Case law

Smith v. Nixon

582 F. Supp. 709 · District Court, District of Columbia · Mar 16, 1984

Sullivan and Cartha DeLoach: Qualified Immunity The remaining defendants move for summary judgment under the qualified immunity doctrine established in Harlow, supra. … of qualified immunity.

Olsen v. Idaho State Board of Medicine

363 F.3d 916 · Court of Appeals for the Ninth Circuit · Apr 7, 2004

Additionally, the Board’s proceedings are clearly adversarial, a proposition which is not in dispute. … We have previously explained that acts occurring during - a disciplinary hearing process clearly fall within the scope of absolute immunity. Mishler, 191 F.3d at 1008 .

Gregory W. Zullo v. State of Vermont

205 A.3d 466 · Supreme Court of Vermont · Jan 4, 2019

in that it violated clearly established constitutional rights of which reasonable person would have been aware) … Briggs, 475 U.S. 335, 341 (1986) (noting that qualified immunity’s clearly-established-right test protects “all but the plainly incompetent or those who knowingly violate the law”).

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

Ernest Jackson, Sr. v. Raymond Hoylman and Robert Bidwell

933 F.2d 401 · Court of Appeals for the Sixth Circuit · May 22, 1991

The court then considered the qualified immunity motion and concluded that because qualified immunity turns on the same objective reasonableness standard that the claim of excessive turns on, defendants must be denied summary … be determined before trial whether the defendant did acts that violate clearly established rights.

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."

Furtado v. Yun Chung Law

51 So. 3d 1269 · District Court of Appeal of Florida · Feb 2, 2011

“Qualified immunity shields government officials from liability for civil damages for torts committed while performing discretionary duties unless their conduct violates a clearly established statutory or constitutional right … Just as Justice Kennedy discussed qualified immunity with regard to section 1983 claims in Saucier, qualified immunity in a state claim is also an issue the trial court should address as soon as possible because the trial

Morales v. City of North Las Vegas

272 F. Supp. 3d 1216 · District Court, D. Nevada · Jul 26, 2017

Qualified immunity protects law enforcement officials “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 … This argument, without more, would likely fail the second prong of the qualified immunity inquiry because of the "longstanding principle that clearly established law should not be defined at a high level of generality ...

Biggs v. Best, Best & Krieger

189 F.3d 989 · Court of Appeals for the Ninth Circuit · Aug 30, 1999

Finally, we consider de novo a denial of summary judgment based on qualified immunity to the extent that the parties raise the “purely legal” issue of whether the right allegedly violated was clearly established. … . *994 In order to determine whether the council defendants should receive qualified immunity, we must consider (1) whether the law governing the official’s conduct was clearly established and (2) whether, given this clearly

Manuel v. Gill

270 Mich. App. 355 · Michigan Court of Appeals · May 24, 2006

The trial court further determined that because none of the alleged conduct by the individuals amounted to a violation of a clearly established constitutional right, defendants were entitled to qualified immunity. … established,” for purposes of qualified immunity, the federal court stated, “Taylor is not and never was entitled to qualified immunity against this claim.” 46 Whether a confidential informant may bring an action under §

Staley v. Lingerfelt

134 N.C. App. 294 · Court of Appeals of North Carolina · Jul 20, 1999

App. at 725-26 , 460 S.E.2d at 211 : ‘The test of qualified immunity for police officers sued under [section 1983] is whether [the officers’ conduct violated] clearly established statutory or constitutional rights of which … In ruling on the defense of qualified immunity we must: (1) identify the specific right allegedly violated; (2) determine whether the right allegedly violated was clearly established at the time of the violation; and (3)

Hollihan v. Pennsylvania Department of Corrections

159 F. Supp. 3d 502 · District Court, M.D. Pennsylvania · Jan 20, 2016

Qualified Immunity Qualified immunity protects a state actor who has committed constitutional violations if the plaintiffs rights were not clearly established when the indi *513 vidual acted. Pearson v. … The burden to establish qualified immunity rests with the defendant. Beers-Capitol, 256 F.3d at 142 n. 15.

Madison County Fiscal Court v. Kentucky Labor Cabinet

352 S.W.3d 572 · Kentucky Supreme Court · Aug 25, 2011

qualified official immunity. … As such, Appellants contend they either share the state’s sovereign immunity or are cloaked with governmental or qualified official immunity as entities performing a public function.

Gionis v. Headwest, Inc.

799 So. 2d 416 · District Court of Appeal of Florida · Nov 16, 2001

Gionis subsequently filed a motion for summary judgment as to Count VIII, on the basis that he was immune from suit under the doctrine of qualified immunity. … Once it is established that the acts in question were discretionary governmental functions, the second element requires the plaintiff to demonstrate that the government official violated the plaintiffs clearly established

Airday v. The City Of New York

District Court, S.D. New York · Sep 13, 2019

Qualified immunity shields a government official from money damages when his conduct did “not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … A defendant has qualified immunity from a due-process claim when it was not clearly established at the time of the alleged deprivation that the purported property or liberty interest of which the plaintiff was deprived

White v. State

78 Wash. App. 824 · Court of Appeals of Washington · Jul 12, 1995

Qualified Immunity Defense The State argues that if White engaged in protected speech, Blanchard and Harrah are immune from liability under the defense of qualified immunity. … Once the affirmative defense of qualified immunity has been raised in a case on summary judgment, the plaintiff bears the burden of demonstrating the existence of the alleged "clearly established” constitutional right.

Dean Birkeland v. John Jorgenson

971 F.3d 787 · Court of Appeals for the Eighth Circuit · Aug 20, 2020

and killed him–our precedent compels the conclusion that the officers’ use of deadly force in this situation was not a violation of a clearly established right. … established right.”

Cullen Reed Peppers v. Bobby F. Coates, Jr., Buster Williams

887 F.2d 1493 · Court of Appeals for the Eleventh Circuit · Nov 13, 1989

immunity, defendant must establish that plaintiff has failed to raise a genuine issue of fact material to the qualified immunity defense. 7 In Mitchell , *1497 the Court stated that in resolving a claim for qualified immunity … ’s commission of acts in violation of plaintiff’s clearly established rights.

Whitney Hodges v. City of Grand Rapids, Mich.

139 F.4th 495 · Court of Appeals for the Sixth Circuit · May 30, 2025

As we will explain, the complaint here does not establish the defense of qualified immunity because Hodges has alleged facts making plausible the inference that the officers violated Honestie’s clearly established Fourth … Qualified Immunity Having determined the proper scope of the record on appeal, we must now determine whether Hodges has plausibly alleged that the officers violated Honestie’s clearly established rights.

Richard

District Court, D. Connecticut · Dec 31, 2025

immunity. … Hollins, 297 F.3d 108, 113 n.1 (2d Cir. 2002) (Once a court “decide[s] that there is no constitutional violation, there typically is no need to address whether defendants are also protected by qualified immunity.”).