Case law
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1.43s
592 S.W.3d 619 · Supreme Court of Arkansas · Jan 16, 2020
Under that standard, Appellees are entitled to statutory immunity unless they transgress “clearly established statutory or constitutional rights of which a reasonable person would have known.” See Rainey v. … The factual allegations within the complaint failed to establish an exception to sovereign immunity and avoid statutory immunity.
Cited 12 timesPublishedGutierrez v. Massachusetts Bay Transportation Authority
437 Mass. 396 · Massachusetts Supreme Judicial Court · Aug 2, 2002
Qualified immunity. … Although the defendants claim qualified immunity as to all claims, the only remaining claim to which qualified immunity may , apply is Daniella’s excessive force claim.
Cited 118 timesPublishedMildred I. Goyco De Maldonado v. Jose A. Rivera, Etc.
849 F.2d 683 · Court of Appeals for the First Circuit · Jun 9, 1988
Where qualified immunity is the issue, the relevant query is whether, at the time of the challenged employment action, “it was clearly established that employees in the particular positions at issue, in light of the responsibilities … , qualified immunity shields that conduct.
Cited 33 timesPublishedRenee Gustafson v. William Adkins
803 F.3d 883 · Court of Appeals for the Seventh Circuit · Oct 16, 2015
Adkins is Not Entitled to Qualified Immunity Adkins also argues that the district court erred in deny‐ ing his motion for summary judgment based on the defense of qualified immunity. … The doctrine of qualified immunity “‘protects govern‐ ment officials from liability for civil damages when their conduct does not violate clearly established statutory or con‐ stitutional rights of which
Cited 36 timesPublishedTroy Lee Douthit v. Clarence Jones, Sheriff, Dallas County, Texas, and W. H. McCallum
619 F.2d 527 · Court of Appeals for the Fifth Circuit · Jun 20, 1980
The Qualified Immunity Defense. … Thus the immunity defense is not available to officials if the constitutional right allegedly infringed by them was clearly established at the time of their challenged conduct, if they knew or should have known of that right
Cited 137 timesPublishedDistrict 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.
Cited 0 timesUnknownLassiter v. Alabama A & M University, Board of Trustees
3 F.3d 1482 · Court of Appeals for the Eleventh Circuit · Oct 7, 1993
Since the contract was ambiguous, the court reasoned, it was not clearly established that the contract created a property interest. This decision reflects a misunderstanding of qualified immunity. … Because the law was clearly established, the qualified immunity doctrine cannot shield the individual capacity defendants from suit.
Cited 8 timesPublished78 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.
Cited 12 timesPublished314 F. Supp. 3d 30 · Court of Appeals for the D.C. Circuit · May 22, 2018
Bowser's *32 pleadings fail to carry his burden to state a claim of violation of clearly established law, and that his claims must therefore be dismissed on qualified immunity grounds. … Smith violated the Constitution, qualified immunity fails only if his conduct violated clearly established law in those particular circumstances. Pearson , 555 U.S. at 232 , 129 S.Ct. 808 .
Cited 1 timesPublished557 F. Supp. 2d 1189 · District Court, W.D. Washington · Apr 4, 2008
A public official who performs a discretionary function enjoys qualified immunity in a civil action for damages, provided that his or her conduct does not violate clearly established federal statutory or constitutional rights … The Supreme Court has established a two-part test for determining whether an official is entitled to qualified immunity.
Cited 32 timesPublished62 F. Supp. 3d 1268 · District Court, D. Utah · Oct 15, 2014
Qualified Immunity Defendants contend that they are entitled to qualified immunity. … Agent Barnes is entitled to qualified immunity on this claim.
Cited 7 timesPublished378 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.
Cited 11 timesPublished974 F. Supp. 46 · District Court, D. Maine · Jul 11, 1997
immunity and, consequently, the question of whether this right was clearly established at the time Gillway acted. … qualified immunity.
Cited 15 timesPublished525 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.
Cited 5 timesPublished231 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
Cited 4 timesPublished574 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.
Cited 87 timesPublishedWilliams 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.
Cited 63 timesPublished650 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
Cited 95 timesPublished570 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.
Cited 0 timesUnpublished328 F.3d 1230 · Court of Appeals for the Tenth Circuit · Apr 29, 2003
Id. at 341 , 106 S.Ct. 1092 . 67 At the same time, where the right is clearly established, a defendant should only "rarely" be able to succeed with a qualified immunity defense. 27 V-1 Oil Co. v. … Amendment principle was "clearly established."
Cited 123 timesPublished
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