Case law

United Pet Supply, Inc. v. City of Chattanooga

921 F. Supp. 2d 835 · District Court, E.D. Tennessee · Feb 5, 2013

constitute.a violation of clearly established law.” … The question for the Court is whether the rights were clearly established to a reasonable person. The Court concludes they were, and denies qualified immunity.

Alexander v. City of Bessemer

142 So. 3d 543 · Supreme Court of Alabama · Oct 18, 2013

to so-called “qualified immunity” under federal law. … It is only “when an official’s conduct violates “clearly established statutory or constitutional rights of which a reasonable person would have known’” that ‘the official is not protected by qualified immunity.’ Id.

Tyner v. Department of Social & Health Services

137 Wash. App. 545 · Court of Appeals of Washington · Mar 13, 2007

Qualified Immunity ¶26 DSHS contends that its officers are entitled to qualified immunity from Tyner’s 42 U.S.C. § 1983 First *561 Amendment claim because “[t]here is no law clearly establishing that criticizing one’s supervisor … We explained qualified immunity in Wilson: Public officials are immune from suit unless the “law clearly proscribed the actions” they took.

Avila v. Butt Thornton & Baher, P.C.

New Mexico Court of Appeals · Jun 10, 2025

officers are protected by qualified immunity. … qualified immunity is available to BTB cannot be upheld.

Chance v. Coquille Indian Tribe

327 Or. 318 · Oregon Supreme Court · Jul 16, 1998

Defendants deny that the *322 contract or any other legal document of the Tribe contains anything that qualifies as a waiver of sovereign immunity. … Defendants argue that the quoted contract provision is incomprehensible and cannot qualify as an unequivocal waiver of immunity.

Starlight Sugar, Inc. v. Soto

253 F.3d 137 · Court of Appeals for the First Circuit · Jun 11, 2001

Fitzgerald, 457 U.S. 800 (1981), the district court identified a two-part test for determining whether an official is entitled to qualified immunity: (1) whether the law was clearly established at the time the action was … When determining whether a constitutional right is clearly established for purposes of qualified immunity, state,4 as well as federal, decisions can be considered. See Cinelli v.

Herman v. City of Tucson

197 Ariz. 430 · Court of Appeals of Arizona · Nov 23, 1999

In defense, the City asserted qualified immunity under the recreational use statute. … To conclusively establish recreational user status based solely on the City’s grant of permission to all persons to enter a park, the Hermans argue, would result in “a ‘blanket immunity’ that covers everyone in the world,

Stagemeyer v. County of Dawson

192 F. Supp. 2d 998 · District Court, D. Nebraska · Mar 20, 2002

Qualified Immunity “Government officials performing discretionary functions are entitled to qualified immunity unless they violate clearly established statutory or constitutional rights of which a reasonable person would … Likewise, because qualified immunity is not clearly established on the face of the complaint, I shall also deny the defendants’ motion to dismiss the Fourth Amendment claim based on qualified immunity.

Brian Dias William Mason, Sr. v. Jose Elique Michael Murray University and Community College System of Nevada University of Nevada, Las Vegas

436 F.3d 1125 · Court of Appeals for the Ninth Circuit · Feb 6, 2006

QUALIFIED IMMUNITY Appellants assert Murray and Elique (the “Supervisors”) violated their clearly established constitutional rights by initiating an investigation without giving Appellants proper notice under Nev.Rev. … The district court applied the doctrine of qualified immunity and dismissed these claims. 5 To determine whether summary judgment on qualified immunity was proper, we must first evaluate whether, taking the facts in the light

Shearer v. Tacoma School District No. 10

942 F. Supp. 2d 1120 · District Court, W.D. Washington · Apr 29, 2013

Jarvis is not entitled to qualified immunity because he violated plaintiffs clearly established right to due process; (4) Dr. … Jarvis is not entitled to qualified immunity because he violated plaintiffs clearly established right to due process.

Hudson v. Hall

231 F.3d 1289 · Court of Appeals for the Eleventh Circuit · Nov 9, 2000

violated clearly established law." … clearly established law.

Grant v. Winik

948 F. Supp. 2d 480 · District Court, E.D. Pennsylvania · Jun 11, 2013

Accordingly, using pepper spray under these circumstances did not violate clearly established constitutional or statutory law, and so the Court finds that Baran is entitled to qualified immunity on this issue. 3. … Under these circumstances, Winik’s use of deadly force did not violate clearly established constitutional or statutory law. Accordingly, Winik is entitled to qualified immunity.

Flores v. City of Palacios

381 F.3d 391 · Court of Appeals for the Fifth Circuit · Aug 10, 2004

STEP TWO: OBJECTIVE REASONABLENESS IN LIGHT OF CLEARLY ESTABLISHED LAW For a right to be clearly established under the second step of the qualified immunity analysis, “[t]he contours of … the qualified immunity analysis.

Kurtz v. Denniston

872 F. Supp. 631 · District Court, N.D. Iowa · Dec 19, 1994

Delo, 999 F.2d 364, 366 (8th Cir.1993) (first step in qualified immunity analysis was determination of whether conduct violated any clearly established right). … special religious diet is clearly established.

Eckmann v. Board of Education of Hawthorn School District No. 17

636 F. Supp. 1214 · District Court, N.D. Illinois · May 19, 1986

Having at least arguably violated a clearly established constitutional right of plaintiff, the Board members lose the benefits of a qualified immunity — “immunity from suit” — and are forced to proceed to trial to test the … Qualified immunity protects government officials only in cases where it cannot be said that their actions violated rights clearly established at the time that they acted.

Brinston v. Dunn

928 F. Supp. 669 · District Court, S.D. Mississippi · Apr 22, 1996

And finally, Dunn maintains that she is entitled to qualified immunity, in any event, since plaintiffs claimed First Amendment right was not- clearly established at the time his employment was terminated. … However, “[government officials performing discretionary functions are entitled to qualified immunity from suit unless their conduct violated clearly established statutory or constitutional rights of which a reasonable person

Ontiveros v. City of Rosenberg, Tex.

564 F.3d 379 · Court of Appeals for the Fifth Circuit · Mar 30, 2009

Qualified immunity is applicable unless the defendant’s conduct violated a clearly established constitutional right. … In order to evaluate the “clearly established law” prong of the qualified immunity test, the court must ask whether, at the time of the incident, the law clearly established that such conduct would violate the right.

Goodwin Ex Rel. Nall v. City of Painesville

781 F.3d 314 · Court of Appeals for the Sixth Circuit · Mar 19, 2015

THE QUALIFIED IMMUNITY ANALYSIS The qualified immunity doctrine “protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … Caselaw reveals that such a right was clearly established. The Officers contend that Officer Soto is entitled to qualified immunity not just on his initial decision to taser Mr.

Frank D. Unger and Sherri J. Unger v. Susan Pierce

Intermediate Court of Appeals of West Virginia · Nov 1, 2023

Pierce were in violation of a clearly established constitutional right, nor were they fraudulent, malicious, or oppressive. … Code, 29-12A-1, et seq. is 3  entitled to qualified immunity from personal liability for official acts if the involved conduct did not violate clearly established

Dennis v. Board of Education

21 F. Supp. 3d 497 · District Court, D. Maryland · May 8, 2014

immunity. 3 School officials *503 performing discretionary functions have qualified immunity — they are shielded from liability for civil damages to the extent “ ‘their conduct does not .violate clearly established statutory … was ‘clearly established’ at the time of its violation.”