Case law

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.

In Re Barbara H. Allen, Better Government Bureau, Incorporated, an Ohio Corporation v. Darrell v. McGraw Jr., Attorney General, State of West Virginia, Personally and in His Official Capacity Better Government Bureau Office of the Attorney General State of West Virginia, a Body Politic, a Corporate Instrumentality of Government With Limited Agency and Quasi-Sovereign Capacity Ken Hechler, Secretary of State, in His Official Capacity v. Donna Willis, Party in Interest. Better Government Bureau, Incorporated, an Ohio Corporation v. Darrell v. McGraw Jr., Attorney General, State of West Virginia, Personally and in His Official Capacity, Better Government Bureau Office of the Attorney General State of West Virginia, a Body Politic, a Corporate Instrumentality of Government With Limited Agency and Quasi-Sovereign Capacity Ken Hechler, Secretary of State, in His Official Capacity v. Barbara H. Allen Donna Willis, Parties in Interest. Better Government Bureau, Incorporated, an Ohio Corporation v. Darrell v. McGraw Jr., Attorney General, State of West Virginia, Personally and in His Official Capacity, Better Government Bureau Office of the Attorney General State of West Virginia, a Body Politic, a Corporate Instrumentality of Government With Limited Agency and Quasi-Sovereign Capacity Ken Hechler, Secretary of State, in His Official Capacity v. Barbara H. Allen Donna Willis, Parties in Interest

106 F.3d 582 · Court of Appeals for the Fourth Circuit · Feb 6, 1997

51 We hold, therefore, that an official who performs an act clearly established to be beyond the scope of his discretionary authority is not entitled to claim qualified immunity under § 1983. … established for qualified immunity purposes."

3502 Partners LLC v. Metropolitan Transp. Auth.

2026 NY Slip Op 01118 · Appellate Division of the Supreme Court of the State of New York · Feb 26, 2026

Plaintiff sufficiently demonstrated that the proposed amendment was not palpably insufficient or clearly devoid of merit ( see MBIA Ins. Corp. v Greystone & Co., Inc. , 74 AD3d 499, 499-500 [1st Dept 2010]). … In any event, defendants have failed to make a sufficient showing that all of them would be immune from punitive damages, and there is no dispute that one of them — Tutor Perini Corporation — does not qualify as a public

Kelly v. Jones

148 F. Supp. 3d 395 · District Court, E.D. Pennsylvania · Nov 24, 2015

The right in question was clearly established, such that qualified immunity is unwarranted. ‘ Defendants argue that Officer Jones is entitled to qualified immunity because the constitutional right allegedly violated was not … clearly established at the time Officer Jones acted.

City of Prosser v. Teamsters Union Local 839

Court of Appeals of Washington · Apr 19, 2022

Martin, 195 F.3d 1208, 1218 (10th Cir. 1999) (holding that the relevant law was “clearly established” in the post-October 1994 time frame for purposes of defendant’s claim of qualified immunity); cf. Sampson v. … and by officials acting under color of state law. 7 Article I, section 12 states: “No law shall be passed granting to any citizen, class of citizens, or corporation other than municipal, privileges or immunities

Johnson-El v. Schoemehl

878 F.2d 1043 · Court of Appeals for the Eighth Circuit · May 22, 1989

of clearly established law. … Creighton, 483 U.S. 635, 640 , 107 S.Ct. 3034, 3039 (1987) (to overcome qualified immunity, a plaintiff must allege that the official violated a clearly established right, the contours of which are sufficiently clear that

Woods v. White

689 F. Supp. 874 · District Court, W.D. Wisconsin · Jul 27, 1988

The Court has carved out a qualified immunity for government officials whose “conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … Therefore, the defense of qualified immunity is not available to defendants. See Forrester v.

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?

Pamela S. Birkenholz v. Gary Sluyter, Jon P. Schrage and Larry L. Muir, Daniel Keniston and Woodhaven Learning Center

857 F.2d 1214 · Court of Appeals for the Eighth Circuit · Dec 13, 1988

If such a violation would not have been apparent in light of available remedies, Birkenholz’ due process right is not “clearly established” for qualified immunity purposes. … Because any violation could not have been apparent, Birkenholz’ due process right was not “clearly established” for qualified immunity purposes.

