Case law
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Skatemore, Inc. v. Gretchen Whitmer
40 F.4th 727 · Court of Appeals for the Sixth Circuit · Jul 19, 2022
The doctrine of qualified immunity provides that “government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established … Assuming Plaintiffs alleged an unconstitutional taking, they have failed to show that the alleged constitutional violation was clearly established.5 The Supreme Court has cautioned courts “not to define clearly established
Cited 69 timesPublishedClyde Weiler v. James Purkett Leah Embly
137 F.3d 1047 · Court of Appeals for the Eighth Circuit · Mar 2, 1998
DISCUSSION Qualified immunity shields government actors from suit when, “a reasonable officer could have believed [the challenged act] to be lawful, in light of clearly established law and the information the [defendants … Contours of the Right as “Clearly Established” Normally, a determination that the plaintiff has failed to allege a violation of a constitutional right ends the qualified immunity inquiry. See, e.g., Thomas v.
Cited 144 timesPublishedFrancisco Cheveras Pacheco v. Juan M. Rivera Gonzalez
809 F.2d 125 · Court of Appeals for the First Circuit · Jan 13, 1987
Defendants moved for summary judgment on the damages claim on the theory that they had not violated clearly established law and that hence they were entitled to qualified immunity. … The qualified immunity question in this case is whether it was clearly established in 1985 that a transitory employee with only a subjective expectation of permanent employment was entitled to the protections of due process
Cited 77 timesPublished131 F.4th 677 · Court of Appeals for the Ninth Circuit · Mar 10, 2025
The Administrators were not entitled to qualified immunity because it was clearly established at the time that a professor has a right to * This summary constitutes no part of the opinion of the court. … Because “it is not possible to determine at this stage as a matter of law that [Jensen] has not alleged a violation of clearly established law,” the Administrators are not entitled to qualified immunity at the pleading stage
Cited 31 timesPublished270 Mich. App. 355 · Michigan Court of Appeals · May 24, 2006
The trial court further determined that because none of the alleged conduct by the individuals amounted to a violation of a clearly established constitutional right, defendants were entitled to qualified immunity. … established,” for purposes of qualified immunity, the federal court stated, “Taylor is not and never was entitled to qualified immunity against this claim.” 46 Whether a confidential informant may bring an action under §
Reversed on other grounds by Manuel v. Gill, 481 Mich. 637 (2008)Cited 8 timesPublished78 Wash. App. 824 · Court of Appeals of Washington · Jul 12, 1995
Qualified Immunity Defense The State argues that if White engaged in protected speech, Blanchard and Harrah are immune from liability under the defense of qualified immunity. … Once the affirmative defense of qualified immunity has been raised in a case on summary judgment, the plaintiff bears the burden of demonstrating the existence of the alleged "clearly established” constitutional right.
Reversed in part, on other grounds by White v. State, 131 Wash. 2d 1 (1997)Cited 9 timesPublished405 F. Supp. 2d 714 · District Court, E.D. Texas · Dec 13, 2005
The defense of qualified immunity shields government officials performing discretionary functions from liability for civil damages insofar as their conduct does not violate clearly established rights which a reasonable person … of qualified immunity is available when the plaintiff is seeking damages.
Cited 8 timesPublished667 So. 2d 56 · Supreme Court of Alabama · Aug 4, 1995
Henson and Chief Smith and the qualified immunity of Investigator Floyd. … Lightfoot has stated a cause of action for conversion against Investigator Floyd and Floyd did not establish that he was entitled to qualified immunity as a matter of law, the summary judgment for Floyd on this claim was
Cited 18 timesPublishedBasile v. Elizabethtown Area School District
61 F. Supp. 2d 392 · District Court, E.D. Pennsylvania · Aug 12, 1999
The Supreme Court established the standard for qualified immunity in Harlow v. … (a) were clearly established.
