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  • 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.

    Cited 0 timesPublished
  • Tunnell v. Crosby

    657 F. Supp. 2d 1263 · District Court, N.D. Florida · Aug 24, 2009

    This is so because the motions to dismiss plainly must be granted anyway based on qualified immunity. Qualified immunity protects “all but the plainly incompetent or those who knowingly violate the law.” Malley v. … The defendants thus have qualified immunity. See, e.g., Anderson v.

    Cited 1 timesPublished
  • Chu v. Mississippi State University

    901 F. Supp. 2d 761 · District Court, N.D. Mississippi · Oct 3, 2012

    In evaluating a claim of qualified immunity, courts consider (1) whether the plaintiff has alleged a violation of a constitutional right, and (2) whether that right was clearly established at the time of the alleged misconduct … Qualified immunity bars suit against state officials “if their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”

    Cited 13 timesPublished
  • 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

    Cited 42 timesPublished
  • Chambers v. Pennycook

    641 F.3d 898 · Court of Appeals for the Eighth Circuit · Jun 6, 2011

    right was clearly established. … The second step in the qualified immunity analysis is to determine whether the right that was violated was “clearly established” at the time of the defendant’s alleged misconduct. Pearson, 129 S. Ct. at 816.

    Cited 471 timesPublished
  • 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

    Cited 0 timesUnknown
  • 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.

    Cited 15 timesPublished
  • 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

    Cited 35 timesPublished
  • Benavidez v. Shutiva

    2015 NMCA 65 · New Mexico Court of Appeals · Mar 31, 2015

    To overcome the qualified immunity defense, a “plaintiff must demonstrate that (1) the defendant’s alleged conduct violated a constitutional or statutory right, and (2) the right was clearly established at the time of the … Since the law was not clearly established, the defendants were entitled to qualified immunity and the lower court’s decision was reversed.

    Cited 0 timesPublished
  • 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.

    Cited 16 timesPublished
  • 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.

    Cited 65 timesPublished
  • Randall Fennell v. Matthew Gregory

    414 F. App'x 32 · Court of Appeals for the Ninth Circuit · Jan 31, 2011

    violated a constitutional right; and (2) whether the right was clearly established in light of the circumstances of this case. … established for qualified immunity purposes.

    Cited 0 timesUnpublished
  • 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’

    Cited 0 timesPublished
  • Montgomery v. Board of County Commissioners

    637 F. Supp. 2d 934 · District Court, D. Colorado · Jun 5, 2009

    Plaintiff further argues that “qualified immunity should be denied, because it is clearly established that a State may not discharge an employee on a basis that infringes that employee’s constitutionally-protected interest … Turning to the second prong of the qualified immunity analysis, I must determine whether Plaintiffs First Amendment right was clearly established at the time of the violation.

    Cited 5 timesPublished
  • Linda DeVooght v. City of Warren, Mich.

    Court of Appeals for the Sixth Circuit · Nov 5, 2025

    On appeal, Dwyer contends that he didn’t violate DeVooght’s clearly established First Amendment rights, so he should receive qualified immunity. … We have repeatedly held that a public employee’s right to engage in protected speech without retaliation is clearly established for purposes of qualified immunity. See Buddenberg v.

    Cited 0 timesPublished
  • Martino v. Hogan

    37 Mass. App. Ct. 710 · Massachusetts Appeals Court · Dec 13, 1994

    The defendants answered with denials and defenses including the defense of “qualified immunity.” … Finally, even were it assumed that the constitutional rule was “clearly established” and violated, so that qualified immunity did not attach, the defendants could be held individually liable for damages for the infractions

    Cited 32 timesPublished
  • M.W. Ex Rel. T.W. v. Madison County Board of Education

    262 F. Supp. 2d 737 · District Court, E.D. Kentucky · May 7, 2003

    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 … was clearly established.

    Cited 3 timesPublished
  • McGrath v. Tavares

    757 F.3d 20 · Court of Appeals for the First Circuit · Aug 1, 2014

    Qualified Immunity In any event, even if a constitutional violation was established, Defendants would still be entitled to summary judgment based on qualified immunity because they did not violate clearly … does not need to establish the officers were not entitled to qualified immunity

    Cited 88 timesPublished
  • Smith v. Tolley

    960 F. Supp. 977 · District Court, E.D. Virginia · Apr 4, 1997

    Baker, 825 F.2d 772, 774 (4th Cir.1987). 22 This is because “... there are two levels on which the immunity shield operates. First, the particular right must be clearly established in the law. … Therefore, Tolley is entitled to qualified immunity.

    Cited 20 timesPublished
  • Rose v. Town of Concord

    971 F. Supp. 47 · District Court, D. Massachusetts · Jul 15, 1997

    Qualified immunity shields government officials from liability for civil damages when their actions “[do] not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … An Officer’s “qualified immunity is pierced only if there clearly was no probable cause at the time the arrest was made.” Id.; see also Topp v. Wolkowski, 994 F.2d 45, 48 (1st Cir.1993).

    Cited 11 timesPublished

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