Case law

Opinions from 1658 to today.

10,000+ results

1.36s

  • COWAN v. SCHARFENBERG

    District Court, D. New Jersey · Aug 4, 2025

    Div. 2024). 20 Defendants argue that qualified immunity also bars Plaintiffs’ malicious prosecution claim. … Evanson, 615 F.3d 197, 223 (3d Cir. 2010) (stating that the defendant bears “[t]he burden of establishing entitlement to qualified immunity”). 28 future event . . .

    Cited 0 timesUnknown
  • Hill v. Miller

    878 F. Supp. 114 · District Court, N.D. Illinois · Feb 23, 1995

    As the Seventh Circuit recently reaffirmed, “[p]olice officers who use force are entitled to qualified immunity from suits for damages under 42 U.S.C. § 1983 ‘insofar as their conduct does not violate clearly established … Accordingly, Miller maintains that his conduct did not violate clearly established rights.

    Cited 10 timesPublished
  • Albert Hansen v. Ryan Aper

    Court of Appeals for the Sixth Circuit · Aug 21, 2018

    App’x 479, 484 (6th Cir. 2015) (reviewing a denial of qualified immunity to determine whether a prisoner’s constitutional right was clearly established). … Indisputably, the right to be free from “excessively forceful handcuffing” is clearly established for qualified immunity purposes. Kostrzewa v. City of Troy, 247 F.3d 633, 641 (6th Cir. 2001); see also O’Malley v.

    Cited 0 timesUnpublished
  • Williamson v. Mills

    65 F.3d 155 · Court of Appeals for the Eleventh Circuit · Sep 27, 1995

    An official sued as an individual is entitled to qualified immunity, and therefore summary judgment, if his conduct "does not violate clearly established statutory or constitutional … Qualified immunity shields Mills against a claim of arrest without probable cause if a "reasonable officer could have believed [the arrest] to be lawful, in light of clearly established law and the information the [arresting

    Cited 114 timesPublished
  • Opinion No. 91-562 (1991) Ag

    Oklahoma Attorney General Reports · May 10, 1991

    A COUNTY MAY NEVERTHELESS ESTABLISH IMMUNITY FROM TORT LIABILITY, IF IT CAN ESTABLISH FACT THAT WOULD ENTITLE IT TO ONE OF SEVERAL EXEMPTION PROVISIONS FOUND WITHIN THE ACT. … FURTHER, IMMUNITY FOR INCORPORATED CASA ORGANIZATIONS COULD ALSO BE MORE CLEARLY CONFERRED BY AMENDING THE RELEVANT PROVISION TO SPECIFICALLY ADDRESS IMMUNITY FROM VICARIOUS LIABILITY FOR THE INCORPORATED ORGANIZATION ITSELF

    Cited 0 timesPublished
  • Schiff v. Kerrigan

    625 F. Supp. 704 · District Court, D. Connecticut · Jan 2, 1986

    The term "qualified immunity" has often been used interchangeably with the term “good faith immunity." … The defendants must therefore be immune if their exercise of this discretion did not violate plaintiff’s clearly established constitutional rights. 10 .

    Cited 8 timesPublished
  • Anthony C. Greene v. Jack Barber, Edward Hillyer, Victor Gillis, William Hegarty, and the City of Grand Rapids, Michigan

    310 F.3d 889 · Court of Appeals for the Sixth Circuit · Nov 8, 2002

    Qualified Immunity for the Arrest Mr. … “If no constitutional right would have been violated were the allegations established, there is no necessity for further inquiries concerning qualified immunity.”

    Cited 909 timesPublished
  • Vázquez v. Surillo-Ruiz

    76 F. Supp. 3d 381 · District Court, D. Puerto Rico · Jan 7, 2015

    Qualified Immunity Individual-capacity Defendants now request permission from the Court to don the protective armor of qualified immunity. … : that individual-capacity Defendants’ alleged conduct violated a “clearly established” constitutional right.

    Cited 3 timesPublished
  • Bowling v. Rector

    584 F.3d 956 · Court of Appeals for the Tenth Circuit · Oct 26, 2009

    clearly established law.” … “Summary judgment based on qualified immunity is appropriate if the law did not put the officer on notice that his conduct would be clearly unlawful.” Id.

