Case law

Sharnick v. D'Archangelo

935 F. Supp. 2d 436 · District Court, D. Connecticut · Mar 22, 2013

reasonable, as evaluated in the context of legal rules that were ‘clearly established’ at the time.” … If the law was “clearly established, the [qualified] immunity defense ordinarily ... fail[s], since a reasonably competent official should know the law governing his conduct.” Harlow v.

Copelin-Brown v. New Mexico State Personnel Office

399 F.3d 1248 · Court of Appeals for the Tenth Circuit · Mar 1, 2005

Qualified Immunity We review de novo a district court’s ruling on qualified immunity. Farmer v. Perrill, 288 F.3d 1254, 1259 (10th Cir. 2002). … At the same time, the Court has stated that “[i]f the law was clearly established, the immunity defense ordinarily should fail, since a reasonably competent public official should know the law governing his conduct.”

Tiscareno v. Anderson

639 F.3d 1016 · Court of Appeals for the Tenth Circuit · Mar 14, 2011

Because such an obligation was not clearly established, we conclude that Anderson was entitled to qualified immunity. … Anderson is entitled to qualified immunity because he acted reasonably in light of clearly established law.

Jantz v. Muci

976 F.2d 623 · Court of Appeals for the Tenth Circuit · Dec 14, 1992

Therefore, the court analyzed Plaintiff's qualified immunity defense under a rational basis test, holding that it was clearly established in 1988 that the government could not " 'discriminate [against homosexuals] for the … Applying this precept as clearly established by one fellow district court, 1 the court held that Defendant was not entitled to the qualified immunity defense because he did not offer a rational explanation for basing his

Johnson v. Williams

584 F. Supp. 2d 97 · District Court, District of Columbia · Nov 3, 2008

In this case, however, even if the law on anonymous stops had been clearly established, the officers would still be entitled to *105 immunity because the uncontroverted evidence shows that they did not know the tip was anonymous … Qualified Immunity From Excessive Force Claim The officers are entitled to qualified immunity from plaintiffs claim of *106 excessive force.

Katz v. Molic

727 F. Supp. 114 · District Court, S.D. New York · Dec 21, 1989

The grant of qualified immunity, then, turns upon whether there was a clearly established constitutional right of which the defendants knew or should have known at the time, a question of law which may be addressed by a motion … The Second Circuit held that the complaint should have been dismissed on the ground of qualified immunity because a reasonable state official would not have known that this conduct violated Neu’s “clearly established statutory

Landstrom v. Illinois Department of Children & Family Services

699 F. Supp. 1270 · District Court, N.D. Illinois · Oct 31, 1988

immunity from money damages unless the conduct violated “clearly established statutory or constitu *1274 tional rights of which a reasonable person would have known” (Harlow v. … To double back a bit, what the earlier analysis established was that such allegations — even though accepted as true — do not divest the individuals of qualified immunity.

Taylor v. Russell

181 F. Supp. 2d 668 · District Court, E.D. Texas · Oct 24, 2001

In defense of Plaintiffs equal protection claims, Defendants assert qualified immunity. 1. Qualified Immunity. … “Qualified” or “good faith” immunity shields government officials performing discretionary functions from liability “unless their conduct violates clearly established statutory or constitutional rights of which a reasonable

Vasquez v. Hernandez

844 S.W.2d 802 · Texas Court of Appeals, 4th District (San Antonio) · Nov 12, 1992

Therefore, if the movant in the present case established the qualified immunity defense, the non-movants were required to controvert this by summary judgment evidence. … Moreover, a former Miami police chief’s stated opinion that the shooting could have been “avoided” does not address or refute the established elements of qualified immunity.

Estevis v. Cantu

134 F.4th 793 · Court of Appeals for the Fifth Circuit · Apr 16, 2025

We reverse and render judgment granting the officers qualified immunity for all shots fired. … In any event, Estevis bore the burden to negate qualified immunity by showing shots 4–9 violated clearly established law. See King v.

