Case law

Crigger v. McIntosh

254 F. Supp. 3d 891 · District Court, E.D. Kentucky · Jun 8, 2017

Generally, a government official performing discretionary functions is entitled to qualified immunity in his individual capacity and is shielded from civil suit if his conduct does not violate clearly established statutory … In determining whether qualified immunity applies, the Court must determine: (i) whether the facts as alleged establish that the officer’s conduct violated a constitutional right and (ii) whether that right was clearly established

Elliott v. Cheshire County, NH

750 F. Supp. 1146 · District Court, D. New Hampshire · Nov 9, 1990

Qualified Immunity The doctrine of qualified immunity protects government officials performing discretionary functions “from liability for civil damages insofar as their conduct does not violate clearly established statutory … the defendants qualified immunity.

Dalton v. Town of Silver City

2 F.4th 1300 · Court of Appeals for the Tenth Circuit · Jun 28, 2021

Bascom’s clearly established right to equal protection of the law in violation of 42 U.S.C. § 1983. The Officers moved for summary judgment on the basis of qualified immunity. … The Officers filed this interlocutory appeal from that denial of qualified immunity, alleging it was not clearly established that their conduct violated Ms.

VINAGRO v. Reitsma

260 F. Supp. 2d 425 · District Court, D. Rhode Island · May 6, 2003

Qualified Immunity Generally, “[qualified immunity shields government officials wielding discretionary powers ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … A qualified immunity defense is only available to a defendant who could not have been reasonably expected to know that he was violating a clearly established constitutional right. See Amsden, 904 F.2d at 752 .

Burns v. PA Department of Corrections

642 F.3d 163 · Court of Appeals for the Third Circuit · Apr 20, 2011

Qualified immunity shields government officials from suit even if their actions were unconstitutional as long as those officials‘ actions ―d[id] not violate clearly established statutory or constitutional rights of which … The burden of establishing qualified immunity falls to the official claiming it as a defense.

Jody Lombardo v. City of St. Louis

956 F.3d 1009 · Court of Appeals for the Eighth Circuit · Apr 20, 2020

Having concluded that the facts presented do not make out a violation of Gilbert’s constitutional rights, we need not evaluate the clearly established prong of the qualified immunity analysis. See Greenman v. … Jessen, 787 F.3d 882, 887 & n.10 (8th Cir. 2015) (affirming the district court’s grant of qualified immunity based on the constitutional violation prong even though the district court only reached the clearly established

State v. Sieminski

92 N.E.3d 1252 · Ohio Court of Appeals · Jun 26, 2017

“A statute must clearly proclaim its own retroactivity to overcome the presumption of prospective application. Retroactivity is not to be inferred.” State v. … Sieminski’s motion to dismiss because she is not a qualified individual pursuant to R.C. 2925.11(B)(2)(a)(viii), and therefore not eligible for immunity under R.C. 2925.11(B)(2)(b).

Garza v. Escobar

386 F. Supp. 3d 794 · District Court, S.D. Texas · Apr 30, 2019

to qualified immunity if Plaintiff had stated a claim. b. … Texas , 65 F.3d 467 (5th Cir. 1995) (finding qualified immunity appropriate because it was not clearly established whether the political patronage exception applied to investigators in district attorney's offices or sufficiently

Jones v. Clinton

858 F. Supp. 902 · District Court, E.D. Arkansas · Jul 21, 1994

In such cases, courts are required to determine whether the alleged actions violated “clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … To decide whether an official is protected by qualified immunity, a court must determine whether the official’s action was objectively legally reasonable in the light of the legal rules that were clearly established at the

Clifton v. Borough of Eddystone

824 F. Supp. 2d 617 · District Court, E.D. Pennsylvania · Oct 7, 2011

A state official with qualified immunity has no civil liability for discretionary conduct so long as he does “not violate clearly established statutory or constitutional rights of which a reasonable person would have known … Furthermore, the right to be free from the use of excessive force in the course of handcuffing is clearly established and is not defeated by qualified immunity. Id. at 778 . Plaintiff was not subject to excessive force.

