Case law

Richard Ceballos v. Gil Garcetti Frank Sundstedt Carol Najera County of Los Angeles

361 F.3d 1168 · Court of Appeals for the Ninth Circuit · Mar 22, 2004

The Constitutional Right Was Clearly Established Even if Ceballos’s speech is constitutionally protected, the defendants are nonetheless entitled to qualified immunity if the constitutional right was not clearly established … law is clearly established, and qualified immunity is therefore unavailable.

Wallace v. Moberly

947 S.W.2d 273 · Court of Appeals of Texas · Jul 17, 1997

B) Qualified Immunity to § 1983 Claims In his second point of error, Wallace argues that the trial court erred by denying his motion for summary judgment because he is entitled to qualified immunity to Moberly’s federal law … Wallace is entitled to qualified immunity if he could have reasonably believed his actions to be lawful in light of clearly established law and the information he possessed. Hunter v.

Gutierrez v. City of Indianapolis

886 F. Supp. 2d 984 · District Court, S.D. Indiana · Aug 13, 2012

Under the doctrine of qualified immunity, police officers are shielded “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … Qualified Immunity Defendants assert that Officer Kermon is entitled to qualified immunity with respect to Mr. Gutierrez’s excessive force claim.

Purzycki v. Town of Fairfield

44 Conn. App. 359 · Connecticut Appellate Court · Feb 25, 1997

The plaintiffs claim that the trial court improperly determined that they failed to establish the imminent harm aspect of the identifiable person-imminent harm exception to the defendants’ qualified governmental immunity. … With this standard of review in mind, we turn now to the law concerning municipal immunity. “ ‘The doctrines that determine the tort liability of municipal employees are well established.

Hill ex rel. Estate of Hill v. Adkins

59 F. Supp. 3d 814 · District Court, E.D. Kentucky · Nov 18, 2014

Qualified immunity shields government officials from “liability for civil damages insofar as their conduct does not violate clearly established ... constitutional rights of which a reasonable person would have known.” … Hill and, if a violation occurred, whether he transgressed a “clearly established right.” See Heflin v. Stewart County, Tenn., 958 F.2d 709, 717 (6th Cir.1992).

Evans v. Ball

168 F.3d 856 · Court of Appeals for the Fifth Circuit · Mar 12, 1999

Hence, the restrictions were not a clearly established constitutional violation, and the allegation of seizure cannot abrogate qualified immunity. 1. … 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

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

Bailey v. Kenney

791 F. Supp. 1511 · District Court, D. Kansas · Apr 16, 1992

Standards for Qualified Immunity Qualified immunity is available to state actors who perform discretionary functions if their actions do not violate clearly established law of which a reasonable person would have known. … violated a clearly established federal right of plaintiff.

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.

Van Dyke v. Washington

896 F. Supp. 183 · District Court, C.D. Illinois · Aug 3, 1995

However, "the defense of qualified immunity shields government officials performing discretionary functions `from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … and (2) whether the constitutional standards implicated were clearly established at the time in question.

Hike v. Hall

427 N.W.2d 158 · Supreme Court of Iowa · Jul 20, 1988

Conversely, in situations in which assistant state’s attorneys’ activities are not quasi-judicial and consequently are clothed only with qualified immunity, that qualified immunity applies as well to a claim that the state … of liberty ... the alternative of qualifying a prosecutor’s immunity would disserve the broader public interest.

Harvey Levin v. Lisa Madigan

692 F.3d 607 · Court of Appeals for the Seventh Circuit · Aug 17, 2012

Accord- ingly, Judge Coar believed that the constitutional right was not clearly established and qualified immunity was appropriate. Id. … Because Levin’s constitutional right was clearly established, the Individual Defendants are not entitled to qualified immunity. III.

Yost v. Wilhoit

District Court, E.D. Tennessee · Nov 8, 2021

Defendant Wilhoit also asserts qualified immunity as a defense. … It is well established that a plaintiff has the burden to defeat qualified immunity once it has been raised.

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.

Dent v. Montgomery County Police Department

745 F. Supp. 2d 648 · District Court, D. Maryland · Sep 17, 2010

Qualified Immunity The doctrine of qualified immunity shields government officials “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which … If the right was not clearly established, the qualified immunity doctrine shields a defendant officer from liability.

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

Xiaoxing Xi v. Andrew Haugen

68 F.4th 824 · Court of Appeals for the Third Circuit · May 24, 2023

Its determination that Xi failed to establish a “clearly established” violation for purposes of its qualified immunity analysis was therefore dispositive. Id. Xi now brings this timely appeal. II. … immunity because any constitutional rights he violated were not “clearly established.”

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.

Hemphill v. Hale

677 F.3d 799 · Court of Appeals for the Eighth Circuit · May 10, 2012

The court later denied the motion, finding that Hale was not entitled to qualified immunity. … We review de novo the court’s determination that Hale is not entitled to qualified immunity, and we must decide whether the facts, construed in the light most favorable to Hemphill, established a constitutional violation,