Case law

Savage v. County of Stafford, Va.

754 F. Supp. 2d 809 · District Court, E.D. Virginia · Nov 16, 2010

As noted above, in order to overcome an officer’s qualified immunity, the federal right alleged to have been violated must be clearly established at the time of the acts complained of such that an objectively reasonable official … It cannot be said that Sturdivant violated a clearly established federal right by arresting Savage.

Troy Thompson v. Ira Mercer

762 F.3d 433 · Court of Appeals for the Fifth Circuit · Aug 7, 2014

A public official is entitled to qualified immunity unless his conduct violates constitutional law that was “clearly established at the time of the defendant’s actions.” Freeman v. … We agree with the Thompsons that—at the very least—the relevant law is not so well developed as to clearly establish a violation here. And it is for that very reason that Mercer is entitled to qualified immunity.

ELENE H. v. County of Los Angeles

220 Cal. App. 3d 1445 · California Court of Appeal · May 2, 1990

Defendants contend that their conduct was totally immunized and, if not totally immunized, was within the range of qualified immunity for law enforcement officers recognized by federal law. (Malley v. … Clearly the behavior of a law enforcement officer which is grossly incompetent or demonstrates knowing disregard for established legal rights is not protected by qualified immunity. *1454 In the case at bench, the defendants

Gurski v. State Police Dept.

242 N.J. Super. 148 · New Jersey Superior Court Appellate Division · Jun 4, 1990

action is a violation) violates a clearly established right. … Plaintiffs would be able to convert the rule of qualified immunity that our cases plainly establish into a rule of virtually unqualified liability simply by alleging violation of extremely abstract rights.

Williams v. Kaufman County

86 F. Supp. 2d 586 · District Court, N.D. Texas · Feb 7, 2000

Conversely, an official’s conduct is not protected by qualified immunity if, in light of clearly established pre-existing law, it was apparent the conduct, when undertaken, would be a violation of the right at issue. … Before this standard, the parameters of this right were not clearly established or defined. Since these parameters were not clearly defined in April 1995, Sheriff Harris is entitled to qualified immunity.

Robbins v. Regents of University of California

25 Cal. Rptr. 3d 851 · California Court of Appeal · Mar 16, 2005

The trial court agreed that Suris was entitled to immunity, finding there was no evidence of a constitutional violation (and even if there was such a violation, it was not one of clearly established law), by virtue of LaVine … If no constitutional right would have been violated were the allegations established, there is no necessity for further inquires concerning qualified immunity.

Angel Mendez v. County of Los Angeles

897 F.3d 1067 · Court of Appeals for the Ninth Circuit · Jul 27, 2018

The officers could not benefit from qualified immunity, because at the time of the incident, case law had clearly established that the officers’ entry was unlawful. Mendez v. … The law on all these points was clearly established at the time, so the officers could not obtain qualified immunity for their unlawful search. Id. at 1191.

Robinson v. Metropolitan Atlanta Rapid Transit Authority

334 Ga. App. 746 · Court of Appeals of Georgia · Nov 23, 2015

Qualified immunity gives government officials performing discretionary functions complete protection from individual claims brought pursuant to 42 USC § 1983, if their conduct does not violate clearly established … Whether qualified immunity protects an official from suit is a question of law.

Comair, Inc. v. Lexington-Fayette Urban County Airport Corp.

295 S.W.3d 91 · Kentucky Supreme Court · Oct 1, 2009

Despite the frequency of opinions on the subject from this Court, the law of sovereign immunity, and the related doctrines of governmental immunity, official immunity, and qualified official immunity, is still difficult to … Under this test, the Court concluded, “our constitutional fathers would not view this activity as qualifying for sovereign immunity.” Id.

Michael Chrestman v. Metro Gov't of Nashville & Davidson Cnty., Tenn.

