Case law

Maurice Hardaway v. Brett Meyerhoff

734 F.3d 740 · Court of Appeals for the Seventh Circuit · Nov 4, 2013

The affirmative defense of qualified immunity protects government officers from liability for actions taken in the course of their official duties if their conduct does not violate “clearly established statutory or constitutional … right, and (2) whether that right was clearly established at the time the conduct occurred.

Harrod v. Caney

547 S.W.3d 536 · Court of Appeals of Kentucky · Feb 23, 2018

Harrod filed an interlocutory appeal, arguing the claims against him are barred by absolute immunity and qualified immunity. … Coroners are entitled to qualified immunity both by statute and pursuant to common law.

Bailey ex rel. K.A. v. Preston

702 F. App'x 210 · Court of Appeals for the Fifth Circuit · Jul 13, 2017

The instant defendants are entitled to qualified immunity if their use of force was “objectively reasonable in light of clearly established law at the time the challenged conduct occurred.” 13 “[Wjhile the right to *213 be … Appellants' entire argument on this second prong of the qualified immunity test is that ‘it is clearly established in the law that citizens are protected against unjustified, excessive police force.'

Gomes v. Wood

451 F.3d 1122 · Court of Appeals for the Tenth Circuit · Jun 27, 2006

Annes did not violate clearly established law of which a reasonable official would have known, she and the other defendants are entitled to qualified immunity. I. BACKGROUND A. … “[W ]here the right is clearly established, a defendant should only rarely be able to succeed with a qualified immunity defense.” Id. (internal quotation marks omitted). 2.

Martel v. TOWN OF SOUTH WINDSOR

562 F. Supp. 2d 353 · District Court, D. Connecticut · Jun 12, 2008

Qualified Immunity Determination Qualified immunity shields government officials whose conduct “does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … Thus, a qualified immunity defense is established where “(a) the defendant’s action did not violate clearly established law, or (b) it was objectively reasonable for the defendant to believe that his action did not violate

Derrick Williams v. Michael O'leary, Clyde E. Nash, Leroy Banks

55 F.3d 320 · Court of Appeals for the Seventh Circuit · May 25, 1995

Williams challenges both the district court’s implicit finding that Brewer and Kurian were public officials entitled to raise the qualified immunity defense and its explicit conclusion that it was not clearly established … The instant case clearly falls within the class of cases in which qualified immunity may be raised by a private defendant.

Johnson Ex Rel. Johnson v. Salt Lake City Corp.

629 P.2d 432 · Utah Supreme Court · May 1, 1981

We think it evident that a governmental entity’s provision of winter recreation does not qualify for immunity under this test. … Standiford , and is clearly contrary to the new test enunciated in that case and applied in this one.

Mitchell B. Tucker v. Jack Callahan Carl Glasgow Ben Brewer City of New Johnsonville (88- 5102/5179) Wilburn Springer, Officer, (88-5103/5153)

867 F.2d 909 · Court of Appeals for the Sixth Circuit · Mar 28, 1989

at least at the pleading stage, the defense of qualified immunity. … Thus, the district court concluded that Officer Springer was not entitled to qualified immunity because plaintiff had alleged facts which, if proven, would establish that defendants had violated plaintiffs “clearly established

Cosme-Rosado v. Serrano-Rodriguez

196 F. Supp. 2d 117 · District Court, D. Puerto Rico · Mar 22, 2002

QUALIFIED IMMUNITY Assuming, arguendo, that Serrano’s actions are not covered by absolute immunity, he would still enjoy qualified immunity from personal liability for money damages. … Qualified immunity shields government officials from civil damages for performing discretionary functions “insofar as their conduct does not violate clearly established rights of which a reasonable person would have known

Amity Dimock v. City of Brooklyn Center

124 F.4th 544 · Court of Appeals for the Eighth Circuit · Dec 26, 2024

The right was not “clearly established.” Rivas-Villegas, 595 U.S. at 5. The district court correctly granted qualified immunity on the officers’ warrantless entry. IV. … The right was not “clearly established.” Rivas-Villegas, 595 U.S. at 5. The district court correctly granted qualified immunity on the officers’ use of deadly force.

