Case law

Lombardi Rest Home, Inc. v. Richter

63 Conn. App. 646 · Connecticut Appellate Court · Jun 5, 2001

II In addition, the defendants raise the question of whether they are entitled to qualified immunity. … . . . assessed in light of the legal rules that were clearly established at the time it was taken.”

Deborah Audra Skousen v. Brighton High School, Paul Rambo, a Michigan State Trooper

305 F.3d 520 · Court of Appeals for the Sixth Circuit · Sep 26, 2002

We do, however, retain jurisdiction over the legal question of qualified immunity, which requires a determination of whether a given set of facts violates a clearly established right. Mat-tox, 183 F.3d at 519 . … all, and then must determine whether the claimed right was clearly established, before proceeding to the qualified immunity question).

Ter Beek v. City of Wyoming

297 Mich. App. 446 · Michigan Court of Appeals · Jul 31, 2012

Therefore, when the immunity granted in MCL 333.26424(a) is read in context with MCL 333.26422(b) and (c), it is plain that the immunity was not intended to exempt qualified medical-marijuana users from federal prosecutions … The CSA provisions do not preempt the MMMA’s grant of immunity as found in MCL 333.26424(a) because it is well established that Congress cannot require the states to enforce federal law.

Robert Kennedy v. City of Cincinnati

595 F.3d 327 · Court of Appeals for the Sixth Circuit · Feb 16, 2010

Page 7 Kennedy failed to show that his clearly established rights were violated. … alleged by the plaintiff constitute a violation of clearly established law.”).

Foley v. University of Houston System

324 F.3d 310 · Court of Appeals for the Fifth Circuit · Mar 6, 2003

Public officials are entitled to qualified immunity when “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known”. Harlow v. … However, the test for qualified immunity is whether the Appel-lees have asserted the deprivation of a statutory right under clearly established law.

Raymond Kelley v. Chad Pruett

Court of Appeals for the Eighth Circuit · Jan 8, 2026

or statutory right; and (2) the right was clearly established at the time of the deprivation.’” … Stopping there, the district court also did not consider the clearly established prong of the qualified immunity analysis.

Fifield v. Eaton

669 F. Supp. 2d 294 · District Court, W.D. New York · Oct 20, 2009

The doctrine of qualified immunity shields government officials from liability for civil damages where their performance of their discretionary duties does not violate “clearly established statutory or constitutional rights … that it would not violate clearly established rights.

Mark Robbins v. Randy Becker, Sr.

715 F.3d 691 · Court of Appeals for the Eighth Circuit · May 22, 2013

qualified immunity. … established”); Katosang v.

Harris v. City of Balch Springs

33 F. Supp. 3d 730 · District Court, N.D. Texas · May 21, 2014

Government officials who perform discretionary functions are entitled to the defense of qualified immunity, which shields them from suit as well as liability for civil damages, if their conduct does not violate “clearly established … The court, however, will not set the action for trial until the issue of qualified immunity is resolved on appeal.

Berrios-Cintron v. Cordero

976 F. Supp. 110 · District Court, D. Puerto Rico · Aug 27, 1997

Whether qualified immunity will protect an official from being held personally liable will depend on the ‘objective legal reasonableness’ of the action, assessed in light of the legal rules that were ‘clearly established’ … Cohalan in further analysis of the qualified immunity issue.

J.P. v. County of Alameda

District Court, N.D. California · Nov 19, 2021

See Shafer, 868 F.3d at 1117 (holding that 2 qualified immunity applies if no clearly established law exists on the issue); see also White v. Pauly, 137 S. … City of Santa Maria, 915 F.3d 12 592, 603 (9th Cir. 2019) (“[O]ur qualified immunity determination with respect to Officer Brice rests 13 solely on the ‘clearly established’ law prong; we do not reach the question of whether

Price v. Kelly

847 F. Supp. 163 · District Court, District of Columbia · Mar 24, 1994

The Supreme Court established the current qualified immunity analysis in Harlow v. Fitzgerald, 457 U.S. 800 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982). … As discussed, the second half of the two-part qualified immunity analysis focuses on whether or not the constitutional rights were clearly established at the time of the violation, such that defendants knew or should have

Demoret v. Zegarelli

451 F.3d 140 · Court of Appeals for the Second Circuit · Jun 8, 2006

I Qualified Immunity 24 Qualified immunity protects government officials from civil liability when performing discretionary duties "insofar as their conduct does not violate clearly established statutory or constitutional … clearly established law.

James v. Bryant, Jr. v. United States Treasury Department, Secret Service, and Jeff Jordan Brian v. Hunter

903 F.2d 717 · Court of Appeals for the Ninth Circuit · May 18, 1990

Racansky, 887 F.2d 183 (9th Cir.1989) (reversing district court’s denial of summary judgment on the basis of qualified immunity, finding that alleged conduct did not violate clearly established law), Merriman v. … 5 We conclude that the law was not clearly established.

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 .

Webb v. Haas

665 A.2d 1005 · Supreme Judicial Court of Maine · Oct 10, 1995

Haas contends that he is protected from the Webbs’ action by the doctrine of qualified immunity pursuant to 42 U.S.C.A. § 1983 8 because he has not violated a clearly established right of the Webbs’. … Pursuant to the doctrine of qualified immunity, “ ‘government officials performing discretionary functions[] generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established

Kvech v. New Mexico Department of Public Safety

987 F. Supp. 2d 1162 · District Court, D. New Mexico · Nov 30, 2013

established prong of the qualified immunity analysis. … Clearly Established Rights in the Qualified Immunity Analysis.

Young v. Akal

985 F. Supp. 2d 785 · District Court, W.D. Louisiana · Dec 2, 2013

The court’s first inquiry in the examination of a defendant’s claim of qualified immunity is whether the plaintiff has “alleg[ed] the violation of a clearly established constitutional right.” King v. … Qualified immunity cloaks a police officer from liability if a reasonably competent law enforcement agent would not have known that his actions violated clearly established law. Jackson v.

Doe Ex Rel. Doe v. Rains Independent School District

865 F. Supp. 375 · District Court, E.D. Texas · Sep 30, 1994

Under the shield of qualified immunity, White cannot be held liable unless Doe’s constitutional rights and White’s duty with respect to those rights were clearly established when the events giving rise to the instant action … Unless White’s duty under this test was clearly established at the time of the events giving rise to this lawsuit, White is entitled to the shield of qualified immunity. See Spann v.

Kutilek v. Gannon

132 F.R.D. 296 · District Court, D. Kansas · Sep 24, 1990

It is premised on the contention that the challenged conduct was undertaken in good faith or did not violate clearly established law or constitutional rights that a reasonable person would have known. … functions will be shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known, is resolved, discovery