Court of Appeals for the Sixth Circuit · Sep 16, 2025

That this case comes to us at the motion-to-dismiss stage complicates our analysis of the clearly established prong of the officers’ qualified-immunity defense. … There, we explained that “dismissing for qualified immunity” on the clearly established prong “is sometimes difficult because the clearly established inquiry may turn on case-specific details that must be fleshed out in discovery

Nolin v. Isbell

207 F.3d 1253 · Court of Appeals for the Eleventh Circuit · Mar 28, 2000

In this case, like Sheth , Appellant accepts Appellee’s version of the events and argues those facts do not demonstrate a violation of clearly established law. 1 This Court conducts a de novo review of qualified immunity … Qualified immunity protects from civil liability government officials who perform discretionary functions if the conduct of the officials does not violate “clearly established statutory or constitutional rights of which a

J.M.R. v. County of Talladega

686 So. 2d 209 · Supreme Court of Alabama · Nov 27, 1996

. § 1983 , the defendants raised qualified immunity as a defense. … Under the qualified immunity defense to § 1983 actions, “government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established

Castillo v. City of Weslaco

388 F.3d 464 · Court of Appeals for the Fifth Circuit · May 13, 2004

Finding that the Officers sufficiently alleged a violation of clearly established federal law, the district court denied the Appellants’ motion for summary judgment asserting qualified immunity and scheduled the case for … II Qualified immunity is appropriate if “the defendant’s actions were ‘objectively reasonable’ with reference to ‘clearly established law’ at the time of the conduct in question.” Petta v.

Williams v. ONTARIO COUNTY SHERIFF'S DEPT.

662 F. Supp. 2d 321 · District Court, W.D. New York · Sep 21, 2009

Qualified immunity shields law enforcement officials who perform discretionary functions from liability if their conduct does not violate clearly established statutory or constitutional rights of which a reasonable prison … to qualified immunity.

Ferris v. County of Kennebec

44 F. Supp. 2d 62 · District Court, D. Maine · Mar 5, 1999

Failure to State a Claim and Qualified Immunity 1. … Qualified Immunity Sprowl’s contention that her, liability is precluded by qualified immunity is similarly unpersuasive.

Hanse v. Phillips

276 Ga. App. 558 · Court of Appeals of Georgia · Nov 29, 2005

Supreme Court has held that “qualified immunity is an entitlement not to stand trial rather than a mere defense to liability.” Id. at 124 (1). … And this “provides persuasive reasons for resolving the issue of... qualified immunity as early as possible in the legal proceedings.” Id.

Niles v. Town of Wakefield

172 F. Supp. 3d 429 · District Court, D. Massachusetts · Mar 24, 2016

Qualified Immunity ■ The First Circuit recently described the contours of the qualified immunity defense in detail as follows: The rules for granting qualified immunity are well established, “The doctrine of qualified immunity … ” subject to qualified immunity).

Ronald K. Drewitt v. Fred L. Pratt Pizza Hut of America, Inc., City of Norfolk, Party-In-Interest

999 F.2d 774 · Court of Appeals for the Fourth Circuit · Jul 22, 1993

Accordingly, because no clearly established constitutional right was violated, the district court held that Officer Pratt was clearly entitled to qualified immunity on such claim. … Immunity may thus be established either on the basis that the right allegedly (or actually) violated was not at the time one "clearly established,” or that, though "clearly established,” (and violated), it was one that a

Transcare Maryland, Inc. v. Murray

431 Md. 225 · Court of Appeals of Maryland · Apr 22, 2013

The County noted that, while the firefighter was clearly immune under the Good Samaritan Act, “[t]he volunteer fire department, however, is a private nonprofit corporation which does not appear to have the statutory immunity … Act, regardless of whether the company’s employee may qualify for immunity under the statute.

Green v. Henley

727 F. Supp. 582 · District Court, D. Kansas · Nov 13, 1989

immunity. … Accordingly, summary judgment in defendants’ favor on the basis of qualified immunity is appropriate as well.