Case law

J.M.M. v. Hernandez

151 F. Supp. 3d 1125 · District Court, D. Nevada · Dec 7, 2015

Qualified Immunity under Section 1983 Qualified immunity-shields state actors from monetary liability under *1132 § 1983 unless (1) the facts alleged by the plaintiff establish a violation of the plaintiffs constitutional … rights and (2) the constitutional right in question was “clearly established” when the alleged misconduct occurred. 49 A state official enjoys qualified immunity if she “reasonably believes that [her] conduct complies with

Wilson v. Zellner

200 F. Supp. 2d 1356 · District Court, M.D. Florida · Mar 26, 2002

immunity because Plaintiff has failed to establish that the alleged constitutional right was clearly established at the time of Zellner’s actions. … Under this prong of the qualified immunity analysis the issue is whether it was clearly established at the time of Defendant Zellner’s actions that it was unlawful for a prison official to detain a prisoner for a period of

Turner v. Nelson

342 S.W.3d 866 · Kentucky Supreme Court · Jun 16, 2011

application of “qualified official immunity.” … Qualified Official Immunity from Tort Liability Turner also argues that she is entitled to “qualified official immunity” from suit.

Bobby Williams v. Robert B. Greifinger, Deputy Commissioner and Chief Medical Officer of the New York State Department of Correctional Services

97 F.3d 699 · Court of Appeals for the Second Circuit · Oct 15, 1996

Under the law of qualified immunity, govern- • ment officials may only be sued for violations of “clearly established” rules of federal law. Harlow v. … Summary judgment on the basis of a claim of qualified immunity is thus appropriate only if the court finds that the asserted rights were not clearly established, or if the evidence is such that, even when it is viewed in

Calderon v. State of Kansas

24 F. Supp. 2d 1138 · District Court, D. Kansas · May 22, 1998

Under the doctrine of qualified immunity, government officials are shielded from liability if “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have … “In analyzing qualified immunity claims, we first ask if a plaintiff has asserted the violation of a constitutional right at all, and then assess whether the right was clearly established at the time of a defendant’s actions

John Doe, a Minor, (Born 01/28/90) by His Next Friend Jane Doe Jane Doe, Individually v. State of Hawaii Department of Education, and David Keala

334 F.3d 906 · Court of Appeals for the Ninth Circuit · Jun 30, 2003

ANALYSIS A public official is not entitled to qualified immunity if his conduct violates “ ‘clearly established constitutional rights of which a reasonable person would have known.’ ” Koch, 96 F.3d at 1301 (quoting Harlow … If so, the defendant is entitled to qualified immunity only if the constitutional right that he allegedly violated was not clearly established. Id. A.

Fittanto v. Klein

788 F. Supp. 1451 · District Court, N.D. Illinois · Mar 18, 1992

Because the law in 1984 and 1985 was not clearly established, the court held that the defendants who interviewed the children were entitled to qualified immunity. Id. … Because the law in this area is not clearly established, defendant Klein is entitled to qualified immunity for her conduct. Plaintiffs counter that this case is remarkably like Snell v.

Kareem Abdul Jihaad A/K/A Mitchell X. Robinson, Jr., Cross v. Joseph O'brien, Cross-Appellee

645 F.2d 556 · Court of Appeals for the Sixth Circuit · Apr 9, 1981

We reverse the judgment of the district court, however, upon our determination that the defendant established his right to qualified good faith immunity. B. … O’Brien enforced a regulation which was valid on its face and offended no “clearly established” constitutional right.

Estate of Sinthasomphone v. City of Milwaukee

838 F. Supp. 1320 · District Court, E.D. Wisconsin · Nov 23, 1993

The majority opinion indicated, however, that they were deciding the qualified immunity issue: whether an obligation was “clearly established,” not whether a constitutional obligation existed. … The three police officers in this case are entitled to qualified immunity unless their conduct violated Konerak Sinthasomphone’s clearly established constitutional rights.

