Case law

D.A.R. v. R.E.L.

272 So. 3d 1030 · Supreme Court of Alabama · Sep 7, 2018

This court has recognized the difference between absolute immunity, which defeats a suit at the outset, and qualified immunity, which depends on circumstances and motivations and often must be established by evidence at trial … are not always uniform in deciding whether absolute or qualified immunity applies."

Auburn Medical Center, Inc. v. Peters

953 F. Supp. 1518 · District Court, M.D. Alabama · Dec 12, 1996

as the plaintiff contends, because the Court finds that Smith is clearly immune from the plaintiffs RICO claim under the doctrine of qualified immunity. 5 Qualified immunity protects government officials performing discretionary … The Hansen Court emphasized that the qualified immunity analysis is fact-specific: “When considering whether the law applicable to certain facts is clearly established, the facts of cases relied upon as precedent are important

Branch v. Tunnell

937 F.2d 1382 · Court of Appeals for the Ninth Circuit · Jun 27, 1991

On October 3, 1988, Tunnell moved to dismiss Branch’s suit on grounds of qualified immunity, arguing that under the objective qualified immunity standard established by the Supreme Court in Harlow v. … Because a defendant's entitlement to qualified immunity in a Bivens or § 1983 action alleging judicial deception turns on the ability of the plaintiff to establish that the defendant knowingly or recklessly misled the magistrate

Moore v. Giorla

302 F. Supp. 3d 700 · District Court, E.D. Pennsylvania · Mar 28, 2018

Qualified Immunity When a defendant in a § 1983 action claims qualified immunity, a court must first determine if the plaintiff's allegations are sufficient to establish the violation of a federal constitutional or statutory … Regarding the qualified immunity analysis, Defendant only contests whether the injury was sufficiently serious, and whether Plaintiff's rights were clearly established.

Ference v. Township of Hamilton

538 F. Supp. 2d 785 · District Court, D. New Jersey · Feb 6, 2008

The privilege of qualified immunity, however, can be overcome when state officials violate “clearly established statutory or constitutional rights of which a reasonable person would have known.” Wright v. … “To be clearly established for pur *799 poses of the qualified immunity analysis, the contours of the right must be sufficiently clear such that a reasonable official would understand that what he is doing violates that right

Shafer v. City of Boulder

896 F. Supp. 2d 915 · District Court, D. Nevada · Sep 12, 2012

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 person … “When a law enforcement officer asserts qualified immunity from liability for Fourth Amendment violations, the district court must determine whether, in light of clearly established principles gov *933 erning the conduct

Allen L. Fludd v. United States Secret Service Maurice Daugherty

771 F.2d 549 · Court of Appeals for the D.C. Circuit · Sep 13, 1985

clearly established statutory or constitutional rights of which a reasonable person would have known. … If the law was clearly established, the immunity defense ordinarily should fail, since a reasonably competent public official should know the law governing his conduct.

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.

(PC) Reed v. Racklin

District Court, E.D. California · Sep 30, 2019

Qualified Immunity 4 Qualified immunity shields government actors from civil liability under 42 U.S.C. 1983 if 5 “their conduct does not violate clearly established statutory … Prunty, 108 F.3d 251, 14 254-55 (9th Cir. 1997) (in qualified immunity context, finding no clearly established right to be 15 free from feigned karate chops towards inmate’s body, including groin area).

Connie Reguli v. Tracy Hetzel

Court of Appeals for the Sixth Circuit · Jun 16, 2026

For qualified immunity, we ask whether the defendant violated clearly established law. See Wesby, 583 U.S. at 63. … Page 14 Hetzel receive qualified immunity because their conduct didn’t violate clearly established law. See Wesby, 583 U.S. at 63.

Douglas v. Miller

864 F. Supp. 2d 1205 · District Court, W.D. Oklahoma · Mar 30, 2012

“Qualified immunity protects government officials performing discretionary functions from individual liability in federal claims unless their conduct violates ‘clearly established statutory or constitutional rights of which … clearly established at the time.”

Marc Barrera v. City of Mount Pleasant, Mich.

12 F.4th 617 · Court of Appeals for the Sixth Circuit · Sep 3, 2021

The other possibility is that the ambiguity in state law shows that the officers did not violate a clearly established right—the second prong of the qualified immunity test. … He has not shown that they violated clearly established law that would pierce the officers’ qualified immunity shield.

Ferguson v. Leiter

220 F. Supp. 2d 875 · District Court, N.D. Ohio · Sep 18, 2002

Qualified Immunity Qualified immunity is an affirmative defense that shields public officials performing discretionary functions from civil damages if their conduct does not violate clearly established statutory or constitutional … Once a qualified immunity defense is raised, the “plaintiff is obliged to present facts which if true would constitute a violation of clearly established law.” Dominque v.

Stack v. Killian

96 F.3d 159 · Court of Appeals for the Sixth Circuit · Sep 16, 1996

Officials who perform discretionary functions are generally entitled to qualified immunity from individual liability for civil damages so long as their conduct does not violate clearly established statutory or constitutional … The question of whether an official is protected by qualified immunity turns on the objective legal reasonableness of the action, assessed in light of the legal rules that were “clearly established” at the time it was taken

Townsend v. Jefferson County

601 F.3d 1152 · Court of Appeals for the Eleventh Circuit · Mar 30, 2010

that the deputies violated her clearly established civil rights. … immunity because Townsend had presented evidence that the deputies violated her clearly established rights under the Fourteenth Amendment.

Jerome Williams v. Jon Ozmint

716 F.3d 801 · Court of Appeals for the Fourth Circuit · May 15, 2013

Qualified immunity extends to protect officials “who commit constitutional violations but who, in light of clearly established law, could reasonably believe that their actions were lawful.” Henry, 652 F.3d at 531 . … A qualified immunity inquiry involves two steps.

Bibeau v. Pacific Northwest Research Foundation

188 F.3d 1105 · Court of Appeals for the Ninth Circuit · Aug 19, 1999

Heller's assistant) contend that as government contractors that did not violate any clearly established constitutional rights, they are entitled to qualified immunity. … immunity and liability under section 1983. 7 Generally, the key question to be answered for purposes of qualified immunity is whether the law was clearly established at the time of the alleged acts.

Tate v. Fish

347 F. Supp. 2d 1049 · District Court, D. New Mexico · Sep 17, 2004

Qualified Immunity Under the doctrine of qualified immunity, governmental officials performing discretionary functions generally are shielded from liability for civil damages so long as their conduct does not violate clearly … Due to the purposes behind qualified immunity, the court “reviews summary judgment orders deciding qualified immunity questions differently from other summary judgment decisions.” Olsen v.

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.

Kirkland v. St. Vrain Valley School District No. Re-1J

464 F.3d 1182 · Court of Appeals for the Tenth Circuit · Sep 26, 2006

After a defendant asserts a qualified immunity defense, the burden shifts to the plaintiff, and the plaintiff must first establish that the defendant’s actions violated a constitutional or statutory right … This is the process for the law’s elaboration from case to case, and it is one reason for our 5 If “the plaintiff successfully establishes the violation of a clearly established right, the burden shifts