Case law

Reiver v. District of Columbia

925 F. Supp. 2d 1 · District Court, District of Columbia · Feb 22, 2013

Since the Court finds that the police conduct was objectively reasonable and did not violate plaintiff’s clearly established rights, the officers are protected by the doctrine of qualified immunity, and the motion will … “The doctrine of qualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable

Richard v. Hall

874 So. 2d 131 · Supreme Court of Louisiana · Apr 23, 2004

Revised Statute 9:2795B(1) clearly supports an interpretation that an owner, lessee or occupant qualifies for the immunity where his use of the premises is not principally for a commercial, recreational enterprise for profit … that determines the availability of the immunity provisions to a qualified owner.

Ted P. Campbell v. Ernest Mercer, as Mayor of Elmore City, and as an Individual

926 F.2d 990 · Court of Appeals for the Tenth Circuit · Feb 26, 1991

The central issue in connection with defendant Mercer’s claim of qualified immunity is whether it was clearly established law in 1987 that plaintiff Campbell had a constitutional right to a post-termination hearing. … Also, the law was not clearly established that plaintiff had a constitutional right to a post-termination hearing.

Michael Mockeridge v. Harry Harvey

Court of Appeals for the Sixth Circuit · Aug 11, 2025

We can thus “hear interlocutory appeals considering the legal question of qualified immunity, i.e., whether a given set of facts violates clearly established law.” Moldowan v. … was clearly established at the time.”

TUCKER v. ATWATER

303 Ga. 791 · Supreme Court of Georgia · Jun 4, 2018

The Court of Appeals held that the school officials were entitled to qualified immunity because they did not violate any clearly established law. … established law entitles the school officials to qualified immunity.

William A. Newman, Ph.D. v. Nereu F. Kock, Jr., Jacky Yuk-Chow So, Dan R. Jones, and Ray M. Keck, III

Texas Court of Appeals, 4th District (San Antonio) · Aug 6, 2008

Qualified Immunity Qualified immunity is a defense to federal law claims that shields governmental officials performing discretionary functions from liability as long as their actions could reasonably be thought … that violated clearly established law.

Smith v. Mattox

127 F.3d 1416 · Court of Appeals for the Eleventh Circuit · Nov 19, 1997

immunity grounds to the extent the appeal concerns pure issues of law, such as whether the law was clearly established); Cottrell v. … An official sued as an individual is entitled to qualified immunity if his conduct "does not violate clearly established statutory or constitutional rights of which a reasonable person would have known."6 A reasonable official's

Douglas M. Jones v. Richard A. Heyman

888 F.2d 1328 · Court of Appeals for the Eleventh Circuit · Nov 22, 1989

The mayor also asserted that his decision to remove Jones was protected by the qualified immunity doctrine because the mayor did not violate Jones’ clearly established First Amendment rights. … Second, he contends he is entitled to qualified immunity for his discretionary decision to remove Jones from the meeting.

Whittington v. Maxwell

455 F. App'x 450 · Court of Appeals for the Fifth Circuit · Dec 22, 2011

Did Maxwell act unreasonably in the light of clearly established law? … We now turn to the second inquiry in the qualified immunity analysis— whether Maxwell acted in an objectively unreasonable manner in the light of clearly established law.

Wayne Powell, as of the Estate of Dana Kimberly Devilla v. Sunny Schriver, Superintendent Thomas A. Coughlin, III C.O. Lynch C.O. Crowley

175 F.3d 107 · Court of Appeals for the Second Circuit · Apr 2, 1999

The doctrine of qualified immunity “shields government officials from liability for damages on account of their performance of discretionary official functions ‘insofar as their conduct does not violate clearly established … The Eighth Amendment Claim The district court dismissed Devil-la’s Eighth Amendment claim on the ground of qualified immunity, reasoning that “it was not clearly established as of this incident in 1991 that a corrections

David Thurston v. Kevin Frye

99 F.4th 665 · Court of Appeals for the Fourth Circuit · Apr 29, 2024

Qualified Immunity Qualified immunity protects government officials from claims of statutory or constitutional violations when they reasonably mistook the legality of their actions. … immunity—typically, the issue whether the federal right allegedly infringed was clearly established.”

Tessler v. Paterson

768 F. Supp. 2d 661 · District Court, S.D. New York · Mar 7, 2011

A government official is entitled to qualified immunity where his or her discretionary conduct “does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … a clearly established constitutional right.

Washington Square Post 1212 American Legion v. Maduro

907 F.2d 1288 · Court of Appeals for the Second Circuit · Jun 28, 1990

a warrantless entry, or closed to non-Post members, in which case it was clearly established that a warrant was necessary. … DISCUSSION Qualified immunity has long shielded government officials performing discretionary functions from civil damages liability “insofar as their conduct does not violate clearly established statutory or con *1291 stitutional

Mitchell v. Parker

271 F. Supp. 3d 1364 · District Court, N.D. Georgia · Sep 25, 2017

A plaintiff demonstrates that qualified immunity does not apply by showing “(1) the defendant violated a constitutional right, and (2) the right was clearly established at the time of the alleged violation.” … Dowling contends that there is an absence of evidence in the record to support this claim and therefore Dowling could not have violated a clearly established constitutional right and is entitled to qualified immunity.

Dees v. Vendel

856 F. Supp. 1531 · District Court, D. Kansas · Sep 27, 1994

clearly established when the violation occurred.” … with clearly established law.

Afifi v. Holder

101 F. Supp. 3d 90 · District Court, District of Columbia · Apr 30, 2015

Qualified Immunity Shields the Individual Defendants from the Plaintiff’s Bivens Claims “Qualified immunity is ‘a defense that shields officials from suit if their conduct did not violate clearly … Howards, the Supreme Court declined to accept the proposition that a Circuit’s own authority can be the dispositive source of clearly established law for purposes of qualified immunity. See 132 S.

Hassan Shabazz v. Thomas A. Coughlin, Iii, Commissioner, and Harold J. Smith, Superintendent

852 F.2d 697 · Court of Appeals for the Second Circuit · Jul 27, 1988

The defendants’ answer alleged as affirmative defenses, inter alia, that damages were barred by qualified immunity and by the Eleventh Amendment. They moved for summary judgment on qualified immunity grounds. … This court recently reiterated that qualified immunity “shields government officials performing discretionary functions from liability ‘insofar as their conduct does not violate clearly established statutory or constitutional

Miles v. Unified Sch. Dist. No. 500

347 F. Supp. 3d 626 · District Court, D. Kansas · Oct 16, 2018

Castillo is Not Entitled to Qualified Immunity Last, Ms. Castillo contends that she is entitled to qualified immunity. … A public official performing a discretionary function enjoys qualified immunity in a civil action for damages, provided her conduct does not violate clearly established federal statutory or constitutional rights of which

Brittany J. Buckley v. Hennepin County

9 F.4th 757 · Court of Appeals for the Eighth Circuit · Aug 16, 2021

immunity, (v) the physician defendants are entitled to qualified immunity “because the Court has seen no evidence that designing, implementing, and overseeing the ketamine studies violated a clearly established right,” and … “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

Negron v. City of New York

976 F. Supp. 2d 360 · District Court, E.D. New York · Oct 4, 2013

An assertion of qualified immunity requires a court to determine “(1) whether plaintiff has shown facts making out violation of a constitutional right; (2) if so, whether that right was clearly established; and (3) even if … Whether the Constitutional Right Violated Was Clearly Established Even if their actions are found to have constituted unreasonable or excessive force, Marchesona and Pigott would still be entitled to qualified immunity if