Case law
Opinions from 1658 to today.
10,000+ results
4.46s
Pleasant View Baptist Church v. Andy Beshear
78 F.4th 286 · Court of Appeals for the Sixth Circuit · Aug 14, 2023
clearly established in the future. … To defeat the Governor’s qualified-immunity defense, they must prove that Tandon’s legal framework was “clearly established at the time” that the Governor acted. Wesby, 138 S.
Cited 14 timesPublished298 Ga. 770 · Supreme Court of Georgia · Mar 25, 2016
The trial court denied the motion, ruling that it was possible that facts could be shown in discovery that would establish that neither quasi-judicial immunity nor sovereign immunity applied. … But, Cameron did not make such a pronouncement about qualified immunity under the laws of this state.
Cited 104 timesPublished449 F.3d 709 · Court of Appeals for the Sixth Circuit · Jun 2, 2006
Qualified Immunity “[T]he Supreme Court [has] held that ‘government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established … Second, we consider whether the violation involved a clearly established constitutional right of which a reasonable person would have known.
Cited 216 timesPublished316 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.
Cited 6 timesPublishedWitt 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.
Cited 173 timesPublished766 F. Supp. 909 · District Court, D. Colorado · Jun 7, 1991
Once a defendant raises a qualified immunity defense, the plaintiff assumes the burden of showing that the defendant has violated clearly established law. Hannula, 907 F.2d at 131 . … The principles of qualified immunity entitle Wayne to summary judgment on the ground that, in light of the clearly established law governing the use of force, he could, as a matter of law, reasonably have believed that his
Cited 1 timesPublishedGeorge Mitchell v. State of Washington
818 F.3d 436 · Court of Appeals for the Ninth Circuit · Mar 14, 2016
Qualified Immunity — Clearly Established Despite the fact that we hold that the violation of a constitutional right occurred, Dr. … Bell is entitled to qualified immunity if it was not “clearly established” that his actions would violate Mitchell’s constitutional rights. 7 Pearson, 555 U.S. at 232 , 129 S.Ct. 808 . At the time of Dr.
Cited 210 timesPublishedLeonel Buenrostro v. Pablo Collazo, A/K/A Pablo Collazo Marrero
973 F.2d 39 · Court of Appeals for the First Circuit · Aug 26, 1992
Hence, state officials exercising discretionary authority are entitled to qualified immunity insofar as their conduct does not transgress clearly established constitutional or federal statutory rights of which a reasonably … The next step is to ascertain whether the right at issue was “clearly established” at the time of infringement. See Anderson, 483 U.S. at 640 , 107 S.Ct. at 3039 .
Cited 93 timesPublishedDistrict Court, D. New Jersey · Oct 15, 2021
Judicial immunity was established to permit judges to render decisions “with independence and without fear of consequences.” Pierson v. … App’x 645 (3d Cir. 2005) (“The § 1983 qualified immunity analysis applies equally to claims brought against public officials under § 1985; if an official is immune from suit under § 1983, that official also is immunized
Cited 0 timesUnknownCindy Laine Franklin v. Chris Curry
738 F.3d 1246 · Court of Appeals for the Eleventh Circuit · Dec 23, 2013
DISCUSSION Qualified immunity shields government officials acting within their discretionary authority from liability unless the officials “violate clearly established statutory or constitutional rights of which … Thus, to evaluate their entitlement to qualified immunity, we ask whether Franklin has alleged a violation of a constitutional right and, if so, whether the constitutional right violated was clearly established at the
Cited 195 timesPublished827 F.2d 679 · Court of Appeals for the Tenth Circuit · Sep 1, 1987
established law.” … violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery.”
Cited 12 timesPublished807 F. Supp. 1299 · District Court, W.D. Michigan · Nov 25, 1992
However, the qualified immunity doctrine shields government officials performing discretionary functions from civil damages liability provided their conduct “does not violate clearly established statutory or constitutional … Skipski violated a clearly established constitutional right. Therefore, her motion will be granted based upon the doctrine of qualified immunity.
Cited 22 timesPublished922 F. Supp. 2d 524 · District Court, D. South Carolina · Feb 7, 2013
“To escape dismissal of a complaint on qualified immunity grounds, plaintiffs must (1) allege a violation of a right (2) that is clearly established at the time of the violation.” Evans v. … Clearly Established The second prong of the qualified immunity analysis requires the court to consider “whether the constitutional right violated ‘was clearly established in the specific context of the case — that is, [whether
Cited 2 timesPublished992 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
Cited 37 timesPublishedMilitello 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 .
Cited 5 timesPublishedIntermediate Court of Appeals of West Virginia · Nov 4, 2024
to a good faith report of child abuse or neglect; and both are entitled to qualified immunity because there is no allegation that they violated a clearly established 3 law … “[I]t is well- established that matters involving qualified immunity, such as the case presently before us, require a type of ‘heightened pleading’ standard.” W. Virginia Reg'l Jail & Corr. Facility Auth. v.
Cited 0 timesPublishedHoward v. Kansas City Police Department
570 F.3d 984 · Court of Appeals for the Eighth Circuit · Jul 2, 2009
“Qualified immunity protects a government official from lia *988 bility in a section 1983 action unless the official’s conduct violated a clearly established constitutional- or statutory right of which a reasonable person … was clearly established at the time of the deprivation.
Cited 145 timesPublished918 F.3d 414 · Court of Appeals for the Fifth Circuit · Mar 11, 2019
III Villanueva and Ebrom argue that since the court granted Phillips and Morin qualified immunity, they should be immune too. … , Shaw has not appealed Phillips' qualified immunity.
Cited 125 timesPublished543 F. Supp. 922 · District Court, E.D. Virginia · Jul 19, 1982
The defendants also raise the qualified immunity of Procunier v. Navarette, 434 U.S. 555 , 98 S.Ct. 855 , 55 L.Ed.2d 24 (1978), as a ground for dismissal. … Fitzgerald,U.S. -,-, 102 S.Ct. 2727, 2735-2738 , 73 L.Ed.2d 396 (1982) (eliminates subjective component of good-faith immunity). This federal immunity defense clearly does not violate due process.
Cited 20 timesPublishedMarcus Evans v. Lorenetta Smith
Court of Appeals for the Eighth Circuit · Aug 22, 2025
And second, was the right clearly established at the time? If either answer is no, then qualified immunity applies.” Id. (cleaned up). … Under this Court’s precedent on the clearly established prong, officers are entitled to qualified immunity unless “the violative nature of [the] particular conduct is clearly established.” See Kelsay v.
Cited 0 timesPublished
Ask Donna