Williams v. Alabama State University

865 F. Supp. 789 · District Court, M.D. Alabama · Oct 12, 1994

Under this test, public officials performing discretionary functions which would objectively appear to be- within the official’s authority have qualified immunity if their challenged conduct did not violate a clearly established … To defeat a qualified immunity defense, the plaintiff bears the burden of showing that the “legal norms allegedly violated by the defendant were clearly established at the time of the challenged actions or, ... the law clearly

Smith v. Barber

195 F. Supp. 2d 1264 · District Court, D. Kansas · Mar 22, 2002

right allegedly implicated was clearly established”). … The Supreme Court has established a two-part approach to determine if qualified immunity applies.

Miller v. Campbell County, Wyo.

722 F. Supp. 687 · District Court, D. Wyoming · Oct 2, 1989

QUALIFIED IMMUNITY As officials performing discretionary functions, the defendants are entitled to assert qualified immunity from this lawsuit. Harlow v. … The plaintiff merely asserts that under Harlow , the defendants are not entitled to qualified immunity because the law is clearly established that a person cannot be deprived of property without due process of law or arrested

Roman Melendez v. Inclan

641 F. Supp. 998 · District Court, D. Puerto Rico · May 9, 1986

immunity test requires a two part analysis: 1) whether the officer's conduct violated a constitutional right "clearly established" at the time of the violation, and 2) whether the government official asserting the qualified … In the present case, defendant makes no argument in support of his claim for a qualified immunity that the law prohibiting patronage dismissals was not clearly established.

Navarro v. City of Riviera Beach

192 F. Supp. 3d 1353 · District Court, S.D. Florida · Jun 29, 2016

qualified immunity should not apply because: (1) the officers violated a constitutional right; and (2) that right was clearly established at the time of the incident.” … Even to the extent that facts exist capable of demonstrating a violation of a clearly established constitutional right and, thus, overcoming qualified immunity as to Sheriff Bradshaw in his individual capacity, amendment

Ford v. Moore

237 F.3d 156 · Court of Appeals for the Second Circuit · Jan 8, 2001

Qualified Immunity A defendant official is entitled to. qualified immunity if (1) the defendant’s actions did not violate clearly established law, or (2) it was objectively reasonable for the defendant to believe that his … actions were objectively unreasonable in light of clearly established law.

Bender v. City of Seattle

99 Wash. 2d 582 · Washington Supreme Court · May 26, 1983

We believe a qualified privilege will adequately protect police officers in releasing information to the public and press. It is then the plaintiff's burden to establish an abuse of that qualified privilege to recover. … Seattle Times, supra at 492 n.5, proof of an abuse of a qualified privilege must be established by clear and convincing evidence, not simply by a preponderance of the evidence.

Vincson Herren and Woody Eugene Herren v. E.J. Bowyer, Individually and in His Official Capacity as Sheriff of Lee County, Georgia

850 F.2d 1543 · Court of Appeals for the Eleventh Circuit · Aug 3, 1988

Public officials performing discretionary functions 5 enjoy qualified immunity from civil damages liability “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … a grant of summary judgment based upon qualified immunity.” 841 F.2d at 1565 ; accord Webb v.

James Meyer v. Lana J. Robinson, Individually and as a Police Officer of the City of Lawrence

992 F.2d 734 · Court of Appeals for the Seventh Circuit · May 6, 1993

The court adopted the following rule: “The question determining the existence of qualified immunity is whether a reasonable person could have believed the defendants’ actions to be lawful in light of clearly established law … Under the Harlow standard, qualified immunity should be granted when the official’s conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.

Hernandez v. Gates

100 F. Supp. 2d 1209 · District Court, C.D. California · Jun 20, 2000

QUALIFIED IMMUNITY A. … The City Council defendants claim that there is no clearly established law indicating that their actions were unlawful, and that they therefore have qualified immunity from suit in this case.