Case law

Jeremiah Hogan v. Lincoln Medical Partners

2025 ME 22 · Supreme Judicial Court of Maine · Mar 4, 2025

Even construed strictly because it is in derogation of the common law, the immunity statute is clearly broad in scope. See Jamison v. … As to Hogan’s assertion that the immunity provision violates the child’s constitutional right of bodily integrity, “[i]n the context of COVID-19, courts across the country have concluded that Jacobson established that there

Chipman v. City of Florence

858 F. Supp. 87 · District Court, E.D. Kentucky · Aug 2, 1994

ANALYSIS It is well-settled that government officials performing discretionary functions generally have qualified immunity from liability for civil damages insofar as their conduct does not violate a clearly established constitutional … The court also stated: “To determine whether qualified immunity protects [the officers] we must inquire: 1) whether [the plaintiff] identified a clearly established right alleged to have been violated; and 2) whether a reasonable

Elyese Anderson v. Michael Waddle

Court of Appeals for the Eighth Circuit · Feb 8, 2010

Qualified Immunity: General Principles “The doctrine of qualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or … Qualified immunity is not only a defense to liability but also an immunity from suit. Id.

Baxter v. Bracey

140 S. Ct. 1862 · Supreme Court of the United States · Jun 15, 2020

Applying our qualified immunity precedents, the Sixth Cir- cuit held that even if the officers’ conduct violated the Con- stitution, they were not liable because their conduct did not violate a clearly established right. … There likely is no basis for the objective inquiry into clearly established law that our modern cases prescribe.

Harrison v. Ash

539 F.3d 510 · Court of Appeals for the Sixth Circuit · Aug 28, 2008

2) whether that right was clearly established. … Thus, qualified immunity allows suits which allege the violation of a clearly established constitutional right to go forward while insulating officers against suits that are frivolous or where a reasonable officer attempting

Danese v. Asman

875 F.2d 1239 · Court of Appeals for the Sixth Circuit · May 26, 1989

The defendants contend that they should be dismissed as individual defendants on the grounds of qualified immunity. We hold that the defendants are entitled to qualified^, immunity and therefore, reverse. … After the amendment, the defendants moved for summary judgment on the qualified immunity issue.

Estate of Lopez v. Gelhaus

149 F. Supp. 3d 1154 · District Court, N.D. California · Jan 20, 2016

The defense 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 … Based on the review of the cases above, the court finds *1165 that it was clearly established, and thus, qualified immunity does not shield Gelhaus from liability.

Browne v. County of Tehama

213 Cal. App. 4th 704 · California Court of Appeal · Feb 6, 2013

such intention is made clearly to appear either by express declaration or by necessary implication.’ … The Ordinance is clearly not a ban. 11 Simply put, the Ordinance does not prohibit the cultivation of medical marijuana by qualified patients.

Davila v. City of New York

139 A.D.3d 890 · Appellate Division of the Supreme Court of the State of New York · May 18, 2016

Moreover, under the circumstances of this case, the officers’ actions would be entitled to qualified immunity as a matter of law. … “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” (Mullenix

Patrick Neal Nerren v. Livingston Police Department Billy Ray Nelson, Sheriff and Bob Key, and Matthew Parrish, and Robert Alston

86 F.3d 469 · Court of Appeals for the Fifth Circuit · Jul 2, 1996

They contend that the district court erred in denying their motion for summary judgment based on qualified immunity. As Nerren has stated a claim under clearly established law, we affirm. … immunity: Under currently applicable law, Nerren has alleged a violation of a clearly established right. *474 2.

Romero v. Kitsap County

931 F.2d 624 · Court of Appeals for the Ninth Circuit · May 1, 1991

However, when qualified immunity is at stake, a court must first determine whether the law has been clearly established. Tribble, 860 F.2d at 324 . … By extension, the qualified immunity defense extends to conduct that does not violate clearly established statutory, constitutional, or treaty-based rights 6 The Fourth Circuit observes: Often trial can yet be avoided if

Angus v. Mayorkas

District Court, W.D. Texas · Apr 29, 2022

To the extent Plaintiff attempts to argue that she was more qualified than J.C., the evidence is insufficient to establish pretext because it does not show that Plaintiff clearly was more qualified than J.C. … See Price, 283 F.3d at 723 (stating that to establish pretext, the losing candidate’s qualifications must “leap from the record and cry out to all who would listen that [s]he was vastly—or even clearly—more qualified for

David Wayne Givens v. Jimmy Jones, Terry Morris, Zak A. Ajans, M.D., Frederick Stephenson, Jr., Georgia Slater, and Denny Vasquez

900 F.2d 1229 · Court of Appeals for the Eighth Circuit · Apr 9, 1990

The standard we must apply in deciding whether the defendants are entitled to qualified immunity is well established. … Ajans on the basis of qualified immunity.

Sherika Franklin v. Jason Popovich

111 F.4th 1188 · Court of Appeals for the Eleventh Circuit · Aug 6, 2024

Thus, the court concluded, Franklin had not shown that Popovich violated clearly established law, and Popovich was entitled to qualified immunity. Franklin appealed. … concluded” that “the circumstances justified the use of deadly violation as well as the clearly established prong of the qualified immunity analysis. Id. at 1009–13.

Hart v. City of Jersey City

308 N.J. Super. 487 · New Jersey Superior Court Appellate Division · Feb 25, 1998

The trial judge was correct to conclude that plaintiff had made no prima facie showing that a clearly established right was impinged. … It is clear also that the issue of qualified immunity was a fit subject for disposition in the pre-trial phase of the suit.

Luisa A. De Abadia v. Hon. Luis Izquierdo Mora

792 F.2d 1187 · Court of Appeals for the First Circuit · Jun 27, 1986

immunity, the law was not clearly established in plaintiff’s favor. … For now we merely hold, finding appellants to be at least reasonable in believing the law was not clearly established, that they are entitled to qualified immunity from suit.

Gabriel Coker v. Arkansas State Police

734 F.3d 838 · Court of Appeals for the Eighth Circuit · Nov 5, 2013

In a § 1983 action, qualified immunity shields a government official from liability "unless his conduct violates 'clearly established statutory or constitutional rights of which a reasonable person would have known.'" … the defendant violated a clearly established right."

Patricia Mueller, Paul Mueller v. Douglas Tinkham and Michael Hanlen

162 F.3d 999 · Court of Appeals for the Eighth Circuit · Dec 16, 1998

his actions violated a clearly established right. … Qualified immunity protects “state actors from personal liability where their actions, though unlawful, are nevertheless objectively reasonable in light of the clearly established law.” Rogers, 133 F.3d at 1119.

Bistrian v. Levi

299 F. Supp. 3d 686 · District Court, E.D. Pennsylvania · Mar 6, 2018

established. 107 The failure of either prong will result in the official being entitled to qualified immunity. 108 Here, Plaintiff has not shown that he had a clearly established right to be removed from the SHU within the … was clearly established.

Bailey v. Iles

87 F.4th 275 · Court of Appeals for the Fifth Circuit · Nov 21, 2023

However, “[a] qualified immunity defense alters the usual summary judgment burden of proof” because the plaintiff, to overcome qualified immunity, “must rebut the defense by establishing a genuine [dispute of material … An officer is entitled to qualified immunity “if there is no violation, or if the conduct did not violate law clearly established at the time.” Id.