Case law

Texas A&M University Texas A&M University System Dr. Jerry Gaston And Eugene Ray v. Don Thompson

Texas Court of Appeals, 3rd District (Austin) · Dec 18, 2003

Appellants assert the protection of sovereign immunity, qualified immunity, and quasi-judicial or official immunity against Thompson’s numerous claims. … was objectively unreasonable in light of the clearly established right.

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.

Cerrone v. Cahill

84 F. Supp. 2d 330 · District Court, N.D. New York · Jan 28, 2000

Standard for Qualified Immunity The doctrine of qualified immunity shields government officials from suit for acts undertaken in the course of their duties if “their conduct does not violate clearly established statutory … When a right is clearly established, qualified immunity also attaches “insofar as it was objectively reasonable to believe that [the government agent’s] acts did not violate these rights.” Calamia v.

Verdecia v. United States

327 F.3d 1171 · Court of Appeals for the Tenth Circuit · Apr 29, 2003

a violation of clearly established law, this Court may properly exercise jurisdiction over an interlocutory appeal”). … This court, however, “reviews summary judgment orders deciding qualified immunity questions differently from other summary judgment decisions” because of the purposes behind qualified immunity. Holland v.

Lopez v. Aran

600 F. Supp. 323 · District Court, D. Puerto Rico · Oct 31, 1984

The defense of qualified immunity shields government officials from liability for civil damages in the exercise of discretionary functions insofar as their conduct “does not violate clearly established statutory or constitutional … statutory right clearly established at that time.

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.

Borrero v. Metro-Dade County

19 F. Supp. 2d 1310 · District Court, S.D. Florida · May 13, 1998

Therefore, qualified immunity will not apply only when a reasonable official would have known that her actions violated an individual’s clearly established rights. See Anderson v. … Therefore, as the facts stand at the summary judgment stage, Officer Serrano is not entitled to qualified immunity. 3 Moreover, showing that a right is “clearly established” is not the only way a plaintiff can get around

Lyles v. City of Barling

17 F. Supp. 2d 848 · District Court, W.D. Arkansas · Jun 26, 1998

A court must measure the objective reasonableness of a defendant’s conduct by reference to clearly established law. “No other ‘circumstances’ are relevant to the issue of qualified immunity.” Davis v. … that were ‘clearly established’ at the time it was taken.”

Perry Center, Inc. v. Heitkamp

576 N.W.2d 505 · North Dakota Supreme Court · Apr 8, 1998

Questions of qualified immunity are usually ones of law for a court to decide. Wishnatsky . … Absolute immunity defeats a suit at the outset, while an official with qualified immunity must establish, his of her conduct did not violate clearly established statutory or constitutional rights of which a reasonable person

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

Helfrick v. Rabb

District Court, W.D. Virginia · Dec 1, 2021

qualified immunity — are either without merit or do not dispose of Helfrick’s claims for prospective relief. … Va. 2017) (holding that claims against Commonwealth’s attorney or his office are paid in part by the state, thus qualifying for immunity), aff’d, 715 F.

Moore v. Morgan

922 F.2d 1553 · Court of Appeals for the Eleventh Circuit · Feb 7, 1991

Finally, Moore contends that even if Morgan and the commissioners did not waive the defense of qualified immunity, they did not meet their burden of establishing the defense. … He correctly stated that the test for qualified immunity is an objective one: whether reasonable county commissioners could have concluded their conduct to be lawful in light of clearly established law and the information

Papp v. Snyder

81 F. Supp. 2d 852 · District Court, N.D. Ohio · Jan 20, 2000

The right to be free from excessive force is clearly established under the Fourth Amendment for purposes of qualified immunity. See Graham v. Connor, 490 U.S. 386, 395 , 109 S.Ct. 1865 , 104 L.Ed.2d 443 (1989). … Having found a potential constitutional violation of a clearly established constitutional right, the Court must now consider the final step of the qualified immunity analysis.

E. Irene Wrigley v. Basil G. Greanias, Individually and as State's Attorney in and for MacOn County, Illinois

842 F.2d 955 · Court of Appeals for the Seventh Circuit · Apr 13, 1988

Greanias would be entitled to qualified immunity if, at the time he acted, the law did not clearly establish that a state’s attorney was prevented from discharging someone holding this particular position. … Greanias’ claim of qualified immunity clearly is premised on acceptance of his view of the position’s re *960 sponsibilities. He does not contend that, even if Mrs.

Trujillo v. Board of Education of the Albuquerque Public Schools

377 F. Supp. 2d 977 · District Court, D. New Mexico · Sep 17, 2004

LAW ON QUALIFIED IMMUNITY Qualified immunity protects government officials performing discretionary functions from liability for civil damages “insofar as their conduct does not violate clearly established statutory or constitutional … SECOND PRONG OF THE QUALIFIED IMMUNITY ANALYSIS: THE LAW MUST BE CLEARLY ESTABLISHED. Whether the law was clearly established at the time the claim arose is a legal issue for the court. See Elder v.

Thomas v. Collins

860 S.W.2d 500 · Texas Court of Appeals, 1st District (Houston) · Jul 1, 1993

To meet this burden, the plaintiff must establish that the defendant’s conduct “violated clearly established statutory or constitutional rights of which a reasonable person would have known.” Brown v. … Reviewing appellant’s pleading under this standard, his allegations are sufficient to allege that Collins violated his clearly established eighth amendment rights.

Blackburn v. Jansen

241 F. Supp. 2d 1047 · District Court, D. Nebraska · Jan 14, 2003

. § 1983 , is entitled to qualified immunity unless the plaintiff shows that the official violated a “clearly established” federal statutory or constitutional right of the plaintiff. … Pelzer, 536 U.S. 730 , 122 S.Ct. 2508, 2515 , 153 L.Ed.2d 666 (2002), recently described “clearly established law” as follows: As we have explained, qualified immunity operates “to ensure that before they are subjected to

State ex rel. Youth Services Systems, Inc. v. Wilson

204 W. Va. 637 · West Virginia Supreme Court · May 13, 1999

In this case, Youth Services contends that the circuit court’s ruling with regard to its entitlement to immunity was clearly erroneous as a matter of law. III. … Since the immunity provisions at issue apply only to political subdivisions, Youth Services must first qualify as a “political subdivision” to invoke statutory immunity.

Wilson v. State

84 Wash. App. 332 · Court of Appeals of Washington · Dec 20, 1996

A plaintiff seeking to rebut a defendant’s claim of qualified immunity must demonstrate that the defendant’s conduct interfered with a clearly established constitutional right. White, 78 Wn. App. at 837 . … Thus, Wilson has failed to show that defendants interfered with his "clearly established” constitutional free speech rights. Consequently, the individual defendants may claim the defense of qualified immunity.

Westfahl v. District of Columbia

District Court, District of Columbia · Nov 4, 2015

Qualified Immunity Defendants first contend that Officer Robinson is entitled to qualified immunity with respect to Westfahl’s excessive-force claim. … “Qualified immunity shields federal and state officials from money damages unless a plaintiff” shows “(1) that the official violated a statutory or constitutional right, and (2) that the right was ‘clearly established’