Case law

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 .

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.

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”).

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

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.

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.

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

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.

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.

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 §

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.

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)

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.

Raju v. Rhodes

809 F. Supp. 1229 · District Court, S.D. Mississippi · Nov 20, 1992

Consequently, in assessing defendant’s right to qualified immunity, the court must determine “whether any of these claims rests upon such clearly established law that the defendant^ ha[s] forfeited [his] qualified immunity … Raju cannot establish, in order to overcome Dr. Rhodes’ qualified immunity, the violation of a clearly established constitutional right in regard to his substantive due process claim. C.

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.

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

Flora v. Sw. Iowa Narcotics Enforcement Task Force

292 F. Supp. 3d 875 · District Court, S.D. Iowa · Feb 12, 2018

Qualified Immunity Standard "Qualified immunity shields a government official from liability and the burdens of litigation unless the official's conduct violates a clearly established constitutional or statutory right of … immunity because her advice contravened clearly established law.

Marshall v. Russell

391 F. Supp. 3d 672 · District Court, S.D. Texas · Sep 20, 2018

Russell alleged he is entitled to qualified immunity because he did not violate any clearly established constitutional right. ECF No. 55 at 32-34. Sgt. … Qualified immunity.

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.”).

Alamo Workforce Development, Inc. v. Vann

21 S.W.3d 428 · Texas Court of Appeals, 4th District (San Antonio) · May 2, 2000

Clearly this statutorily-defined structure establishes that work *433 force boards act as arms of the State and carry out the policies established by the Texas Workforce Commission. … This evidence is consistent with statutory provisions which establish service delivery areas for qualifying localities. See 29 U.S.C.A. § 1511 (West 1999).