Case law

Michael Kent v. County of Oakland

810 F.3d 384 · Court of Appeals for the Sixth Circuit · Jan 6, 2016

The district court found that the deputies’ use of the taser was objectively unreasonable and violated clearly established law, and it denied the deputies’ motion for summary judgment on qualified and governmental immunity … Rather, “a defendant denied qualified immunity may appeal ... *390 [only] if the issue on appeal is whether the plaintiffs, facts, taken at their best, show that the defendant violated clearly established law.”

Phillips v. Thomas

555 So. 2d 81 · Supreme Court of Alabama · Jul 21, 1989

Thus, we move to the question of whether the appellees are entitled to qualified or substantive immunity. III. Substantive Immunity. … This evidence clearly establishes the fact that Thomas's alleged negligence arose out of the performance of a ministerial act, and, therefore, that Thomas is not entitled to qualified immunity from suit.

Lion Boulos, Individually and Doing Business as Abco Food Stores v. Richard D. Wilson

834 F.2d 504 · Court of Appeals for the Fifth Circuit · Dec 23, 1987

Unless the plaintiff’s allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery.” … To rule on the claim, the court must decide whether the inspections violated “clearly established statutory or constitutional rights of which a reasonable person would have known” Harlow, supra, 102 S.Ct. at 2738 .

Kaylor v. Rankin

356 F. Supp. 2d 839 · District Court, N.D. Ohio · Mar 4, 2005

Qualified Immunity: Federal Law Qualified immunity protects “government officials performing discretionary functions ... from liability for civil damages insofar as their conduct does not violate clearly established statutory … Rankin and Radde contend they are entitled to qualified immunity because they violated no clearly established constitutional right of which they were or reasonably should have been aware.

Moore v. Williamsburg Regional Hospital

560 F.3d 166 · Court of Appeals for the Fourth Circuit · Mar 12, 2009

Holloway, 510 U.S. 510, 514 (1994) ("The cen- tral purpose of affording public officials qualified immunity from suit is to protect them ‘from undue interference with their duties and from potentially disabling threats of … These claims fail because, even if plain- tiff established the other elements of the torts, plaintiff has not presented evidence sufficient to establish that defendants’ actions were without justification or were for an improper

Rodriguez v. Panarello

119 F. Supp. 3d 331 · District Court, E.D. Pennsylvania · Aug 10, 2015

clearly established. … Moreover, to defeat a qualified immunity defense, the right allegedly violated must have been clearly established at the time of the violation.

Martinez v. Harper

14 Brief Times Rptr. 1486 · Colorado Court of Appeals · Nov 8, 1990

In sum, once a defendant raises a qualified immunity defense, the plaintiff assumes the burden of showing that the defendant violated a clearly established constitutional or statutory right of which a reasonable person would … If the plaintiff fails to meet the burden of showing how the defendant violated a clearly established right, the motion for summary judgment must be granted.

Harry A. Bendiburg, Individually and as Administrator of the Estate of Carl Bendiburg, Deceased v. Pamela S. Dempsey

19 F.3d 557 · Court of Appeals for the Eleventh Circuit · Apr 21, 1994

The court did not use the term “qualified immunity,” nor did it suggest that the law was not clearly established. Furthermore, the court submitted a special interrogatory to the jury. … The law, as established by the Anderson case in the Supreme Court, is that qualified immunity — inquiry for the qualified immunity is whether the objective, albeit, fact-specific question, whether a reasonable official could

Moss v. U.S. Secret Service

572 F.3d 962 · Court of Appeals for the Ninth Circuit · Jul 16, 2009

The R & R concluded that, with respect to the individual Agents, Plaintiffs had pleaded a violation of clearly established First Amendment law. … But even assuming that orders deferring a ruling on qualified immunity are immediately appealable in some circumstances, those circumstances are clearly-not present here.

Upton v. Thompson

930 F.2d 1209 · Court of Appeals for the Seventh Circuit · Apr 22, 1991

The district court concluded such rights were clearly established and denied the Sheriff’s motion for summary judgment. Sheriff Thompson appeals the denial of qualified immunity. II. … We conclude therefore that since the law was not clearly established in 1986 the sheriffs in these cases are protected by qualified immunity. What about 1991?

Lefemine v. Davis

732 F. Supp. 2d 614 · District Court, D. South Carolina · Jul 8, 2010

Qualified Immunity a. … Individual Capacity Defendants allege that they are entitled to qualified immunity because there was no clearly established law indicating that their conduct would violate Plaintiffs constitutional rights. (Defs. Mem.

Joe Marsh, Leroy Owens v. Butler County, Alabama, the Butler County Commission

268 F.3d 1014 · Court of Appeals for the Eleventh Circuit · Sep 26, 2001

“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. … We also do not take into account the debatable nature of this most basic question when we write about whether the law was clearly established for the purposes of qualified immunity. .

Mangual v. Toledo

536 F. Supp. 2d 127 · District Court, D. Puerto Rico · Feb 15, 2008

Qualiñed Immunity Defendants argue that Plaintiffs’ Section 1983 claims are barred by the doctrine of qualified immunity. … Public officials are therefore entitled to qualified immunity unless the facts establish that their conduct violated a constitutional right that was “clearly established” at the time of the violation such that a reasonable

Michael J. Bakalis v. Jenni Golembeski Mark R. Stephens Merrill Becker James Durkin

35 F.3d 318 · Court of Appeals for the Seventh Circuit · Nov 8, 1994

However, a plaintiff may not escape the doctrine of qualified immunity by alleging violation of a clearly established, but very broad, constitutional right. [0]ur cases establish that the right the official is alleged to … Walker, 812 F.2d 304, 307-08 (7th Cir.1987), we explained: [The Harlow qualified immunity] test would have little bite if a right “clearly established” at any level of generality could survive it.

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

Finley v. Trent

955 F. Supp. 642 · District Court, N.D. West Virginia · Feb 28, 1997

The Court finds that the right to prompt medical attention for a serious medical need was clearly established in 1994. … Summary judgment based upon qualified immunity is inappropriate “where what actually happened ... need[s] to be resolved by the trier of fact in order to reach a decision on the applicability of qualified immunity.”

Morris v. Johnson

262 Ga. App. 182 · Court of Appeals of Georgia · Jul 8, 2003

“Government officials, including police officers, are entitled to immunity from personal liability under 42 USC § 1983 if their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … S. 635, 640 (107 SC 3034, 97 LE2d 523) (1987). 5 The burden on the plaintiff to show a clearly established right is a *184 strenuous one. 6 And “if the law is not clearly established, the officer is entitled to summary judgment

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.

Reynolds v. Powell

370 F.3d 1028 · Court of Appeals for the Tenth Circuit · Jun 3, 2004

“In an action under section 1983, individual defendants are entitled to qualified immunity unless it is demonstrated that their alleged conduct violated clearly established constitutional rights of which a reasonable person … We also review the legal issues surrounding the grant of qualified immunity de novo. Id.

Ramirez v. Health Partners

193 Ariz. 325 · Court of Appeals of Arizona · Jun 23, 1998

The Act’s qualified immunity provisions are consistent with the majority (if not unanimous) rule of other jurisdictions, the UAGA, and public policy. … . ¶ 33 Plaintiffs finally contend the Act’s qualified immunity provisions violate Arizona’s equal protection clause, Ariz.