Case law
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232 Kan. 334 · Supreme Court of Kansas · Dec 3, 1982
Navarette, 434 U.S. 555 [, 55 L.Ed.2d 24 , 98 S.Ct. 855 ] (1978) (qualified immunity for prison officials and officers); Imbler v. … Clearly the routine duty to recall a bench warrant upon payment of the fine cannot be construed as a quasi-judicial act.
Cited 25 timesPublishedPerdomo v. City of League City, TX
Court of Appeals for the Fifth Circuit · Jan 7, 2026
To overcome an officer’s qualified immunity defense, a plaintiff “must allege facts showing that the officer[] (1)‘violated a statutory or constitutional right, and (2) that the right was clearly established at the time of … established or otherwise, we do not reach the clearly established law prong of qualified immunity.
Cited 0 timesPublishedCampos De Suenos, Ltd. v. County of Bernalillo
130 N.M. 563 · New Mexico Court of Appeals · Apr 18, 2001
They correctly point out that to overcome their assertions of qualified immunity, CDS “must demonstrate that (1) the defendant’s alleged conduct violated a constitutional or statutory right, and (2) the right was clearly … established at the time of the conduct.”
Cited 38 timesPublished79 F. Supp. 2d 1104 · District Court, D. Nebraska · Jan 12, 2000
Qualified immunity is a question of law. … See, e.g., Otey, 121 F.3d at 1155 (reversing denial of motion for summary judgment on qualified immunity grounds; police chief did not violate clearly established federal rights of which a reasonable person would have known
Cited 9 timesPublishedFenwick v. United States of America
926 F. Supp. 2d 201 · District Court, District of Columbia · Mar 1, 2013
Fenwick’s clearly established rights. The Court therefore does not find the defendants entitled to qualified immunity at this juncture. 1. … Clearly Established Right With respect to the second prong of the qualified immunity analysis, it was clearly established at the time of this incident that shooting a fleeing suspect who is not presently
Cited 9 timesPublishedTexas Court of Appeals, 15th District · May 1, 2025
See 2 Although it is more precise to say Defendants would be entitled to “qualified immunity” under federal law from Norman’s Section 1983 claims, “official immunity” and “qualified immunity” are often used … Further, qualified immunity under federal law is analogous to state law official immunity and “protects governmental officers with discretionary authority from liability so long as their conduct does not violate clearly established
Cited 0 timesPublished608 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 .
Cited 3 timesPublishedAnthony 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.”
Cited 51 timesPublished308 F.3d 1081 · Court of Appeals for the Tenth Circuit · Aug 14, 2002
It is subject to appeal, however, when the defendants are public officials asserting a qualified immunity defense and the appealed issue is whether a given set of facts establishes that defendants violated clearly established … Instead, Appellants argue that they are entitled to qualified immunity because Bass' right to affiliate himself with Vorhies, an unannounced candidate, was not clearly established at the time his commission was removed. 21
Cited 23 timesPublished557 F.3d 372 · Court of Appeals for the Sixth Circuit · Feb 25, 2009
Clearly established right For a right to be clearly established, “[t]he contours of the right must be sufficiently clear that a reasonable official would understand that what he is doing violates that right.” … Drogosch has accordingly satisfied the “clearly established” prong of the qualified-immunity analysis. D.
Cited 34 timesPublishedEstate of Bryant by Bryant v. Buchanan
883 F. Supp. 1222 · District Court, S.D. Indiana · Apr 27, 1995
QUALIFIED IMMUNITY Police officers who use force in making an arrest are entitled to qualified immunity from suits for damages under 42 U.S.C. § 1983 “insofar as their conduct does not violate clearly established statutory … Were the Constitutional Standards Clearly Established? Plaintiff bears the burden of establishing the existence of a clearly established constitutional right. Kernats, 35 F.3d at 1176.
Cited 6 timesPublished148 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
Cited 1 timesPublished453 F. Supp. 2d 1252 · District Court, W.D. Washington · Sep 22, 2006
This “qualified immunity” is determined in two steps. … Moreover, the officer in Acosta was denied qualified immunity because the law at the time of the incident in that case was also “clearly established.”
Cited 3 timesPublished410 F. Supp. 2d 483 · District Court, S.D. West Virginia · Jan 18, 2006
Clearly Established Law The question under this second and final step in the qualified immunity analysis is “whether a reasonable [official] could have believed [the challenged conduct] to be lawful, in light of clearly established … It is important to note that the law is clearly established for qualified immunity purposes not only when “the very action in question has previously been held unlawful,” but .also when “pre-existing law” makes the “unlawfulness
Cited 3 timesPublished303 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.
Cited 0 timesPublishedSheila T. Harper v. Lawrence County
584 F.3d 1030 · Court of Appeals for the Eleventh Circuit · Oct 7, 2009
on qualified immunity. … Were Harper’s rights clearly established at the time?
Superseded on other grounds by Harper v. Lawrence County, Ala., 592 F.3d 1227 (2010)Cited 7 timesPublished840 F.3d 686 · Court of Appeals for the Ninth Circuit · Oct 26, 2016
Whether Shepard’s right was clearly established Wise may nevertheless be entitled to qualified immunity if the right at issue was not “clearly established at the time of the challenged conduct.” … We thus do not fault Shepard for failing to address the “clearly established” prong of the qualified immunity analysis in his opening brief.
Cited 102 timesPublished641 F. Supp. 939 · District Court, E.D. Arkansas · Jun 11, 1986
Knox’s claims of qualified immunity. Ms. Ginter has not brought the Court’s attention to any clearly established law which movants’ conduct on June 3, 1983, violated. The claims against Mr. Blasingame and Mr. … Where the plaintiff can point to no clearly established law that the federal agents violated, they will be entitled to qualified immunity, as discussed above, regardless of their subjective state of mind.
Modified on other grounds by Ginter v. Stallcup, 869 F.2d 384 (1989)Cited 12 timesPublished138 F. Supp. 3d 792 · District Court, N.D. Mississippi · Oct 8, 2015
The Fifth Circuit has described the basic qualified immunity standard as follows: “This court applies a two-step analysis to determine whether a defendant is entitled to summary judgment on the basis of qualified immunity … Amendment and accordingly upheld the defendant’s qualified immunity defense.
Cited 5 timesPublished699 F. Supp. 2d 159 · District Court, District of Columbia · Mar 30, 2010
By definition, qualified immunity is not absolute. Rather, it “is applicable unless the official’s conduct violated a clearly established constitutional right.” Pearson v. … However, “[a] plaintiff who seeks damages for violation of constitutional or statutory rights may overcome the defendant official’s qualified immunity only by showing that those rights were clearly established at the time
Cited 20 timesPublished
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