly established law. Reed appealed. … "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.'

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 .

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.

Marwan Mahajni v. Vu Do

Court of Appeals for the Seventh Circuit · Apr 13, 2026

On the immunity issues, it denied qualified immunity to Deputy Do, ruling that United States ex rel. Tobe was an anal- ogous case and clearly established that Deputy Do’s conduct violated Mr. … Deputy Woida is entitled to qualified immunity for a sec- ond reason—there’s no clearly established law that says that a bailiff who fails to stop someone else from making an im- proper statement to a juror violates a defendant

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.

Estate of Bleck ex rel. Churchill v. Martinez

383 P.3d 39 · Colorado Court of Appeals · Mar 27, 2014

’s motion to dismiss based on qualified immunity. … On appeal, the Tenth Circuit Court of Appeals affirmed the District Court’s dismissal of the Fourth Amendment claim against Officer Martinez, concluding that he could not be found to have violated clearly established Fourth

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.

Soscia Holdings, LLC v. P State of Rhode Island, et al.

2023 DNH 074 · District Court, D. New Hampshire · Jun 15, 2023

Qualified immunity applies where: (1) a federal right was violated, and (2) “the 21 unlawfulness of the conduct was clearly established at the time.” … Courts may begin the qualified immunity analysis by considering the clearly established prong. Id.

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.”

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

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

Butler v. City of Norman

992 F.2d 1053 · Court of Appeals for the Tenth Circuit · Apr 28, 1993

official violated the clearly established law. … In Mitchell the Court held: Unless the plaintiffs allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery ..

Larsen v. Senate Of The Commonwealth Of Pennsylvania

154 F.3d 82 · Court of Appeals for the Third Circuit · Aug 11, 1998

immunity is from suit as well as from liability, so that "[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 … on qualified immunity grounds.

Mumford v. Zieba

788 F. Supp. 987 · District Court, N.D. Ohio · Mar 31, 1992

Finally, Judge Zieba argues that he is entitled to qualified immunity from Mumford’s damages claims because the law did not clearly establish whether Mumford could be discharged based on his political affiliations. … QUALIFIED IMMUNITY In his motion for summary judgment, Judge Zieba contends that he is entitled to qualified immunity from Mumford’s claim for damages because the law did not clearly establish whether Mumford could be terminated

Charles Waters v. B. Madson

921 F.3d 725 · Court of Appeals for the Eighth Circuit · Apr 11, 2019

To overcome qualified immunity, a plaintiff must allege (1) a violation of his statutory or constitutional rights, and (2) that “the right at issue was ‘clearly established’ at the time of [the] defendant’s alleged misconduct … De La Rosa, 852 F.3d at 745-46 (examining arguable reasonable suspicion under the “clearly established” prong of qualified immunity).