Frierson v. Goetz

227 F. Supp. 2d 889 · District Court, M.D. Tennessee · Oct 10, 2002

The plaintiff argues that the defendant is not entitled to the qualified immunity defense because the law was clearly established that the Federal Wiretap Act preempted state law. … While these authorities provide some interesting insight, they are not relevant for purposes of determining qualified immunity as to whether the law was clearly established in this circuit with respect to the defendant’s

Nichols v. Jacobsen Construction Co.

811 Utah Adv. Rep. 47 · Utah Supreme Court · Apr 28, 2016

¶3 We conclude that Jacobsen qualifies as an “eligible employer” under the workers’ compensation statutes and has fulfilled all three of the above requirements, thereby qualifying for immunity from suit. … The court held that Jacobsen would not qualify for immunity “if a significant time passed” before Jacobsen started paying Mr. Nichols’ benefits. Id. ¶ 13.

A.M. ex rel. Youngers v. New Mexico Department of Health

108 F. Supp. 3d 963 · District Court, D. New Mexico · May 15, 2015

Clearly Established Rights in the Qualified-Immunity Analysis. … with the prior case law and granted qualified immunity for lack of clearly established law.

Shipp v. McMahon

199 F.3d 256 · Court of Appeals for the Fifth Circuit · Jan 7, 2000

’s assertion of qualified immunity. … Thus, courts engage in a two-step analysis to address claims of qualified immunity. *262 First, to show that a right is clearly established, the plaintiff does not have to refer to precedent that is directly on point, or

John Griswold v. Trinity Health Michigan

Court of Appeals for the Sixth Circuit · May 11, 2026

“Qualified immunity attaches when an official’s conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Kisela v. … But it was not clearly established that the circumstances leading to his death satisfied the objective prong of the Farmer test. The jail officials therefore are entitled to qualified immunity.

Blake v. Wilson

962 So. 2d 705 · Court of Appeals of Mississippi · Apr 17, 2007

Therefore, the officers are also entitled to summary judgment due to discretionary function immunity. Qualified Immunity ¶ 26. … well as qualified immunity. 5.

Henry E. Parrish Yvonne L. Parrish v. Donald Mallinger Richard Larkin Crispus Nix

133 F.3d 612 · Court of Appeals for the Eighth Circuit · Jan 7, 1998

Qualified immunity shields prison officials from damage liability unless they “violate clearly es tablished statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … Whether a broad constitutional right such as due process is “clearly established” for qualified immunity purposes is a particularized inquiry: The contours of the right must be sufficiently clear that a reasonable official

Ter Beek v. City of Wyoming

495 Mich. 1 · Michigan Supreme Court · Feb 6, 2014

Among them is § 4(a) of the MMMA, which immunizes registered qualifying patients from “penalty in any manner” for specified MMMA-compliant medical marijuana use. MCL 333.26424(a). … The City seems to suggest that, for this immunity to attach, a registered qualifying patient must show a “demonstrated need” under MCL 125.3207 for his or her MMMA-compliant medical marijuana use.

Barber v. Guay

910 F. Supp. 790 · District Court, D. Maine · Nov 9, 1995

To overcome qualified immunity, a plaintiff must first allege a violation of a clearly established constitutional right. Id. … Second, if the right is clearly established, qualified immunity will only be denied if a reasonable official should have known that the challenged conduct violated that established right.

DePree v. Saunders

588 F.3d 282 · Court of Appeals for the Fifth Circuit · Nov 13, 2009

First, if DePree’s speech was constitutionally protected, Saunders was entitled to qualified immunity because her conduct did not violate a clearly established constitutional right. Foley v. … “Qualified immunity protects public officials from suit unless their conduct violates a clearly established constitutional right.” Mace v. City of Palestine, 333 F.3d 621, 623 (5th Cir. 2003).