Buchanan v. Metz

132 F. Supp. 3d 922 · District Court, E.D. Michigan · Sep 14, 2015

violate clearly established rights of which a reasonable person would have known. … Qualified immunity is applicable unless the official’s conduct violated a clearly established constitutional right. Pearson v. Callahan, 555 U.S. 223, 232 , 129 S.Ct. 808 , 172 L.Ed.2d 565 (2009).

Williams v. City of Yazoo

41 F.4th 416 · Court of Appeals for the Fifth Circuit · Jul 15, 2022

III Qualified immunity protects officials from civil liability for conduct that “does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … Ct. 9, 11 (2021), but we have seen cases like this before. 6 The district court denied the defendants qualified immunity but did not address whether the law was clearly established.

Spooner v. Phoenix

246 Ariz. 119 · Court of Appeals of Arizona · Nov 27, 2018

To the extent these actions violate clearly established law or reflect a reckless disregard of Spooner’s rights, they are afforded no protection. … But to the extent Brown’s actions reflect the legitimate exercise of professional judgment, they are discretionary and protected by qualified immunity.

Zimmerman v. Corbett

195 F. Supp. 3d 695 · District Court, M.D. Pennsylvania · Jul 15, 2016

Qualified immunity is applicable unless the official’s conduct violated- a clearly established constitutional right. Pearson v. … Whether the right at issue is clearly established Having determined that Plaintiff alleged a constitutional violation, the Court turns the second prong of the qualified immunity analysis.

Hubbard v. Board of Education

19 Kan. App. 2d 853 · Court of Appeals of Kansas · Jun 24, 1994

In this case, the defendants argue they were entitled to qualified immunity. … The district court correctly held the Board had not violated a clearly established law and was entitled to qualified immunity for its actions.

S.W. v. Clayton County Public Schools

185 F. Supp. 3d 1366 · District Court, N.D. Georgia · May 12, 2016

Next, a plaintiff seeking to overcome a defendant’s qualified immunity privilege must show that (1) the state actor violated plaintiffs constitutional or statutory rights, and (2) those rights were clearly established at … Accordingly, Plaintiffs have failed to allege that Townsend or Jackson violated a clearly established constitutional right, meaning they are entitled to qualified immunity for the § 1983 claims. D.

Tompkins v. Vickers

26 F.3d 603 · Court of Appeals for the Fifth Circuit · Jul 25, 1994

Even if the plaintiff's actions are constitutionally protected, public officials are nonetheless entitled to qualified immunity unless the constitutional right asserted was clearly established at the time … Under Harlow, therefore, the focus of an inquiry into a defendant's qualified immunity is ordinarily the "objective reasonableness" of the official's discretionary conduct as measured by reference to clearly established

Bibeau v. Pacific Northwest Research Foundation Inc.

188 F.3d 1105 · Court of Appeals for the Ninth Circuit · Aug 19, 1999

answered for purposes of qualified immunity is whether the law was clearly established at the time of the alleged acts. … Without more involvement in the experiments, they did not violate any of Bibeau’s clearly established rights, and therefore are entitled to qualified immunity.

City of Phoenix v. Superior Court

180 Ariz. 472 · Court of Appeals of Arizona · Aug 4, 1994

The agents asserted qualified immunity as a defense. … the defendant’s version of the facts, the defendant’s conduct violated a clearly established law.

Lesley v. Department of Social & Health Services

83 Wash. App. 263 · Court of Appeals of Washington · Aug 26, 1996

CASEWORKER AND STATE QUALIFIED IMMUNITY We next address whether Maurer is entitled to qualified immunity as a matter of law. … To receive qualified immunity under section 1983, a state official performing discretionary functions must show that the official’s conduct "[did] not violate clearly established statutory or constitutional rights of which