    Cited 58 timesPublished
  • Smith v. Crockett

    District Court, D. Colorado · Aug 3, 2023

    Wang’s conclusion that an inmate’s First Amendment right to a diet conforming to his sincerely held religious beliefs was clearly established since at least 2002; in other words, it is clearly established Tenth Circuit … City of Las Cruces, 584 F.3d 888, 895–902 (10th Cir. 2009) (qualified immunity unavailable at summary judgment where the plaintiff’s version of the facts, if believed, would constitute a violation of a clearly established

    Cited 0 timesUnknown
  • Bloem v. Unknown Department of the Interior Employees

    920 F. Supp. 2d 154 · District Court, District of Columbia · Feb 4, 2013

    “The doctrine of qualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … Herman, 983 F.2d 107, 110 (8th Cir. 1993) (finding a “clearly established liberty interest” for qualified-immunity purposes where trial court had issued order suspending defendant’s prison sentence, and finding it “not

    Cited 11 timesPublished
  • NAACP of San Jose/ Silicon Valley v. City Of San Jose

    District Court, N.D. California · Aug 3, 2023

    Emmons, 139 S.Ct. 500, 27 503 (2019). 1 district framed the relevant qualified immunity question as “whether it was clearly 2 established that an officer … immunity on the ground that the law is not clearly 16 established every time a novel method is used to inflict injury.”

    Cited 0 timesUnknown
  • Aiken v. Nixon

    236 F. Supp. 2d 211 · District Court, N.D. New York · Sep 30, 2002

    Qualified Immunity — General Qualified immunity is available only to defendants in their individual capacities and only on that much of the claims seeking monetary damages. Lewis v. … The Court concludes that he is entitled to qualified immunity on this claim.

    Cited 28 timesPublished
  • Brenda Cook v. Amos Taylor

    Court of Appeals of Mississippi · Feb 22, 2021

    “Waiver is a matter of law where the material facts and circumstances are undisputed or clearly established.” Univ. of Miss. Med. Ctr. v. Hampton, 227 So. 3d 1138, 1141 (¶10) (Miss. Ct. App. 2016) (quoting Bott v. … 9 judgment based upon a qualified immunity affirmative defense.

    Cited 0 timesPublished
  • Zia Trust Co. Ex Rel. Causey v. Montoya

    597 F.3d 1150 · Court of Appeals for the Tenth Circuit · Mar 9, 2010

    However, we review -5- summary judgment motions raising qualified immunity differently because “qualified immunity shields government officials . . . from liability for damages … “Ordinarily, in order for the law to be clearly established, there must be a Supreme Court or Tenth Circuit decision on point, or the clearly established weight of authority from other courts must have found the law to

    Cited 68 timesPublished
  • Sunn v. City & County of Honolulu

    852 F. Supp. 903 · District Court, D. Hawaii · May 19, 1994

    have believed that their conduct did not violate clearly established law. … Qualified immunity requires that in light of clearly established principles governing the conduct in question, the officer objectively could have believed his conduct was lawful. Anderson v.

    Cited 7 timesPublished
  • Jack McLaurin v. Keith Morton and Roger Marriott

    48 F.3d 944 · Court of Appeals for the Sixth Circuit · Mar 3, 1995

    qualified immunity question ... … [defendant] actually did commit acts that would violate -a clearly established right, then summary judgment on qualified immunity is improper.” Black, 4 F.3d at 445 .

    Cited 26 timesPublished
  • Tasha Williamson v. City of National City

    23 F.4th 1146 · Court of Appeals for the Ninth Circuit · Jan 24, 2022

    Qualified immunity shields a police officer from liability for civil damages under Section 1983 “unless the officer[] violated a clearly established constitutional right.” Monzon v. … Thus, the qualified-immunity analysis involves two prongs: (1) whether the officer’s conduct violated a constitutional right, and (2) whether that right “was clearly established at the time of the events at issue.” Id.

    Cited 60 timesPublished
  • Flatford v. City of Monroe

    17 F.3d 162 · Court of Appeals for the Sixth Circuit · Feb 22, 1994

    To withstand a motion for summary judgment on the ground of qualified immunity, the plaintiff must establish: (1) an alleged violation which implicates clearly established law, and (2) facts sufficient to create a genuine … require action in situations not implicating clearly established rights.

    Cited 69 timesPublished
  • Hardy v. Rabie

    Court of Appeals for the Tenth Circuit · Aug 4, 2025

    To overcome qualified immunity, a right must be clearly established such that “a reasonable official would understand that what he is doing violates that right.” Truman, 1 F.4th at 1235 (citation omitted). … In my view, Deputy DeHerrera’s alleged violation of the Constitution wouldn’t have been clearly established; and the absence of a clearly established violation would trigger qualified immunity.

    Cited 0 timesPublished

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