Case law

Dallas Independent School District v. Finlan

27 S.W.3d 220 · Texas Court of Appeals, 5th District (Dallas) · Oct 3, 2000

Qualified Immunity Analysis Government officials performing discretionary functions are entitled to the defense of qualified immunity, which shields them from liability for civil damages, if “their conduct does not violate … Conversely, an official’s conduct is not protected by qualified immunity if, in light of clearly established pre-existing law, it was apparent the conduct, when undertaken, would be a violation of the right at issue.

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.

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

Chance v. Coquille Indian Tribe

327 Or. 318 · Oregon Supreme Court · Jul 16, 1998

Defendants deny that the *322 contract or any other legal document of the Tribe contains anything that qualifies as a waiver of sovereign immunity. … Defendants argue that the quoted contract provision is incomprehensible and cannot qualify as an unequivocal waiver of immunity.

Derfus v. City of Chicago

42 F. Supp. 3d 888 · District Court, N.D. Illinois · May 20, 2014

Qualified immunity requires a court to assess “the objective reasonableness of an official’s conduct, as measured by reference to clearly established law.” Harlow v. … City of Chicago, 242 F.3d 737 , 742 (7th Cir.2001) (“qualified immunity is dissolved * * * when the conduct is so egregious that no reasonable person could have believed that it would not violate clearly established rights

Williams v. Fedor

69 F. Supp. 2d 649 · District Court, M.D. Pennsylvania · Aug 4, 1999

established,” *673 qualified immunity to the law enforcement officers was granted. … Although the right against self-incrimination is itself clearly established, Perschau is nevertheless entitled to qualified immunity ‘[so long as his] decision was reasonable, even if mistaken.’

Keith v. Koerner

707 F.3d 1185 · Court of Appeals for the Tenth Circuit · Feb 12, 2013

was clearly established at the time of defendant’s alleged misconduct.” … Koerner qualified immunity. -9- Nevertheless, because we affirm the denial of qualified immunity, we do not reach this issue.

Gordon v. Frank

454 F.3d 858 · Court of Appeals for the Eighth Circuit · Jul 21, 2006

The intentional delay by these officers shows deliberate disregard sufficient to reject qualified immunity. 17 Qualified immunity still protects officers accused of violating a right if the right is not clearly established … A denial of summary judgment may be treated as a final order when based on qualified immunity, but only to decide whether a certain point of law is "clearly established." Sanders v.

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

Brinston v. Dunn

928 F. Supp. 669 · District Court, S.D. Mississippi · Apr 22, 1996

And finally, Dunn maintains that she is entitled to qualified immunity, in any event, since plaintiffs claimed First Amendment right was not- clearly established at the time his employment was terminated. … However, “[government officials performing discretionary functions are entitled to qualified immunity from suit unless their conduct violated clearly established statutory or constitutional rights of which a reasonable person

Glass v. Mayas

794 F. Supp. 470 · District Court, E.D. New York · May 16, 1992

in light of the legal rules that were ‘clearly established’ at the time it was taken.” … Gilley, — U.S. -, 111 S.Ct. 1789, 1793 , 114 L.Ed.2d 277 (1991) (where the defense of qualified immunity is involved, the initial inquiry should focus on whether plaintiff has alleged a violation of a clearly established

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.

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

Patrick F. Boyle v. William Burke, Joseph Yergeau, Mark G. Kelliher, Peter Weeks, Ruth Griffin and Raymond Labrie

925 F.2d 497 · Court of Appeals for the First Circuit · Feb 6, 1991

It is enough that the rights of these reservists were not clearly established until the October, 1986 amendment. … Clearly, therefore, defendants are entitled to qualified immunity against all such claims whatever the time period involved.

Easterling v. Pollard

528 F. App'x 653 · Court of Appeals for the Seventh Circuit · Jul 22, 2013

The individual defendants are protected by the defense of qualified immunity: The doctrine of qualified immunity protects government officials “from liability for civil damages insofar as their conduct does not violate clearly … The general principles of First Amendment law we have discussed were clearly established in 2010, but the qualified immunity defense turns on whether the application of those principles to the circumstances faced by the defen

Kurtz v. Denniston

872 F. Supp. 631 · District Court, N.D. Iowa · Dec 19, 1994

Delo, 999 F.2d 364, 366 (8th Cir.1993) (first step in qualified immunity analysis was determination of whether conduct violated any clearly established right). … special religious diet is clearly established.

Rogers v. Gooding

84 F. App'x 473 · Court of Appeals for the Sixth Circuit · Nov 24, 2003

Qualified Immunity for the Excessive Force Charges Qualified immunity is an affirmative defense that shields government officials “from liability for civil damages insofar as their conduct does not violate clearly established … not violate any clearly established principles.

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

Akers v. Caperton

998 F.2d 220 · Court of Appeals for the Fourth Circuit · Jun 29, 1993

(“[A] core issue in resolving the immunity defense is whether state officials violated clearly established legal norms_ Thus, the availability of qualified immunity overlaps substantially the question on the merits of the … Because the defendants’ actions did not violate “clearly established” law at the time of the transfers — and did, in fact, comply with this Circuit’s established law— the district court’s qualified immunity ruling must be

Broam v. Bogan

320 F.3d 1023 · Court of Appeals for the Ninth Circuit · Feb 25, 2003

, or the constitutional right was not clearly established on the date of the alleged violation. … “[Government officials performing discretionary functions generally are granted a qualified immunity and are ‘shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory