Case law

Watkins v. United States Postal Employee

611 F. App'x 549 · Court of Appeals for the Eleventh Circuit · May 4, 2015

“Qualified immunity offers complete protection for individual government officials performing discretionary functions ‘insofar as their conduct does not violate clearly established statutory or constitutional rights of which … In considering whether an official is entitled to qualified immunity, the court must decide whether the facts alleged show the defendant violated a constitutional right and whether the right was clearly established.

Kevin Chestnut v. Officer Dawain Wallace

947 F.3d 1085 · Court of Appeals for the Eighth Circuit · Jan 21, 2020

When Wallace moved for summary judgment on the ground of qualified immunity, a defense that protects an individual defendant from suit when his conduct does not violate clearly established constitutional rights, see White … Wallace’s questioning and detention of Chestnut was not objectively unreasonable in light of clearly established law. Officer Wallace is thus entitled to qualified immunity.

City of Corinth v. Gladys

916 S.W.2d 618 · Court of Appeals of Texas · Mar 14, 1996

Fairfield filed an original answer asserting his affirmative defense of qualified or official immunity. … The City argues that the establishment of Fairfield’s qualified immunity protects the City from liability that may exist under section 101.021(2) of the Texas Tort Claims Act, which provides governmental liability for “personal

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

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.

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.

Joseph D. Leeks v. Lowell K. Cunningham, Mr. Carson P. Bass Joseph A. Kemper M. Press

997 F.2d 1330 · Court of Appeals for the Eleventh Circuit · May 18, 1993

The Tenth Circuit affirmed the-denial of qualified immunity, finding that as of 1980 it was “unequivocal” that the law as to the forced medication of a pretrial detainee was clearly established. Id. at 688 . … Thus, in assessing appellant’s qualified immunity claim, our concern is whether statutory or case law existed in July 1989 to clearly establish that a county jail pretrial detainee had a right under the Due Process Clause

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).

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.

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.

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.

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.

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.

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 .

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.

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