Case law

Bash v. Patrick

608 F. Supp. 2d 1285 · District Court, M.D. Alabama · Apr 9, 2009

Qualified Immunity: General Principles Qualified immunity protects government officers sued in their individual capacities from liability for civil damages so long as their conduct “does not violate clearly established statutory … Case law need not arise out of factually identical situations to clearly establish law for purposes of the qualified immunity analysis. Id. at 1351 .

William Sullivan v. City of Round Rock, Tex

837 F.3d 513 · Court of Appeals for the Fifth Circuit · Sep 14, 2016

First, it “decides that a certain course of conduct would, as a matter of law, be objectively un- reasonable in light of clearly established law. … Qualified immunity provides government officials with immunity from suit—not merely a defense to liability for civil damages—“insofar as their con- duct does not violate clearly established statutory or constitutional rights

Rivas v. Freeman

940 F.2d 1491 · Court of Appeals for the Eleventh Circuit · Sep 9, 1991

In Harlow , the Supreme Court further stated that if the law regarding an individual’s constitutional or statutory rights is clearly established, the qualified immunity defense ordinarily should fail. … The district court denied the deputies’ claim to qualified immunity noting that their combined conduct violated Rivas’s clearly established constitutional rights.

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.”

Glow In One Mini Golf, LLC v. Tim Walz

37 F.4th 1365 · Court of Appeals for the Eighth Circuit · Jun 16, 2022

“Qualified immunity is an immunity from suit, not merely a defense to liability,” and “[t]o avoid pretrial dismissal, a plaintiff must present facts showing the violation of a constitutional right that was clearly established … capacity of businesses deemed non-critical—was a taking under clearly established law.

Herbert Liverman v. City of Petersburg

844 F.3d 400 · Court of Appeals for the Fourth Circuit · Dec 15, 2016

contours of protected speech in this area were not clearly established. … The doctrine of qualified immunity shields government officials “who commit constitutional violations but who, in light of clearly established law, could reasonably believe that their actions were lawful.” Henry v.

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.

Anthony Brown v. Rodney Strain, Jr.

663 F.3d 245 · Court of Appeals for the Fifth Circuit · Nov 18, 2011

Qualified Immunity “The doctrine of qualified immunity protects public officials from liability for civil damages ‘insofar as their conduct does not violate clearly established statutory or constitutional rights of … was ‘clearly established’ at the time of the defendant’s alleged misconduct.”

Clement v. Gomez

298 F.3d 898 · Court of Appeals for the Ninth Circuit · Aug 6, 2002

Resolving the issue of qualified immunity involves a two-step inquiry. … Clearly Established Law The qualified immunity analysis requires us to further consider whether the rights of the prisoners in this case were clearly established at the time of *906 incident.

Elliott v. Linnell

561 F. Supp. 2d 714 · District Court, E.D. Texas · Aug 17, 2007

“The qualified immunity analysis is a two-step inquiry.” Id. “First, a court must decide whether a plaintiffs allegation, if true, establishes a violation of a clearly established right.” Id. (citation omitted). … “Even if the government official’s conduct violates a clearly established right, the official is nonetheless entitled to qualified immunity if his conduct was objectively reasonable.” Id. (citation omitted).

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 .

Brown v. City of Golden Valley

574 F.3d 491 · Court of Appeals for the Eighth Circuit · Jul 22, 2009

Qualified immunity shields government officials from liability in a § 1983 action unless the official’s conduct violates a clearly established constitutional or statutory right of which a reasonable person would have known … Our second inquiry in considering the denial of qualified immunity is whether the right violated was clearly established. Whether the facts alleged support such a claim is a legal question for the court to decide.

Whitfield v. City of Philadelphia

587 F. Supp. 2d 657 · District Court, E.D. Pennsylvania · Nov 19, 2008

Second, if the answer is yes, the court must then determine “ ‘whether the right was clearly established.’ ” Id. … In considering the second prong of the Saucier test, the Third Circuit clarified that “[a] right is clearly established for the purposes of qualified immunity when its contours are ‘sufficiently clear that a reasonable official

Milward v. Shaheen

148 F. Supp. 3d 1341 · District Court, M.D. Florida · Oct 29, 2015

Qualified Immunity Qualified immunity protects municipal officers from liability in § 1983 actions as long as their conduct does- not violate clearly established statutory or constitutional rights of which a reasonable person … Callahan, 555 U.S. 223 , 129 S.Ct. 808 , 172 L.Ed.2d 565 (2009)); A right may be clearly established for the purposes of qualified immunity in one of three ways: “1) case law with indistinguishable facts clearly establishing

Anderson v. Snyder

389 F. Supp. 3d 1082 · District Court, S.D. Florida · Mar 20, 2019

"Qualified immunity offers complete protection for government officials sued in their individual capacities as long as their conduct violates no clearly *1095 established statutory or constitutional rights of which a reasonable … There are two ways to determine if a right is clearly established. First, a constitutional right may be clearly established if there is an existing decision by the U.S.

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.

Schaffrath on Behalf of RJJ v. Thomas

993 F. Supp. 842 · District Court, D. Utah · Jan 28, 1998

clearly established at the time of the conduct *847 at issue. … “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 be

Beauregard v. Olson

84 F.3d 1402 · Court of Appeals for the Eleventh Circuit · Jun 12, 1996

Pelletier, --- U.S. ----, ---- 116 S.Ct. 834, 842, 133 L.Ed.2d 773 (1996), to decide the core qualified immunity question of whether it was clearly established before Olson acted that he could not lawfully fire these … This case is not the exceptional case where the individual defendant is unentitled to qualified immunity: it was not clearly established at the time Olson acted that firing Plaintiffs was unlawful.

Salem v. Michigan Department of Corrections

643 F. App'x 526 · Court of Appeals for the Sixth Circuit · Mar 9, 2016

As for the individual-capacity claims, Defendants invoked qualified immunity, arguing that the strip searches violated no clearly established constitutional rights. … To defeat a claim of qualified immunity, a plaintiff must show: (1) that the defendant violated a constitutional right, and (2) that right was clearly established at the time of the defendant’s actions. Pearson v.

Larry Richardson v. Nathan Falk

Court of Appeals for the Sixth Circuit · Aug 6, 2026

clearly established. … Because Falk did not violate a clearly established constitutional right, he is entitled to qualified immunity. III.