Case law

Kerr v. Waddell

183 Ariz. 1 · Court of Appeals of Arizona · Jul 13, 1995

that they were entitled as a matter of law to qualified immunity. … action is a violation) violates a clearly established right.

Trigalet v. Young

54 F.3d 645 · Court of Appeals for the Tenth Circuit · May 2, 1995

The court held that the officers were not entitled to qualified immunity on the Trigalets' substantive due process claim upon concluding that, at the time of the incident, the law was clearly established that the officers … The court concluded that the officers were not entitled to qualified immunity because the law under which defendants actions could form the basis of a constitutional claim became clearly established on March 1, 1990, when

Ramirez v. Webb

835 F.2d 1153 · Court of Appeals for the Sixth Circuit · Dec 23, 1987

Fitzgerald, 457 U.S. 800 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982), the Supreme Court established that officials are denied qualified immunity only when their alleged acts violate “clearly established statutory or constitutional … Accordingly, defendant INS agents have qualified immunity unless plaintiffs’ “rights were so clearly established when the acts were committed that any officer in the defendant’s position, measured objectively, would have

Patricia Juanita Wate v. Kenneth Kubler

839 F.3d 1012 · Court of Appeals for the Eleventh Circuit · Oct 12, 2016

force in violation of the Fourth Amendment, that was clearly established at the time. … Qualified Immunity AQualified immunity shields government officials from liability for civil damages for torts committed while performing discretionary duties unless their conduct violates a clearly established statutory

Baptist Health Medical Group, Inc. v. John Mitchell Farmer, M.D.

Court of Appeals of Kentucky · Nov 15, 2024

both bad faith and actual malice.4 Toler, 458 S.W.3d at 283. 4 We recognize that the term “qualified immunity” often refers to the doctrine of “qualified official immunity,” which is the immunity from tort liability … Farmer also did not show that Baptist Health intended to cause injury to him in violation of his clearly established rights.

Milfort v. Prevete

3 F. Supp. 3d 14 · District Court, E.D. New York · Mar 14, 2014

Qualified immunity applies when a government actor’s conduct did not violate a clearly established right, or if it would have been objectively reasonable for the official to believe that his conduct did not violate plaintiffs … However, because sufficient material facts have been established, the Court will recount the factors compelling its conclusion that Prevete was not entitled to qualified immunity.

Ronald C. Denius v. Wayne Dunlap and Gary Sadler 1

209 F.3d 944 · Court of Appeals for the Seventh Circuit · Apr 11, 2000

If the rights were not clearly established, then the official is immune from suit and the claim is dismissed. See Richardson v. … for which Dunlap cannot receive qualified immunity.

Mazurkiewicz v. New York City Transit Authority

810 F. Supp. 563 · District Court, S.D. New York · Jan 19, 1993

“The right of an individual not to be subjected to excessive force has long been *568 clearly established.” Calamia v. New York, 879 F.2d 1025, 1036 (2d Cir.1989). … Defendants must be objectively unreasonable in believing their acts do not violate plaintiffs clearly established constitutional rights for plaintiffs Count Four to escape summary judgment by the defense of qualified immunity

Marshall v. Switzer

900 F. Supp. 604 · District Court, N.D. New York · Oct 4, 1995

Accordingly, in order to establish the defense of qualified immunity, an official “must satisfy one of two tests: either that his conduct did not violate ‘clearly established’ rights of which a reasonable person would have … Absent a violation of a “clearly established” right, an official is entitled to summary judgment based upon qualified immunity. See, e.g., Richardson v. Selsky, 5 F.3d 616, 621 (2d Cir.1993).

Witt v. West Virginia State Police, Troop 2

633 F.3d 272 · Court of Appeals for the Fourth Circuit · Feb 4, 2011

"[Q]ualified immunity protects government officials from liability for violations of constitutional rights that were not clearly established at the time of the challenged conduct." Iko v. … That is, that the facts "viewed in the light most favorable to the nonmov- ing party," i.e., Witt, demonstrate that the troopers’ conduct violated no "clearly established" right. Winfield, 106 F.3d at 529.

