Case law

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.

Alto v. City of Chicago

863 F. Supp. 658 · District Court, N.D. Illinois · Aug 25, 1994

Qualified immunity will apply to an officer’s alleged misconduct unless (1) the plaintiffs constitutional rights were violated, and (2) these rights were “clearly established” at the time the alleged violation occurred. … Because the court could not find such actions clearly unreasonable under the circumstances, qualified immunity was appropriate. Id.

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.

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.

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.

Phillip Fry, Susan Fry v. Olin Melaragno, David W. Otto, Mark Barnes, Mark Pendery

939 F.2d 832 · Court of Appeals for the Ninth Circuit · Jul 29, 1991

Therefore, [u]nless 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.... … Nor do they suggest that Melaragno acted in a way which he should have known was clearly unlawful. Melar-agno is entitled to qualified immunity from suit.

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

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

Chambers v. North Rockland Central School District

815 F. Supp. 2d 753 · District Court, S.D. New York · Sep 27, 2011

by qualified immunity.” … “[E]ven where the law is ‘clearly established’ and the scope of an official’s permissible conduct is ‘clearly defined,’ the qualified immunity defense also protects an official if it was ‘objectively reasonable’ for him at

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 §

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.

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.

Raby v. Baptist Medical Center

21 F. Supp. 2d 1341 · District Court, M.D. Alabama · Sep 9, 1998

An official is entitled to qualified immunity if he is performing discretionary functions and his actions do “‘not violate clearly established statutory or constitutional rights of which a reasonable person would have known … Therefore, Mangum’s actions violated clearly established Eleventh Circuit precedent.

Patrick v. Miller

953 F.2d 1240 · Court of Appeals for the Tenth Circuit · Jan 27, 1992

These clearly established principles are insufficient, however, to defeat Defendants’ Motion for Summary Judgment on grounds of qualified immunity. … public officials lose immunity in the face of clearly established law.

Ray Scott v. Tobias J. Tempelmeyer

867 F.3d 1067 · Court of Appeals for the Eighth Circuit · Aug 16, 2017

Tempelmeyer appeals the denial of qualified immunity. … Qualified immunity shields a government official from suit when his conduct “does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v.

TM v. Noblitt

650 So. 2d 1340 · Mississippi Supreme Court · Jan 12, 1995

We are of the opinion that the lower court correctly articulated the law of qualified public official immunity, but find that the dismissal of this cause was premature. … The issue of common law qualified immunity was recently revisited in Womble v. Singing River Hosp., 618 So.2d 1252 (Miss. 1993).

Bakutis v. Dean

129 F.4th 299 · Court of Appeals for the Fifth Circuit · Feb 25, 2025

But ultimately, qualified immunity was preserved because it was not clearly established whether the use of force was reasonable in response to a call claiming a child could be physically ill. … A panel of this court found that the officers violated the Constitution but granted qualified immunity because the violation was not clearly established. Linicomn, 902 F.3d at 537, 539–40.

Crenshaw v. Lister

556 F.3d 1283 · Court of Appeals for the Eleventh Circuit · Feb 6, 2009

Turning to the issue of qualified immunity and, after finding that Crenshaw had to establish the violation of a clearly-established right, the court concluded that, under Crenshaw’s version of the facts, “no reasonable … Qualified Immunity “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

Donovan v. City Of Milwaukee

17 F.3d 944 · Court of Appeals for the Seventh Circuit · Feb 18, 1994

II. 5 Under the doctrine of qualified immunity, "governmental officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established … are entitled to qualified immunity.