Case law

P.G.S. v. S. Hendricks

Commonwealth Court of Pennsylvania · Jul 8, 2025

qualified immunity. … With respect to qualified immunity, this Court applies that doctrine to state officers when considering federal law violations and will be found if an official’s conduct does not violate clearly established rights which a

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

Villages, LLC v. Longhi

166 Conn. App. 685 · Connecticut Appellate Court · Jul 5, 2016

plaintiff filed an objection to the defendant’s motion in which it contended that neither qualified immunity, governmental immunity, nor absolute immunity barred its claims against the defendant given the intentional nature … 52-557n (c), which provides qualified immunity for uncompensated members of munici- pal commissions and boards.

Griffin, Jr. v. Garrison

2011 DNH 008 · District Court, D. New Hampshire · Jan 13, 2011

Garrison is Entitled to Qualified Immunity. … A government official is entitled to qualified immunity from personal liability if the challenged “‘conduct [did] not violate clearly established statutory or constitutional rights of which a reasonable person would have

Long v. L'ESPERANCE

166 Vt. 566 · Supreme Court of Vermont · Jul 11, 1997

The protection from suit afforded a state employee such as defendant is qualified, not absolute: defendant is entitled to qualified immunity if he was “(1) acting during [his] employment and acting, or reasonably believing … As a general matter, good faith exists if the “official’s acts did not violate clearly established rights of which the official reasonably should have known.” Murray v.

Cardenas-Ornelas v. Johnson

Court of Appeals for the Ninth Circuit · Jan 29, 2026

JOHNSON 3 meaningful opportunities for recreation was clearly established. … Qualified immunity shields government officials performing discretionary functions “from liability for civil damages” when “their conduct does not violate clearly established statutory or constitutional rights of which a

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.

Peter Bistrian v. Troy Levi

912 F.3d 79 · Court of Appeals for the Third Circuit · Dec 28, 2018

Qualified immunity, again, was not available because the right to be free from punitive detention was already clearly established at the time. Id. at 707. … Once again, qualified immunity was not justified, the Court said, because the right against retaliation was clearly established at the time. Id. at 711-12.

Vives v. City of New York

305 F. Supp. 2d 289 · District Court, S.D. New York · Nov 24, 2003

Are the Detectives Entitled to Qualified Immunity? … Coughlin, 137 F.3d 68, 74 (2d Cir.1998) (reversing grant of qualified immunity where the right was clearly established at the time of the alleged violation, but there was some doubt as to whether a “reasonable official would

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

Vogt v. McIntosh County Board

98 F.4th 1013 · Court of Appeals for the Tenth Circuit · Apr 15, 2024

Even though Plaintiff has shown a genuine issue of material fact that Defendant violated Plaintiff’s constitutional right, Defendant may still receive qualified immunity if the right alleged was not clearly established … Thus, controlling precedent clearly established Plaintiff’s violated right at the time of the violation and Plaintiff has satisfied both requirements to defeat a claim of qualified immunity at summary judgment.

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?

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

Crawford v. Columbus State Community College

196 F. Supp. 3d 766 · District Court, S.D. Ohio · Jul 11, 2016

Qualified Immunity The defendants’ qualified-immunity argument similarly lacks merit. 3 Defendants argue that because there was no “clearly established law supporting Crawford’s attempt to assert an age discrimination claim … Accordingly, the Court will only address the second prong of the qualified immunity analysis — whether that right was "clearly established.”