Case law

Brinson v. McKeeman

992 F. Supp. 897 · District Court, W.D. Texas · Dec 31, 1997

on the lawfulness of the defendant’s actions, the defendant is entitled to qualified immunity 47 Whether the conduct of which the plaintiff complains violated clearly established law is essentially a legal question. 48 In … a Section 1983 lawsuit, the relevant inquiry is whether the legal right which the plaintiff asserts was violated was clearly established under federal law. 49 Whether an official protected by qualified immunity may be held

Andrea Martinez v. Ronnet Sasse

37 F.4th 506 · Court of Appeals for the Eighth Circuit · Jun 16, 2022

Sasse moved for judgment on the pleadings based on qualified immunity. … Accordingly, Sasse is entitled to qualified immunity.

Caudill v. Hollan

431 F.3d 900 · Court of Appeals for the Sixth Circuit · Dec 14, 2005

Qualified Immunity Defendant Hollan argues that she deserves qualified immunity because the law concerning patronage dismissals of deputy county clerks was not clearly established, particularly in light of Cope … immunity due to the absence of clearly established law.

Vacha v. City of North Ridgeville

136 Ohio St. 3d 199 · Ohio Supreme Court · Jul 17, 2013

The court held that because an intentional tort may arise out of the employment relationship between a political subdivision and its employee, North Ridgeville did not establish that it was entitled to immunity as a matter … The court of appeals simply held that North Ridgeville did not establish entitlement to immunity as a matter of law. Id. at ¶ 23.

Perez v. Ellington

421 F.3d 1128 · Court of Appeals for the Tenth Circuit · Aug 22, 2005

This is an appeal from the district court’s denial of summary judgment based on a claim of qualified immunity and absolute immunity. … It is first necessary to determine exactly which clearly established constitutional right Plaintiffs claim Defendants violated.

Pinder v. Johnson

54 F.3d 1169 · Court of Appeals for the Fourth Circuit · May 30, 1995

Qualified immunity under § 1983 shields officials from civil liability unless their actions violated “clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … Where the law is clearly established, and where no reasonable officer could believe he was acting in accordance with it, qualified immunity will not attach.

Wayne Scott and Gary Johnson v. Charles Godwin

Texas Court of Appeals, 13th District · Aug 31, 2004

In conducting a qualified immunity analysis, the reviewing court first determines whether the plaintiff has alleged a violation of a clearly established constitutional right. See Siegert v. … “‘Clearly established’ for purposes of qualified immunity means that [t]he contours of the right must be sufficiently clear that a reasonable official would understand that what he is doing violates that right.”

Zitta v. Graham

996 F. Supp. 2d 272 · District Court, D. Vermont · Jan 24, 2014

As long as the conduct was “objectively legally reasonable in light of the legal rules that were clearly established at the time it was taken,” qualified immunity applies. Id. … As explained above, Officer Graham is entitled to qualified immunity because the point at which an officer’s conduct reaches state action in these circumstances has not been clearly established.

Simmie Whitt v. Roger Smith

832 F.2d 451 · Court of Appeals for the Seventh Circuit · Nov 2, 1987

On summary judgment, the judge appropriately may determine, not only the currently applicable law, but whether that law was clearly established at the time an action occurred .... … If the law was clearly established, the immunity defense ordinarily should fail, since a reasonably competent public official should know the law governing his conduct. ... ...

Smith v. Bunkley

171 A.3d 1118 · Superior Court of Delaware · Aug 3, 2016

to establish jurisdiction necessary to survive a motion to dismiss.18 Therefore, the “[p]laintiff bears the burden of establishing that sovereign immunity has been abrogated.”19 For example, in Pauley et al v. … The State Tort Claims Act provides a qualified immunity to state employees, only in their individual capacities, exempting them from liability.22 The defense of qualified immunity may be raised when: “(1) the alleged act

Craft v. Wipf

836 F.2d 412 · Court of Appeals for the Eighth Circuit · Dec 30, 1987

Government officials performing discretionary functions are entitled to qualified immunity from suit as long as their conduct does not violate “clearly established statutory or constitutional rights of which a reasonable … “Whether an official may prevail in his [or her] qualified immunity defense depends upon the ‘objective reasonableness of [his or her] conduct as measured by reference to clearly established law.’ ” Id.

Ringer v. Fallis

848 F. Supp. 519 · District Court, D. Delaware · Mar 31, 1994

QUALIFIED IMMUNITY Government officials performing discretionary functions generally are entitled to qualified immunity if “their conduct does not violate clearly established statutory or constitutional rights of which a … A court must begin its qualified immunity analysis with the determination of whether the plaintiff has alleged a violation of a clearly established constitutional right. Siegert v.

A.M. ex rel. Youngers v. New Mexico Department of Health

65 F. Supp. 3d 1206 · District Court, D. New Mexico · Dec 5, 2014

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

Stamm v. Cnty. of Cheyenne

326 F. Supp. 3d 832 · District Court, D. Nebraska · Jun 11, 2018

12 because there was no clearly established law to alert the officers that their allegedly unlawful searches would deprive Plaintiffs of their Fourth Amendment rights. 13 "To avoid qualified immunity, the asserted rights … For purposes of analyzing the individual Defendants' qualified immunity defense, the court finds this right to confidentiality was clearly established at the time of their alleged misconduct.

Manion v. Michigan Board of Medicine

765 F.2d 590 · Court of Appeals for the Sixth Circuit · Jun 24, 1985

If the law which the defendant it alleged to have violated is clearly established, then the qualified immunity defense should fail and discovery should proceed. … If the law is not clearly established, the defendant is immune.

Trevor Davis v. Christopher Allen

112 F.4th 487 · Court of Appeals for the Seventh Circuit · Aug 14, 2024

The 3 Qualified immunity shields government officials from liability “unless (1) they violated a federal statutory or constitutional right, and (2) the un- lawfulness of their conduct was ‘clearly established at the time … Whether Deputy Allen Violated Clearly Established Law Depends on Disputed Facts The parties’ disputed facts are also inextricably bound up with the question of whether Deputy Allen violated clearly established

Adam Locke v. Mya Haessig

788 F.3d 662 · Court of Appeals for the Seventh Circuit · Jun 5, 2015

The defense of qualified immunity “protects government officials ‘from liability for civil damages insofar as their con- duct does not violate clearly established statutory or consti- tutional rights of which a reasonable … Clearly Established Law in 2007 and 2008 If we accept the facts asserted by Locke, Haessig’s actions violated clearly established law at time of the violation.

Kinzer v. Jackson

316 F.3d 139 · Court of Appeals for the Second Circuit · Jan 9, 2003

The court therefore refused to accord Harris qualified immunity. … Qualified immunity shields a government employee acting in his official capacity from suit for damages under 42 U.S.C. § 1983 , unless the employee’s conduct violated clearly established rights of which an objectively reasonable

Walter v. Morton

33 F.3d 1240 · Court of Appeals for the Tenth Circuit · Aug 30, 1994

Jurisdiction 5 We have jurisdiction to hear Chief Morton's and Mayor Vickers' appeals as they are appealing a denial of qualified immunity. Qualified immunity is immunity from liability but also immunity from suit. … The "plaintiff must do more than identify in the abstract a clearly established right and allege that the defendant has violated it."

Williams v. Franklin County Board of Commissioners

145 Ohio App. 3d 530 · Ohio Court of Appeals · Aug 28, 2001

Under the doctrine of qualified immunity, public officials who perform discretionary functions are generally entitled to immunity from suit in a Section 1983 action as long as their conduct does not violate clearly established … of clearly established law and the information that he possessed.