Jarvis v. WEST VIRGINIA STATE POLICE

227 W. Va. 472 · West Virginia Supreme Court · Nov 18, 2010

Postponing review of a ruling denying immunity to the post-trial stage is fruitless ... because the underlying objective in any immunity determination (absolute or qualified) is immunity from suit. … How could any court ever conclude that the general concepts of negligence do not constitute clearly established law?

Micah Riggs v. Robert Gibbs

923 F.3d 518 · Court of Appeals for the Eighth Circuit · May 8, 2019

right was clearly established at the time of the violation, such that a reasonable official would have known that his actions were unlawful.” … “Our jurisdiction to consider an appeal of an order denying summary judgment based on qualified immunity is limited to the purely legal issue of whether the facts alleged support a claim of violation of clearly established

Norman v. Ingle

Court of Appeals for the Fifth Circuit · Aug 15, 2025

When a defendant appeals a denial of summary judgment based on qualified immunity, we “have interlocutory jurisdiction to determine whether [the plaintiff’s] summary judgment facts state a claim under clearly established … has the burden of showing that qualified immunity is unavailable because they violated at least one clearly established constitutional right.

Cardall v. Thompson

845 F. Supp. 2d 1182 · District Court, D. Utah · Jan 11, 2012

After the defendant contends that qualified immunity applies, the plaintiff must prove that the defendant violated his rights, as protected by clearly established law. V-1 Oil Co. v. … Clearly Established Even if the decision to tase Brian was unconstitutional, summary judgment on the basis of qualified immunity is still appropriate if the unconstitutionality of the tasing was not “clearly established”

Rhodes v. Smithers

939 F. Supp. 1256 · District Court, S.D. West Virginia · Sep 15, 1995

Qualified Immunity. … Qualified Immunity.

Johari v. City of Columbus Police Department

186 F. Supp. 2d 821 · District Court, S.D. Ohio · Jan 23, 2002

Where a defendant moves for summary judgment based on qualified immunity, the plaintiff first must “identify a clearly established right alleged to have been violated” and second, “establish that a reasonable officer in the … The burden then shifts “to the plaintiff to establish that the defendant[’]s conduct violated a right so clearly established that any official in the defendant[’]s position [ ] would have clearly understood that [he] w[as

Brown v. City of Huntsville, Ala.

608 F.3d 724 · Court of Appeals for the Eleventh Circuit · Jun 7, 2010

Qualified Immunity “Qualified immunity offers complete protection for government officials sued in their individual capacities if their conduct ‘does not violate clearly established statutory or constitutional rights … Courts utilize a two-part framework to evaluate qualified immunity claims.14 One inquiry in a qualified immunity analysis is whether the plaintiff’s allegations, if true, establish a constitutional violation. Hope v.

Brown v. City Of Oneonta

106 F.3d 1125 · Court of Appeals for the Second Circuit · Feb 14, 1997

In addition, appellants claim qualified immunity on the ground that even if release of the list under these circumstances did violate appellees' FERPA rights, those rights were not clearly established at the time of the incident … The function of qualified immunity is to shield from suit those public officials who must make such decisions where, as here, the law is not clear, and no "clearly established right" is infringed. 67 In addition, Hartmark

Kenney v. Hawaii

109 F. Supp. 2d 1271 · District Court, D. Hawaii · Jul 31, 2000

To determine whether a defendant is entitled to the defense of qualified immunity, a court must (1) identify the right allegedly violated; (2) determine whether the right was clearly established at the time of the violation … That right is clearly established. See Kelley, 60 F.3d at 667 .

Kane v. Lewis

989 F. Supp. 2d 468 · District Court, D. Maryland · Dec 20, 2013

However, the principle itself — as well as its purposes to protect the safety of the officers and the occupants— could not be more clearly established. … Of course, as to plaintiff's state law claim, there is no qualified immunity at all. .

Cornejo v. Bell

592 F.3d 121 · Court of Appeals for the Second Circuit · Jan 4, 2010

Even qualified immunity, however, is sufficient to shield executive employees from civil liability under § 1983 if either “(1) their conduct ‘did not violate clearly established rights of which a reasonable person would have … known,’ or (2) ‘it was objectively reasonable to believe that [their] acts did not violate these clearly established rights.’ ” Young v.