Kerr v. Waddell

183 Ariz. 1 · Court of Appeals of Arizona · Jul 13, 1995

that they were entitled as a matter of law to qualified immunity. … action is a violation) violates a clearly established right.

Baldwin v. Estherville

333 F. Supp. 3d 817 · District Court, N.D. Iowa · Sep 14, 2018

In those jurisdictions, there cannot be liability unless the defendant violated "clearly established ... constitutional rights of which a reasonable person would have known." … In my prior ruling, as to qualified immunity to the federal constitutional clam, I concluded that it was not clearly established that Baldwin's conduct-operating his ATV in a ditch that was publicly-owned property-did not

Aspen Exploration Corp. v. Sheffield

739 P.2d 150 · Alaska Supreme Court · Jun 19, 1987

Second, Aspen asserts that our prior deci *153 sions establish a rule of qualified, rather than absolute, immunity. … See generally Comment, Immunity: Eliminating the Subjective Element from the Qualified Immunity Standard in Actions Brought Against Government Officials, 22 Washburn L.Rev. 577 (1983). *158 The one exception established to

Jacob Todd, etc. v. John R. Smith

Court of Appeals for the Eighth Circuit · Jan 10, 1997

At this early stage, qualified immunity would be granted only if immunity is established on the face of the complaint. Id. … Gilley, 500 U.S. 226, 232 (1991) (whether federal right has been violated is "necessary concomitant" of whether right was clearly established and objectively discernible).

East Coast Novelty Co., Inc. v. City of New York

809 F. Supp. 285 · District Court, S.D. New York · Dec 17, 1992

clearly established’ at the time it was taken.” … But, [e]ven where the law is “clearly established” and the scope of an official’s permissible conduct is “clearly defined,” the qualified immunity defense also protects an official if it was “objectively reasonable” for him

Dorsey v. Sokoloff

381 F. Supp. 3d 521 · District Court, D. Maryland · May 17, 2019

The second prong of the qualified immunity analysis examines whether a police officer's conduct violated a constitutional right that was clearly established at the time that the conduct occurred. … In consequence, the Fourth Circuit held that the officer was not entitled to qualified immunity for seven of the Taser shocks because he had violated the clearly established constitutional right of an arrestee to be free

Jenne v. Maranto

825 So. 2d 409 · District Court of Appeal of Florida · Aug 21, 2002

Section 216(b), in turn, clearly provides for suits by individuals against States. … Accordingly, the reasoning that underlies the immediate appealability of an order denying ... qualified immunity should be...

Johnson v. Wright

234 F. Supp. 2d 352 · District Court, S.D. New York · Dec 6, 2002

Violation of Clearly Established Law The Supreme Court recently addressed the issue of what constitutes “clearly established law” for purposes of the qualified immunity defense. See Hope v. … Objective Reasonableness of Officers’ Actions It is not sufficient for the qualified immunity analysis to determine that the right violated was clearly established at the time of its violation.

West Virginia Lottery v. A-1 Amusement, Inc.

807 S.E.2d 760 · West Virginia Supreme Court · Nov 13, 2017

Therefore, even if the State purchases a policy of insurance, a state agency and its official may claim immunities under the common law, such as qualified immunity. 70 Pursuant to this analysis, qualified immunity is available … qualified immunity in this context.

Catlin v. City of Wheaton

574 F.3d 361 · Court of Appeals for the Seventh Circuit · Jul 21, 2009

Qualified immunity protects public officials from liability for damages if their actions did not violate clearly established rights of which a reasonable person would have known. Harlow v. … To overcome qualified immunity, a plaintiff must show that (1) the facts make out a violation of the plaintiffs federal rights, and (2) the right at issue was clearly established at the time of the defendant’s alleged misconduct

Thompson v. Mahre

110 F.3d 716 · Court of Appeals for the Ninth Circuit · Apr 7, 1997

Whether a right is “clearly established” so that a public official who violated that right would have no qualified immunity is a question of law reviewed de novo. Elder v. … All he needs is qualified immunity, which he has if “a reasonable officer could have believed [the forcible entry without announcement and opportunity to comply peaceably] to be lawful, in light of clearly established law