Case law

Denno Ex Rel. Denno v. School Board of Volusia County

959 F. Supp. 1481 · District Court, M.D. Florida · Feb 3, 1997

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. Mitchell v. … In this case, the Court finds that Roberts and Wallace are entitled to dismissal on the basis of qualified immunity because the law is not so “clearly established” in such a “concrete and factually defined context” to make

Valdez v. Farmon

766 F. Supp. 1529 · District Court, E.D. California · Jun 11, 1991

event to compel her to give up that clearly established right. … A defendant is entitled to a qualified immunity if: 1. the law allegedly violated was not clearly established (a legal issue); 2. assuming that the law was clearly established, a reasonable person in the same circumstances

England v. Hendricks

880 F.2d 281 · Court of Appeals for the Tenth Circuit · Jul 21, 1989

On the facts before us, then, Hendricks and Groll would be entitled to qualified immunity if it was not clearly established under Utah law at the time of their actions that a store owner could not be charged under the aiding … Since the decision to charge did not violate clearly established law at the time of the officers’ actions, they are immune from suit.

Hall v. Sutton

581 F. App'x 580 · Court of Appeals for the Seventh Circuit · Nov 5, 2014

Qualified immunity “protects government officials from suit for damages when their conduct does not violate clearly established statutory or constitutional rights.” Pearson v. … Courts may address the two prongs of qualified immunity in either order. Pearson, 555 U.S. at 236 , 129 S.Ct. 808 .

Buchwald v. University of New Mexico School of Medicine

159 F.3d 487 · Court of Appeals for the Tenth Circuit · Oct 20, 1998

to qualified immunity. … Finally, we REVERSE the district court’s denial of Klepper and Atencio’s motion for summary judgment on the grounds of qualified immunity because we conclude that the law was not clearly established.

Outlaw v. City of Meriden

43 Conn. App. 387 · Connecticut Appellate Court · Oct 1, 1996

“The Supreme Court has expressly encouraged the use of summary judgment when qualified immunity is raised as a defense. … “As a general rule, police officers are entitled to qualified immunity if (1) their conduct does not violate clearly established constitutional rights, or (2) it was objectively reasonable for them to believe their acts did

Smith v. Finch

324 F. Supp. 3d 1012 · District Court, E.D. Missouri · Jul 2, 2018

Under the second prong of the qualified immunity analysis, the Court must determine whether the right in question was "clearly established at the time of the defendant's alleged misconduct." … However, qualified immunity will protect an officer from liability for an arrest "if a reasonable officer could have believed [the arrest] to be lawful, in light of clearly established law and the information the [officers

Monroe Ex Rel. C.B.D. v. McNairy County

520 F. Supp. 2d 917 · District Court, W.D. Tennessee · Nov 6, 2007

When the defense of qualified immunity is raised, the plaintiff bears the burden of establishing that the “contours” of the constitutionally right allegedly violated were sufficiently clear, at the time of the alleged violation … Bryant, 502 U.S. 224 , 112 S.Ct. 534 , 116 L.Ed.2d 589 (1991)) (Qualified immunity shields police officers from suit if a reasonable officer could have believed the plaintiffs arrest to be lawful, in light of clearly established

Cook v. Cobb County, Georgia

District Court, N.D. Georgia · Aug 29, 2022

Indeed, qualified immunity shields “government officials ‘performing discretionary functions . . . from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … An arresting officer is entitled to qualified immunity unless the plaintiff shows that: (1) the defendant violated a constitutional right; and (2) the violated right was clearly established at the time of the incident

Gold v. City of Miami

121 F.3d 1442 · Court of Appeals for the Eleventh Circuit · Sep 17, 1997

Discussion Qualified immunity shields government officials performing discretionary functions from civil litigation and damage liability where "their conduct does not violate clearly established statutory or constitutional … At the time, no cases clearly established that those actions did not constitute legally proscribed disorderly conduct.

Jones v. Clark

630 F.3d 677 · Court of Appeals for the Seventh Circuit · Jan 14, 2011

- eral right at issue was clearly established at the time that the alleged violation occurred. … III As we mentioned, Officers Clark and Kaminski are entitled to immunity if their conduct did not violate clearly established constitutional rights of which a rea- sonable person would have known.

Lybrook v. Members of the Farmington Municipal Schools Board of Education

232 F.3d 1334 · Court of Appeals for the Tenth Circuit · Nov 27, 2000

When qualified immunity is raised in a Fed. R. Civ. P. 12(b)(6) motion, the plaintiff must carry the burden of establishing that the defendant violated clearly established law. Breidenbach v. … We held that Schuler’s free speech right under the First Amendment was sufficiently established that qualified immunity was not available.

Chadha v. Charlotte Hungerford Hospital

77 Conn. App. 104 · Connecticut Appellate Court · May 27, 2003

, the qualified immunity provided by §§ 19a-20 and 19a-17b and the absolute immunity provided by the common law are concurrent; that is, that “where both an absolute and qualified immunity apply, the absolute immunity trumps … judgment on the basis of qualified immunity.

Hicks v. P.O. Jenkins 8917

District Court, N.D. Illinois · Jul 30, 2024

[Dkt. 63 at 4-7.]4 Second, his actions did not violate a clearly established right, so he is entitled to qualified immunity. [Id. at 8-10.] … This is insufficient to defeat qualified immunity. Kisela v.

Nat'l Rifle Ass'n of Am. v. Vullo

Court of Appeals for the Second Circuit · Jul 17, 2025

Vullo argues that she is entitled to qualified immunity, but the NRA maintains that she violated clearly established law prohibiting coercion or retaliation violative of the First Amendment. … But under the qualified immunity analysis, general pronouncements of law are not sufficient to "clearly establish" a right.

Hambright v. Kemper

705 F. App'x 461 · Court of Appeals for the Seventh Circuit · Dec 8, 2017

immunity because, as of 2013, it was not clearly established that rescheduling the feast eight days after Ramadan’s end violated the First Amendment. … Finally Hambright challenges the magistrate judge’s ruling that Wahlstrom and Nurdeen were entitled to qualified immunity, given that Hambright had no clearly established right to have the feast served within three days of

Staats v. Brown

991 P.2d 615 · Washington Supreme Court · Jan 24, 2000

ANALYSIS Standard of Review Claims of qualified immunity from suit under § 1983 must fail if the constitutional right allegedly violated was clearly established at the time of the act. Harlow v. … Consequently, he is qualifiedly immune for claims under state law. The test for qualified immunity under federal law is an objective one, measured by reference to clearly established law. See Harlow v.

Rasche v. Berman

491 S.W.3d 182 · Court of Appeals of Kentucky · May 20, 2016

The court held that the Appel-lees were immune from Rasche’s claim that they negligently failed to cancel school, reasoning that the decision whether to close Jefferson County Public Schools is clearly an act involving the … Qualified official immunity is an affirmative defense that must be specifically pled. Gomez v.

Uche Mordi v. Todd Zeigler

770 F.3d 1161 · Court of Appeals for the Seventh Circuit · Oct 29, 2014

doctrine of qualified immunity protects government officials from liability for civil damages insofar as their conduct does not vio- late clearly established statutory or constitu- tional rights … There is no clearly established law that the three Offic- ers before us violated, and thus they are entitled to qualified immunity from suit.

Harris v. Dugger

757 F. Supp. 1359 · District Court, S.D. Florida · Jan 2, 1991

Qualified Immunity The Court next must consider the magistrate’s recommendation on the defendants’ claim of qualified immunity. … A determination of whether an official violated clearly established law itself requires the Court to make two inquiries. First, the Court must ascertain the law that was “clearly established.”