Case law

Alexander v. City of Bessemer

142 So. 3d 543 · Supreme Court of Alabama · Oct 18, 2013

to so-called “qualified immunity” under federal law. … It is only “when an official’s conduct violates “clearly established statutory or constitutional rights of which a reasonable person would have known’” that ‘the official is not protected by qualified immunity.’ Id.

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.

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.

Brawley v. Punt

186 F. Supp. 3d 1102 · District Court, D. Montana · May 11, 2016

On the other hand, because the law may not be clearly established, Officer Punt could be entitled to qualified immunity as a mat *1109 ter of law. The constitutional question is addressed first below. See Plumhoff v. … to qualified immunity.

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.

Larry D. Jr. and Pamela Pyles v. Mason Co. Fair, Inc.

239 W. Va. 882 · West Virginia Supreme Court · Nov 1, 2017

under the Act are legal determinations capable of and demanding resolution at this juncture of the litigation rather than at the appellate stage.15 Because the principles of governmental immunity clearly apply to the facts … Pack, 223 W.Va. 828, 831, 679 S.E.2d 660, 663 (2009) (affirming “need for early resolution of immunity rulings” and holding that summary judgment ruling predicated on qualified immunity is subject to immediate appeal under

Miller v. Clinton County

544 F.3d 542 · Court of Appeals for the Third Circuit · Oct 1, 2008

The court concluded that Judge Saxton had not established that he was entitled to qualified immunity because the record did not support his claim that he had not violated Miller’s clearly established constitutional rights … Discussion The doctrine 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

SMITH v. MCKINNEY

District Court, E.D. Pennsylvania · Oct 6, 2023

As an affirmative defense, the burden of establishing qualified immunity falls on to the official claiming it. , 642 F.3d 163, 176 (3d Cir. 2011). … clearly established when the conduct took place. , 905 F.3d at 716.

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.

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.

Perez v. ZAYAZ

396 F. Supp. 2d 90 · District Court, D. Puerto Rico · Oct 3, 2005

Qualified Immunity. In the alternative, defendants have raised qualified immunity defense. … A qualified immunity defense requires a two-part analysis: “The first inquiry is whether the constitutional right asserted by plaintiffs was clearly established at the time of the alleged violation.

Cleavinger v. Saxner

474 U.S. 193 · Supreme Court of the United States · Dec 10, 1985

To be sure, the line between absolute immunity and qualified immunity often is not an easy one to perceive and structure. … Petitioners state that they have not challenged — although they do not concede— the ruling that they violated “clearly established constitutional rights” of respondents. See Brief for Petitioners 7, n. 8.

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

Masters v. San Bernardino County Employees Retirement Ass'n

32 Cal. App. 4th 30 · California Court of Appeal · Jan 19, 1995

That is, while a public employee’s immunity is qualified, the immunity of a public entity for misrepresentation by its employee, whether intentional or negligent, is absolute. (Gov. Code, § 818.8; see Harshbarger v. … case to case, of the requisite qualifying facts.

Gragg v. Kentucky Cabinet for Workforce Development

289 F.3d 958 · Court of Appeals for the Sixth Circuit · May 20, 2002

Garrett, 880 S.W.2d 530, 534 (Ky.1994)) To prevail against a defense of qualified immunity a plaintiff must first establish the constitutional right that she claims was violated by the defendants. Wilson v. … She must then demonstrate that this right was clearly established at the time of the infringement.

Van De Yacht v. the City of Wausau

661 F. Supp. 2d 1026 · District Court, W.D. Wisconsin · Oct 13, 2009

on the ground of qualified immunity. … one is enough to establish the defense of qualified immunity.

Billie Hovick v. Darci Patterson

37 F.4th 511 · Court of Appeals for the Eighth Circuit · Jun 16, 2022

established.2 “We review de novo the district court’s grant of summary judgment based on qualified immunity.” … Our qualified-immunity inquiry “involv[es] two questions—whether the official’s conduct violated a constitutional or statutory right, and whether that right was clearly established.” Id.

Flores v. City of Palacios

381 F.3d 391 · Court of Appeals for the Fifth Circuit · Aug 10, 2004

STEP TWO: OBJECTIVE REASONABLENESS IN LIGHT OF CLEARLY ESTABLISHED LAW For a right to be clearly established under the second step of the qualified immunity analysis, “[t]he contours of … the qualified immunity analysis.

Frank D. Unger and Sherri J. Unger v. Susan Pierce

Intermediate Court of Appeals of West Virginia · Nov 1, 2023

Pierce were in violation of a clearly established constitutional right, nor were they fraudulent, malicious, or oppressive. … Code, 29-12A-1, et seq. is 3  entitled to qualified immunity from personal liability for official acts if the involved conduct did not violate clearly established

Washington v. Starke

855 F.2d 346 · Court of Appeals for the Sixth Circuit · Aug 26, 1988

or not qualified immunity exists. … clearly established law.’