Case law

Boyer v. City of Mansfield

3 F. Supp. 2d 843 · District Court, N.D. Ohio · Apr 21, 1998

Whether or not qualified immunity exists in a given case is a legal question for the court, unless there is a genuine issue of material fact regarding whether the defendant committed acts that would violate a clearly established … unreasonable in light of the clearly established constitutional rights.”

Tejada Batista v. Fuentes Agostini

247 F. Supp. 2d 73 · District Court, D. Puerto Rico · Feb 23, 2003

ANALYSIS Defendants generally argue that as a matter of law the case should be dismissed because they are shielded from liability pursuant to the doctrine of qualified immunity. … The doctrine of qualified immunity shields government officials from civil liability when they perform discretionary functions as long as their conduct does not violate clearly established statutory or constitutional rights

Linscott

District Court, W.D. Michigan · Oct 23, 2025

If the court can conclude either that no constitutional violation occurred or that the right was not clearly established, qualified immunity is warranted. … In response to Defendants’ qualified immunity argument, Plaintiff simply argues that Defendants are not entitled to qualified immunity without citing any case that he claims shows Defendants violated clearly established

Patrick Stockdale v. Kim Helper

Court of Appeals of Tennessee · May 8, 2024

any clearly established law. . . . … clearly established right of the Plaintiffs to which General Helper is alleged to have violated.”

Cohn v. New Paltz Central School District

363 F. Supp. 2d 421 · District Court, N.D. New York · Mar 30, 2005

Even if the right was clearly established at the time of the alleged violation, however, a defendant will still be entitled to qualified immunity if the defendant’s conduct was objectively reasonable in light of clearly established … Defendant Derry is not entitled to qualified immunity for this claim. Case law has clearly established the “class of one” selective enforcement claim alleged in this action. Vill. of Willowbrook v.

Louisiana Farms v. LA. Dept. of Wildlife

685 So. 2d 1086 · Louisiana Court of Appeal · Oct 9, 1996

Qualified immunity shields government officials performing discretionary functions from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which … Applying the foregoing principles to our qualified immunity analysis, the first question becomes whether the DWF officers' conduct in constructively seizing the Bartmess' entire farming operation violated "clearly established

Rabinovitz v. City of L. A.

287 F. Supp. 3d 933 · District Court, C.D. California · Mar 2, 2018

Qualified immunity "shields officials from civil liability so long as their conduct 'does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.' " Mullenix v. … Qualified Immunity Defendants' qualified immunity defense fails to bar the First Amendment claim.

Hambric v. Twilley

District Court, N.D. Alabama · Jan 25, 2024

“Qualified immunity offers complete protection for government officials sued in their individual capacities if their conduct ‘does not violate clearly established statutory or constitutional rights of … Because Plaintiff’s allegations fail to show that Sheriff Smith violated clearly established law, he is entitled to qualified immunity. Mitchell, 472 U.S. at 525. IV.

Rooni v. Biser

742 F.3d 737 · Court of Appeals for the Seventh Circuit · Feb 4, 2014

“To determine whether a defendant is entitled to qualified immunity, courts must address two issues: (1) whether the defendant violated the plaintiffs constitutional rights and (2) whether the right at issue was clearly established … clearly established.

K.W.P. v. Kansas City Public Schools

931 F.3d 813 · Court of Appeals for the Eighth Circuit · Aug 1, 2019

that [their] conduct violated a clearly established right.’” … not satisfy the ‘clearly established’ standard here

Doyle v. Camelot Care Centers, Inc.

160 F. Supp. 2d 891 · District Court, N.D. Illinois · Mar 30, 2001

Qualified immunity Qualified immunity protects government officials from individual liability under § 1983 for actions taken while performing discretionary functions, unless their conduct violates clearly established statutory … established law” for purposes of defeating qualified immunity.

Mountain Pure, LLC v. Roberts

27 F. Supp. 3d 962 · District Court, E.D. Arkansas · Jun 13, 2014

Qualified immunity “will be upheld on a 12(b)(6) motion only when the immunity is established on the face of the complaint.” Weaver v. Clarke, 45 F.3d 1253, 1255 (8th Cir.1995). … Even so, named defendants are entitled to qualified immunity if plaintiffs’ allegedly violated constitutional rights were not clearly established at the time.

Choice L. Causey Henretta Denise Bradley v. City of Bay City John May Thomas Pletzke, Joseph E. Doyle Eric Sporman Ken Souser

442 F.3d 524 · Court of Appeals for the Sixth Circuit · Mar 29, 2006

“Qualified immunity is an affirmative defense that shields government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a … , and (2) whether that right was clearly established.” 2 Id.

King v. Williams

5 Ohio St. 3d 137 · Ohio Supreme Court · Jun 8, 1983

The issue presented in this case is whether the driver of an emergency medical services vehicle operated by the city of Akron, and the city itself, qualify for immunity from liability under R.C. 701.02. … Appellee Williams was clearly employed by the city of Akron as a member of the fire department. In addition, the evidence is uncontradicted that the ambulance was on an emergency run at the time of the accident.

Zisk v. City of Roseville

56 Cal. App. 3d 41 · California Court of Appeal · Feb 20, 1976

. §§ 1983 and/or 1985) because the city councilmen are not immune from liability thereunder and because the pleadings establish that the councilmen clearly violated established constitutional rights of plaintiffs. … The court found them immune from liability, stating: “[I]n varying scope, a qualified immunity is available to officers of the executive branch of government, the variation being dependent upon the scope of discretion and

Williams v. Morahan

539 F. App'x 934 · Court of Appeals for the Eleventh Circuit · Sep 11, 2013

Under well-established precedent, Officer Morahan is entitled to qualified immunity unless Mr. … None of those authorities, however, can create clearly established law for purposes of federal qualified immunity analysis. See Marsh v. Butler County, Ala., 268 F.3d 1014 , 1033 n. 10 (11th Cir.2001) (en banc). Cf.

Quality Technology Co. v. Stone & Webster Engineering Co.

745 F. Supp. 1331 · District Court, E.D. Tennessee · Jun 1, 1990

Qualified immunity standards are clearly set forth in Harlow v. Fitzgerald, 457 U.S. 800 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982). … Defendants “have qualified immunity unless plaintiff’s ‘rights were so clearly estab *1348 lished when the acts were committed that any officer in the defendant’s position, measured objectively, would have clearly understood

Palmieri v. Kammerer

690 F. Supp. 2d 34 · District Court, D. Connecticut · Jan 27, 2010

Qualified Immunity Government officials performing discretionary functions are entitled to qualified immunity if their conduct does not violate clearly established statutory or constitutional rights that a reasonable person … Thus, summary judgment based on qualified immunity is denied on this basis. ii Protective Sweep/Grab Area There is no doubt that the law regarding protective sweeps was “clearly established” under Maryland v.

Jerry Nelson v. Keyvon Sellers

Court of Appeals for the Eleventh Circuit · Jan 5, 2024

clearly established law.” … Nelson’s Right Was Clearly Established. All that remains is “the clearly established prong of the qual- ified immunity inquiry.” Helm v.

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