Case law

Robert P. Brennan v. Township of Northville, Lawrence Demeter and Fred Yankee, Individually and in Their Official Capacities

78 F.3d 1152 · Court of Appeals for the Sixth Circuit · Mar 26, 1996

Lawrence Demeter and Fred Yankee appeal the denial of qualified immunity in this action premised on 42 U.S.C. § 1983 . … II A denial of summary judgment on qualified immunity grounds may be reviewed on interlocutory appeal under Mitchell v.

Steven Hyer v. City and County of Honolulu

118 F.4th 1044 · Court of Appeals for the Ninth Circuit · Sep 23, 2024

The panel affirmed the district court’s grant of qualified immunity with respect to the use of a police dog because the law was not clearly established.  HYER V. … Indeed, “[e]ven if a government official violates a constitutional right, the official is entitled to qualified immunity unless the violated right was clearly established at the time of the incident.” Andrews v.

Christopher Lee Prosser v. Davis L. Ross, Co I

70 F.3d 1005 · Court of Appeals for the Eighth Circuit · Dec 1, 1995

Ross is entitled to qualified immunity unless he violated Prosser’s “clearly established” constitutional rights. Harlow v. Fitzgerald, 457 U.S. 800, 818 , 102 S.Ct. 2727, 2738 , 73 L.Ed.2d 396 (1982); Johnson v. … Ross is therefore entitled to qualified immunity as a matter of law.

Floyd v. City of Detroit

518 F.3d 398 · Court of Appeals for the Sixth Circuit · Mar 6, 2008

this case, Floyd’s constitutional right to be free from excessive force was clearly established. … The defendants properly concede that a suspect’s right to be free from the use of excessive force is clearly established.

Hyland v. Wonder

117 F.3d 405 · Court of Appeals for the Ninth Circuit · Jun 25, 1997

The defendants asserted qualified immunity. … The district court granted the individual defendants summary judgment on the ground of qualified immunity, finding that it was not “clearly established” in 1989 that a government volunteer possessed the same First Amendment

Wright v. Dee

54 F. Supp. 2d 199 · District Court, S.D. New York · May 28, 1999

A state actor is qualifiedly immune where his actions did not violate rights that a reasonable person would have known were clearly established. Stuto v. Fleishman, 164 F.3d 820, 825 (2d Cir.1999). … Defendants assert that they are entitled to qualified immunity because it was not clearly established at the time of Wright’s disciplinary hearing that assignment to the SHU for three years and the loss of good time credits

Brumley v. Utah State Tax Commission

220 Utah Adv. Rep. 45 · Utah Supreme Court · Sep 2, 1993

However, a plaintiff who seeks damages for violation of a constitutional or statutory right may overcome the defendant officials’ qualified immunity only by showing that those rights were clearly established at the time of … Because the constitutional rights in question were not “clearly established” during the twenty-day period, we find no error in the district court’s dismissal of plaintiffs’ civil rights action on the ground of qualified immunity

Harris v. District Board of Trustees of Polk Community College

9 F. Supp. 2d 1319 · District Court, M.D. Florida · Jun 18, 1998

The Eleventh Circuit Court of Appeals affirmed this Court’s ruling on the law enforcement officer defendants, saying that they were not entitled- to qualified immunity because “their conduct violated clearly established law … The Circuit Court of Appeals granted qualified immunity to the university officials in Andre because the plaintiff did not allege that they violated any clearly established law. Id. at 6.

Ewing v. City of Stockton

588 F.3d 1218 · Court of Appeals for the Ninth Circuit · Dec 9, 2009

The Ewings do not establish that the unlawfulness of charging Heather with murder on the facts in question was clearly established. See Hope v. … The Supreme Court has clearly stated that with respect to advising police, prosecutors are entitled to qualified not absolute immunity. Burns, 500 U.S. at 492-95 , 111 S.Ct. 1934 .

Pearce v. Estate of Longo

766 F. Supp. 2d 367 · District Court, N.D. New York · Mar 1, 2011

to qualified immunity. … Government actors are entitled to qualified immunity if “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v.

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

Supra Medical Corp. v. McGonigle

955 F. Supp. 374 · District Court, E.D. Pennsylvania · Jan 31, 1997

The burden then shifts to the plaintiff to produce evidence establishing that the foreign state is not entitled to immunity under one of the exceptions in § 1605. … The UMDS Defendants have provided no evidence of UMDS’ ownership, relying instead on a claim that the Schools’ qualify for immunity as an “organ of a foreign state.”

Cox v. County of Suffolk

780 F. Supp. 103 · District Court, E.D. New York · Dec 10, 1991

Qualified immunity is not only a defense to liability, but also a “protection against having to defend a lawsuit.” Magnotti, 918 F.2d at 367 . … clearly established at the time those acts took place.

Fuller v. Truncale

50 So. 3d 25 · District Court of Appeal of Florida · Nov 2, 2010

In the motion to dismiss, Fuller claimed judicial immunity against the class action, arguing he was simply following protocol established in several administrative orders. … Exposito, 824 So.2d 954, 955 (Fla. 3d DCA 2002) (stating ”[b]ecause qualified immunity protects an individual from having to defend a suit, O'Brien will effectively lose his entitlement to qualified immunity if the case proceeds

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.

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.

Sadallah v. City of Utica

383 F.3d 34 · Court of Appeals for the Second Circuit · Sep 3, 2004

] reasonable[] ... in light of the legal rules that were clearly established at the time it was taken. … Because plaintiffs have failed to establish a due process claim or any other violation of federal law, their claims are without merit. Accordingly, Hanna is entitled to qualified immunity. C.

Lewis v. City of Mount Vernon, Mount Vernon Police Dept.

984 F. Supp. 748 · District Court, S.D. New York · Nov 13, 1997

QUALIFIED IMMUNITY Qualified immunity entitles police officers to be shielded from liability for damages unless their conduct violates clearly established constitutional rights of which a reasonable person would have known … The requirement of a clearly established right means that the inquiry to ascertain whether qualified immunity is available differs from the inquiry into whether the Fourth Amendment may have been violated.

Forbes v. Township of Lower Merion

313 F.3d 144 · Court of Appeals for the Third Circuit · Dec 11, 2002

When a defendant moves for summary judgment based on qualified immunity, the denial of the motion may be appealed immediately under the collateral-order doctrine because "[t]he entitlement is an immunity from suit rather … For instance, we may "review whether the set of facts identified by the district court is sufficient to establish a violation of a clearly established constitutional right," but we may not "consider whether the district court

Harrington v. City of Council Bluffs, Iowa

678 F.3d 676 · Court of Appeals for the Eighth Circuit · Apr 30, 2012

In 2007, the district court found the officers were entitled to qualified immunity regarding their failure to disclose exculpatory evidence because any failure did not violate a right that was clearly established when the … “Qualified immunity is an affirmative defense for which the defendant carries the burden of proof. The plaintiff[s], however, must demonstrate that the law is clearly established.” Sparr v.