Marvin Reeves v. Lt. Jacob King

774 F.3d 430 · Court of Appeals for the Eighth Circuit · Dec 16, 2014

King is “entitled to qualified immunity unless (1) ‘the facts alleged or shown, construed in the light most favorable to [Reeves], establish a violation of a constitutional or statutory right,’ and (2) the ‘right was clearly … In Irving, 519 F.3d at 451, we affirmed the district court’s order denying qualified immunity because it was clearly established at that time that labeling an inmate a snitch would unreasonably subject the inmate to a substantial

Delia v. City of Rialto

621 F.3d 1069 · Court of Appeals for the Ninth Circuit · Sep 9, 2010

Qualified Immunity—The City’s Employees [1] “The doctrine of qualified immunity protects govern- ment officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory … Nevertheless, we conclude that these defendants are entitled to qualified immunity because Delia has not established that this constitu- tional right was clearly established at the time of Chief Wells’s order to Delia.

Militello v. Sheriff of the Broward Sheriff's Office

684 F. App'x 809 · Court of Appeals for the Eleventh Circuit · Apr 5, 2017

Therefore, they are entitled to qualified immunity. To conclude, we emphasize that we have only addressed whether Deputies Morel and Polk violated clearly established law. … Of course, a district court’s opinion cannot create clearly established case law for purposes of qualified immunity. See Snider, 344 F.3d at 1328 .

Hendricks v. Mallozzi

District Court, N.D. New York · Jul 24, 2023

In the alternative, Defendant Delutis argues that he is entitled to qualified immunity. … the program, and (3) Defendant is not entitled to qualified immunity.

LAURO LINES s.r.l. v. Chasser

490 U.S. 495 · Supreme Court of the United States · May 22, 1989

And claims of qualified immunity may be pursued by immediate appeal, because qualified immunity too “is an immunity from suit.” Id., at 526 (emphasis in original). … S., at 524 , and held that the immunity from service of process defendant asserted did not amount to an immunity from suit — even though service was essential to the trial court’s jurisdiction over the defendant.

Wildoner v. Borough of Ramsey

316 N.J. Super. 487 · New Jersey Superior Court Appellate Division · Dec 8, 1998

Neither side contends the law regarding probable cause to arrest plaintiff was not clearly established. … Under these circumstances, it was error to decide the issue of qualified immunity as a matter of law.

Deanna Copeland v. Lucas Wicks, Defendant/Respondent.

Missouri Court of Appeals · Jan 27, 2015

To determine whether the detective is entitled to qualified immunity, we ask (1) whether the mother’s allegations make out a deprivation of a constitutional right; and (2) whether the right was clearly established at the … Qualified immunity generally turns on the objective legal reasonableness of the official’s action, assessed in light of the clearly established legal rules in place when the action was taken. Burk, 948 F.3d at 494.

Ferreira v. Westchester County

917 F. Supp. 209 · District Court, S.D. New York · Jan 19, 1996

Immunity Defense Qualified immunity shields government officials performing discretionary functions from liability for civil damages when “their conduct does not violate clearly established statutory or constitutional rights … The Court of Appeals for the Eighth Circuit held that defendants were not entitled to qualified immunity because the right — to be protected from warrantless searches absent probable cause — was clearly established.

Linda Surratt v. Brian McClarin

851 F.3d 389 · Court of Appeals for the Fifth Circuit · Mar 14, 2017

EDITH BROWN CLEMENT, Circuit Judge: In this qualified immunity case, the question on appeal is whether—in light of clearly established law at the time of the incident—officers acted objectively unreasonably when they … But qualified immunity insulates those government 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

Butler v. City Of Norman

992 F.2d 1053 · Court of Appeals for the Tenth Circuit · Apr 28, 1993

official violated the clearly established law. … The case is therefore ordered submitted without oral argument 2 In Mitchell the Court held: Unless the plaintiff's allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity