Case law

Air Supply, Inc. v. Wahlder

9 La.App. 3 Cir. 107 · Louisiana Court of Appeal · Jun 10, 2009

. § 1983 , as defendants are entitled to absolute and qualified immunity. … We conclude that plaintiffs herein have failed to allege sufficient facts to assert that defendants violated a clearly established right of which a reasonable person would have known and, therefore, have failed to state a

Knussman v. State of Md.

16 F. Supp. 2d 601 · District Court, D. Maryland · Aug 13, 1998

To determine whether qualified immunity shields a public official courts should: “(1) identify the right allegedly violated, (2) decide whether that right was clearly established at the time of the alleged violation, and … Under these circumstances, the law can hardly be deemed “clearly established” and, accordingly, qualified immunity is available to all of the individual defendants. 5 Moreover, contrary to plaintiffs as *611 sertion that

Smith v. Howell

570 F. App'x 762 · Court of Appeals for the Tenth Circuit · Jul 2, 2014

Callahan, 555 U.S. 223, 231 (2009) (government officials are entitled to qualified immunity where “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would … “When a defendant asserts qualified immunity at summary judgment,” the plaintiff has the burden “to show that: (1) the defendant violated a constitutional right and (2) the constitutional right was clearly established.

Manhattan Beach Police Officers Association, Inc. v. City of Manhattan Beach David J. Thompson Harry L. Kuhlmeyer, Jr.

881 F.2d 816 · Court of Appeals for the Ninth Circuit · Aug 8, 1989

The only issue before us, however, in reviewing the denial of defendants’ claim of qualified immunity, is whether the plaintiffs have alleged the violation of norms that were clearly established at the time of the challenged … The Supreme Court has stated that state and local officials are entitled to qualified immunity if “their conduct [did] not violate clearly established statutory or constitutional rights of which a reasonable person would

James Stickley v. Karl Byrd

703 F.3d 421 · Court of Appeals for the Eighth Circuit · Jan 14, 2013

“Qualified immunity shields a government official from liability and the burdens of litigation unless his conduct violates ‘clearly established statutory or constitutional rights of which a reasonable person would have known … -3- clearly established when the alleged misconduct occurred.” Williams v. Herron, 687 F.3d 971, 974 (8th Cir. 2012).

Arreola v. City of Fort Worth

District Court, N.D. Texas · Jun 19, 2020

Qualified Immunity “Because qualified immunity is an immunity from suit rather than a mere defense to liability,” it is important to resolve “immunity questions at the … Ochsendorf further argues that the Fifth Circuit law is “far from clearly established” as to any such claim. Id.

McGrath v. Scott

250 F. Supp. 2d 1218 · District Court, D. Arizona · Mar 12, 2003

In Harlow , the Supreme Court established the test for qualified immunity as whether the official violated “clearly established [federal] statutory or constitutional rights of which a reasonable person would have known.” … Here, State Defendants asserted the affirmative defense of qualified immunity. Therefore, the burden of persuasion shifted to Plaintiff to establish a violation of a clearly established federal right.

Sims Ex Rel. Sims v. Forehand

112 F. Supp. 2d 1260 · District Court, M.D. Alabama · Sep 5, 2000

If a question of law is unsettled, it is not clearly established, and, thus, the defendant is entitled to qualified immunity. See Daniel v. Taylor, 808 F.2d 1401, 1403 (11th Cir.1986). … For another example of a case that found the "clearly established” requirement satisfied and denied qualified immunity without citing a previous case with similar facts, see Powell v. M.C.

Opinion No.

Arkansas Attorney General Reports · Jan 14, 2008

I believe an individual thus certified by the Division of Health and Human Services as an EMT would clearly qualify as a "health care professional" for purposes of applying the Good Samaritan Act. … Any first responder who qualifies as a "health care professional" would consequently enjoy qualified immunity for providing emergency care, but only if he did not receive compensation either for his time or expenses, in consideration

Wesley v. Rigney

913 F. Supp. 2d 313 · District Court, E.D. Kentucky · Dec 18, 2012

Defendant is also entitled to qualified immunity because her actions were ob *324 jectively reasonable in light of clearly established law. … However, the Court also recognized that this rule was not clearly established after Hartman and, therefore, the officer-petitioner was entitled to qualified immunity.

Wilbert Glover v. R. Paul

78 F.4th 1019 · Court of Appeals for the Eighth Circuit · Aug 24, 2023

On appeal, Paul maintains that he is entitled to qualified immunity. … Qualified immunity protects governmental officials from suit under 42 U.S.C. § 1983 unless a plaintiff shows that the official’s alleged conduct violated a clearly established right of the plaintiff. See Harlow v.

Macareno v. Thomas

378 F. Supp. 3d 933 · District Court, W.D. Washington · May 8, 2019

Government officials enjoy qualified immunity from civil damages unless their conduct violates "clearly established statutory or constitutional rights of which a reasonable person would have known." Harlow v. … Because Plaintiff's Fourth Amendment right was clearly established, the Court DENIES Defendant Officers' motion for qualified immunity. iii.

Roth v. Guzman

650 F.3d 603 · Court of Appeals for the Sixth Circuit · Jun 13, 2011

Qualified immunity protects government officials and employees performing discretionary functions “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … Relying on the Eleventh Circuit decision in Collier affirming the denial of qualified immunity to state officials for disclosures under the DPPA, the district court concluded that the plain language of the DPPA clearly established

Green v. Post

574 F.3d 1294 · Court of Appeals for the Tenth Circuit · Aug 7, 2009

Because we held that the law was not clearly established at the time of the accident, however, we held that the officer was entitled to qualified immunity. … immunity because the law was not clearly established at the time of the incident.

Massaro v. Town of Trumbull

525 F. Supp. 2d 302 · District Court, D. Connecticut · Dec 13, 2007

Qualified immunity shields police officers acting in their official capacity from suits for damages ... unless their actions *307 violate clearly-established rights of which an objectively reasonable official would have known … The defendants are therefore entitled to qualified immunity.

Jeffrey "Zeal" Stefanoff v. Hays County, Texas and Paul Hastings, Sheriff, in His Individual and Official Capacity

154 F.3d 523 · Court of Appeals for the Fifth Circuit · Nov 19, 1998

An official is not entitled to qualified immunity if, at the time the challenged action occurred, the federal law proscribing it was clearly established not only as an abstract matter but also in a more particularized sense … In order to overcome Hastings’s claim of qualified immunity, Stefanoff must specifically allege the violation of a clearly established constitutional right. See Siegert v.

Williams v. Commonwealth Of Kentucky

24 F.3d 1526 · Court of Appeals for the Sixth Circuit · May 26, 1994

qualified immunity issues. … III. 69 Defendants are not entitled to qualified immunity on Williams' First Amendment claim. It was clearly established that the speech Williams cites as the reason for her demotion addressed matters of public concern.

Kane ex rel. K.J. v. Chester County Department of Children, Youth & Families

10 F. Supp. 3d 671 · District Court, E.D. Pennsylvania · Mar 31, 2014

The CYF Motion to Dismiss next argues that the discretionary conduct of the CYF defendants is protected by the doctrine of qualified immunity because plaintiff has not pleaded a right that was so clearly established that … clearly established statutory or constitutional rights of which a reasonable person would have known.’ ” James v.

Roberts v. Lipson

231 Ga. 142 · Supreme Court of Georgia · Sep 6, 1973

from taxation or regulation should not be interpreted as including that immunity.” … It is well established in this state that exemptions from taxation must be strictly construed, "and the exemption will not be held to be conferred unless the terms under which it is granted clearly and distinctly show that

Kamel Chaney-Snell v. Andrew Young

98 F.4th 699 · Court of Appeals for the Sixth Circuit · Apr 15, 2024

Page 25 clearly established right at the second step of the qualified-immunity analysis. … Besides, Chaney-Snell could not overcome the second step of the qualified-immunity test by using these cases. Unpublished decisions cannot create clearly established rights.