Case law

McGory v. Metcalf

665 So. 2d 254 · District Court of Appeal of Florida · Nov 3, 1995

The next inquiry is whether the law allegedly violated was clearly established at the time of *259 the incident. … If the law was clearly established, the immunity defense ordinarily should fail, since a reasonably competent public official should know the law governing his conduct. Harlow v.

James Terry, Jr. v. City of New Orleans

609 F.3d 757 · Court of Appeals for the Fifth Circuit · Jun 21, 2010

Jurisdiction and Standard of Review “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 … Based on these principles, the Warden’s conduct did not violate clearly established law.

Roden v. Wright

646 So. 2d 605 · Supreme Court of Alabama · Aug 19, 1994

This burden is met by proof demonstrating that the defendant public official's actions 'violated clearly established constitutional law.' Zeigler [v. Jackson ], 716 F.2d [847] at 849 [11th Cir. 1983]. Accord, I.A. … Thus, in stating that "[i]t does not violate any clearly established constitutional principle for a politician . . . to write a letter to Gold Kist, Inc. encouraging the latter not to enter into an arrangement to place chicken

Perez v. Oakland County

466 F.3d 416 · Court of Appeals for the Sixth Circuit · Oct 18, 2006

We thus move to the second step of the qualified immunity test; we determine whether the right violated was “clearly established” at the time of the violation. Myers, 422 F.3d at 352 (citing Estate of Carter v. … We ultimately find that Rice is entitled to qualified immunity because no law exists that would clearly establish for a person in Rice’s position that she was violating Perez’s Eighth Amendment rights.

Vance v. Wade

546 F.3d 774 · Court of Appeals for the Sixth Circuit · Nov 17, 2008

“According to the doctrine of qualified immunity, ‘government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established … defendant did acts that violated clearly established rights.”

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

Youngbear v. Thalacker

174 F. Supp. 2d 902 · District Court, N.D. Iowa · Nov 8, 2001

Qualified Immunity 1. … The qualified immunity defense should fail if the official violates a clearly established right, because “a reasonably competent public official should know the law governing his conduct.”

Veneklase v. City of Fargo

78 F.3d 1264 · Court of Appeals for the Eighth Circuit · Apr 24, 1996

immunity and where issue appealed concerned whether or not certain given facts showed violation of "clearly established" law). … officials performing discretionary functions may rely on the defense of qualified immunity to shield them from liability for civil damages unless their conduct violates "clearly established statutory or constitutional rights

Megan McGuire v. Cory Cooper

952 F.3d 918 · Court of Appeals for the Eighth Circuit · Mar 6, 2020

“Summary judgment ‘determinations are appealable when they resolve a dispute concerning an abstract issue of law relating to qualified immunity–typically, the issue whether the federal right allegedly infringed was clearly … Qualified immunity is a doctrine that “shields a government official from liability unless his conduct violates ‘clearly established statutory or constitutional rights of which a reasonable person would have known.’”

Cantrell v. Morris

849 N.E.2d 488 · Indiana Supreme Court · Jun 21, 2006

Kellogg also quoted the standard for qualified immunity as stated by the U.S. … Supreme Court: Whether an official may prevail in his qualified immunity defense depends upon the “objective reasonableness of his conduct as measured by reference to clearly established law.”

Kindra O'Bryant v. DCP&P

Court of Appeals for the Third Circuit · Sep 16, 2026

If the specific right was not clearly established, the official is entitled to qualified immunity. Id. A. … established” prong of the qualified immunity analysis.

Espanola Way Corp. v. Murray Meyerson

690 F.2d 827 · Court of Appeals for the Eleventh Circuit · Nov 1, 1982

Further, the defense of qualified immunity is unavailable to officials who, though otherwise covered, act with malice 1 or contrary to clearly established law. Procunier v. … Fifth, a conscious attempt to deprive property owners of property without due process of law clearly contravenes established law.

Elizabeth Harvey v. Plains Township Police Department Edward J. Walsh Ronald Dombroski Plains Township Board Joan A. Chukinas

421 F.3d 185 · Court of Appeals for the Third Circuit · Aug 30, 2005

Qualified Immunity “Qualified immunity shields public officials performing discretionary functions from § 1983 and Fourteenth Amendment liability ‘insofar as their conduct does not violate clearly established statutory or … Our qualified immunity inquiry is a two step process. First, we must determine whether the defendants violated “clearly established” rights. Id.

Ferguson v. Hall

33 F. Supp. 2d 608 · District Court, E.D. Michigan · Jan 28, 1999

A government official is not entitled to qualified immunity if his conduct results in the violation of a clearly established statutory or constitutional right of which a reasonable person would have known. … To withstand a motion for summary judgment based on a claim of qualified immunity in the Sixth Circuit, a plaintiff must establish two things.

State of West Virginia ex rel. West Virginia Attorney-General, Medicaid Fraud Control Unit, and Nathan R. Lyle, in his Individual Capacity, and in his Capacity as an Employee of the West Virginia Attorney-General Medicaid Fraud Control Unit v. The Honorable Kenneth D. Ballard, Judge of the Circuit Court of Kanwaha County, and Hisel Bailey, and West Virginia Attorney-General, Medicaid Fraud Control Unit, and Nathan R. Lyle, in his Individual Capacity, and in his Capacity as an Employee of the West Virginia Attorney-General Medicaid Fraud Control Unit v. Hisel Bailey

West Virginia Supreme Court · Nov 9, 2023

Ed. 2d 272 (2001) (establishing that qualified immunity may only be overcome if the facts alleged “show the officer’s conduct violated a constitutional right”). … When discretionary acts are the basis for a claim of liability, qualified immunity applies unless clearly established and reasonably known rights or laws have been violated, or the subject conduct is fraudulent, malicious

Nicholas v. Tucker

89 F. Supp. 2d 475 · District Court, S.D. New York · Mar 14, 2000

In consequence, summary judgment the basis of qualified immunity is not appropriate. … clearly established constitutional right.); Al-Jundi v.

Ross Anthony Smith and Michael Bodak v. Mark Garretto, Individually

147 F.3d 91 · Court of Appeals for the Second Circuit · Jun 3, 1998

Qualified immunity protects a governmental official from suit for any actions that did not violate a clearly established constitutional right and those actions as to which the official had an objectively reasonable good faith … The first inquiry to be made concerning qualified immunity is whether the plaintiff has “allege[d] the violation of a clearly established constitutional right.” Siegert v.

Wolfenbarger v. Williams

826 F.2d 930 · Court of Appeals for the Tenth Circuit · Aug 3, 1987

In this appeal, the defendants make three arguments in support of their claim of qualified immunity. First, they urge that Wolfenbarger’s property interest was not clearly established. … They maintain that while it is now clearly established that Wolfenbarger has a property interest in the stereo items, it was not clearly established at the time.

Alan Beaman v. Dave Warner

776 F.3d 500 · Court of Appeals for the Seventh Circuit · Jan 13, 2015

An official is entitled to qualified immunity for conduct that does not violate clearly established statutory or constitu- 14 No. 14-1195 tional rights of which a reasonable … The second question in the qualified immunity analysis is whether the right at issue was clearly established at the time and under the circumstances presented.

Tisdale v. Gravitt

51 F. Supp. 3d 1378 · District Court, N.D. Georgia · Sep 30, 2014

Qualified Immunity Defendants also move for summary judgment on Plaintiffs on the alternative grounds of the affirmative defense of qualified immunity. … establish a constitutional violation; and second, whether the right violated was clearly established.