Cited 10 timesPublishedArkansas Attorney General Reports · Jul 13, 2006
Under the doctrine of qualified immunity, an individual is immune from suit if he undertook the actions complained of in good faith in the performance of his duties and the acts do not violate any clearly established constitutional … The immunity is "qualified" because it does not apply where the activity is in violation of clearly established law that a reasonable person would have known. Id. ; Robinson v.
Cited 0 timesPublished2001 DNH 206 · District Court, D. New Hampshire · Nov 13, 2001
Qualified Immunity. … To qualify as a clearly established right, “the law must have defined the right in a quite specific manner, and . . . the announcement of the rule establishing the right must have been unambiguous and widespread, such
Cited 1 timesPublished574 F. App'x 476 · Court of Appeals for the Fifth Circuit · Jul 3, 2014
Qualified immunity protects governmental officials from liability so long as their conduct “does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … In this context, “qualified immunity turns ... on whether it was then ‘clearly established that the circumstances with which’ the officer ‘was confronted did not constitute probable cause and exigent circumstances.’ ” Pierce
Cited 4 timesPublishedMerchant v. Fairfax County, Va.
778 F. Supp. 2d 636 · District Court, E.D. Virginia · Apr 11, 2011
Yet, this does not end the qualified immunity analysis. The second step of the inquiry requires determining whether the constitutional right violated was “clearly established” in the specific context presented here. … Merchant — -was clearly established. Therefore, Officer Bauer is not entitled to summary judgment based on qualified immunity. 14 *650 B.
Cited 3 timesPublished84 F.3d 1021 · Court of Appeals for the Eighth Circuit · Jul 1, 1996
For reversal, all of the defendants, including Joy, argue that they are entitled to qualified immunity as a matter of law because plaintiffs have failed to allege a violation of any clearly established constitutional or federal … In Behrens, the defendant, an official with the Federal Home Loan Bank Board, had moved for summary judgment on qualified immunity grounds, arguing that his actions had not violated any clearly established right.
Cited 25 timesPublished560 F. Supp. 894 · District Court, M.D. Louisiana · Apr 14, 1983
Qualified immunity now depends on the objective reasonableness of an official’s conduct, as measured by reference to clearly established law, not upon malice or other subjective factors. Harlow v. … Since it is clear that qualified or “good faith” immunity is an affirmative defense, Gomez v.
Cited 3 timesPublishedFidelity Security Life Insurance v. State
191 Ariz. 222 · Arizona Supreme Court · Feb 19, 1998
That section provides in relevant part: Qualified Immunity A. … were dismissed on the pleadings under the doctrine of absolute immunity, we do not reach the question of qualified immunity.
Cited 157 timesPublished739 So. 2d 1095 · Supreme Court of Alabama · Jun 25, 1999
This Court has addressed the question presented here on other occasions, and it has recently held in Ex parte Davis, supra, that acts by a State employee may be immune from a lawsuit, on the basis of qualified immunity, if … However, acts by a State employee that are merely ministerial in nature are not protected by qualified immunity. See Defoor v.
Cited 6 timesPublished922 F.2d 1097 · Court of Appeals for the Third Circuit · Jan 29, 1991
Anderson's strict elaboration of Harlow, establishing that an official is entitled to summary judgment on grounds of qualified immunity, unless the right that the official is alleged to have violated is both clearly established … established constitutional duty and that he was entitled to qualified immunity.
Cited 45 timesPublished994 F. Supp. 2d 649 · District Court, E.D. Pennsylvania · Jan 10, 2014
‘clearly established’ at the time of the challenged conduct.” … was clearly established at the time of the challenged conduct.
Cited 22 timesPublished129 F.4th 1189 · Court of Appeals for the Ninth Circuit · Mar 3, 2025
It was clearly established law that a fatal shooting under these circumstances violated the Fourth Amendment. … Clearly Established Right Appellants insist that, even if Officers Myers and Beecroft violated Smith’s constitutional right to be free from the use of excessive force, that right was not clearly established in the circumstances
Cited 7 timesPublished
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