Case law

Tiscareno v. Anderson

639 F.3d 1016 · Court of Appeals for the Tenth Circuit · Mar 14, 2011

Because such an obligation was not clearly established, we conclude that Anderson was entitled to qualified immunity. … Anderson is entitled to qualified immunity because he acted reasonably in light of clearly established law.

Sherin v. Department of Human Resources

229 Ga. App. 621 · Court of Appeals of Georgia · Nov 4, 1997

(a) “Government officials performing discretionary functions are granted a qualified immunity shielding them from imposition of personal liability pursuant to 42 USC § 1983 ‘insofar as their conduct does not violate clearly … In this factual setting, it cannot be said that Reid’s failure to tell the Sherins about the masturbation was objectively unreasonable so as to deprive her of qualified immunity.

Maher ex rel. Estate of Maher v. Oklahoma ex rel. Tourism & Recreation Department

165 F. Supp. 3d 1089 · District Court, W.D. Oklahoma · Feb 29, 2016

the right was “clearly established” at the time of the challenged conduct.’ ” Wood v. … Qualified Immunity The Court must still consider whether Plaintiffs allegations are sufficient to overcome Defendant Young’s defense of qualified immunity.

Clairmont v. Sound Mental Health

632 F.3d 1091 · Court of Appeals for the Ninth Circuit · Jan 19, 2011

The district court held, in the alternative, that “Clairmont’s First Amendment right was not so ‘clearly established’ as to preclude qualified immunity for Ms. Wilson.” … SOUND MENTAL HEALTH immunity. Saucier, 533 U.S. at 201. “If the right was not clearly established at the time of the violation, the official is entitled to qualified immunity.”

Evenstad v. State

178 Ariz. 578 · Court of Appeals of Arizona · Aug 5, 1993

We agree with appellants that the qualified immunity provisions of A.R.S. section 12-820.02 do not apply to the duty of MVD to prescribe rules and regulations. … Clearly, MVD may be held liable for the grossly negligent issuance of drivers’ licenses. See § 12-820.02(5); Bird, 170 Ariz. at 23 , 821 P.2d at 290 (dicta) (qualified immunity applies to issuance of driver’s license).

Ernesto Nunez v. Luiz Izquierdo-Mora, Etc.

834 F.2d 19 · Court of Appeals for the First Circuit · Nov 30, 1987

not “clearly established.” … Thus, it was not clearly established that this position was protected from political discharge. The judgment of the district court in respect to the issue of qualified immunity is Reversed. 1 .

Gyadu v. Frankl

62 F. Supp. 2d 590 · District Court, D. Connecticut · Jul 23, 1999

Individuals are qualifiedly immune insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known. Id. at 818 , 102 S.Ct. 2727 . … Thus, as to those remedies, the defendants enjoy qualified immunity. The motions to dismiss will be granted, on grounds of qualified immunity, as to the allegations of violations of 42 U.S.C.

People v. Bylsma

294 Mich. App. 219 · Michigan Court of Appeals · Sep 27, 2011

SECTION 4 IMMUNITY The MMMA provides a registration system for “qualifying patients” and “primary caregivers.” 3 See MCL 333.26426. … to immunity under § 4(b) of the MMMA.

Jackson ex rel. Jackson v. Suffolk County

87 F. Supp. 3d 386 · District Court, E.D. New York · Feb 20, 2015

Even if a state actor deprives an individual of his constitutional rights, the doctrine of qualified immunity shields that government official from civil liability if his “conduct does not violate clearly established statutory … In particular, the Second Circuit has held that courts should cloak defendants with qualified immunity at the summary judgment stage "only 'if the court finds that the asserted rights were not clearly established, or if the

Facey v. Dickhaut

91 F. Supp. 3d 12 · District Court, D. Massachusetts · Sep 30, 2014

a violation of clearly established law. … The second prong of the qualified immunity analysis requires that the right have been clearly established at the time that it was allegedly violated. See Feliciano-Hernandez, 663 F.3d at 532 .

Edward v. GEC, LLC

67 V.I. 745 · Supreme Court of The Virgin Islands · Aug 1, 2017

However, it is equally “well-established that a party asserting jurisdiction bears the burden of establishing subject-matter jurisdiction.” *756 Gov’t of the V.I. v. … Additionally, courts in other jurisdictions have repeatedly interpreted similar workers’ compensation immunity statutes as not establishing limits on subject-matter jurisdiction, but simply codifying affirmative defenses

Hulen v. Yates

322 F.3d 1229 · Court of Appeals for the Tenth Circuit · Mar 4, 2003

Hulen received all process which is due, (2) Dean Costello was entitled to qualified immunity because the law was not clearly established. Even assuming that Dr. … Qualified Immunity Government officials who perform discretionary government functions are entitled to qualified immunity from civil damages, provided their conduct does not violate clearly established rights of

Okwa v. Harper

360 Md. 161 · Court of Appeals of Maryland · Jul 28, 2000

... assessed in light of the legal rules that were ‘clearly established’ at the time it was taken. … In determining whether Appellees were entitled to qualified immunity from Appellants’ § 1983 claim we first look to the relevant “legal rules that were ‘clearly established’ at the time” which governed Appellees actions during

Dixon v. Bannister

845 F. Supp. 2d 1136 · District Court, D. Nevada · Feb 25, 2012

Alternatively, Defendants argue they are entitled to qualified immunity because Plaintiff cannot show a clearly established right to receive cosmetic dental services. … Plaintiff therefore has failed to demonstrate a clearly established right and Defendants are entitled to qualified immunity.

D'Aoust v. Diamond

197 Md. App. 195 · Court of Special Appeals of Maryland · Dec 29, 2010

Qualified Immunity Having established that appellees are entitled to assert the defense of qualified immunity, we now come to the heart of the matter on appeal: whether the facts alleged and their permissible inferences would … “qualified” immunity.

Hernandez v. Hines

159 F. Supp. 2d 378 · District Court, N.D. Texas · Mar 29, 2001

Public officials are entitled to qualified immunity from suit under § 1983 unless the Plaintiffs demonstrate that they violated clearly established constitutional law. Schultea v. … The constitutional rights alleged to be violated *386 are “clearly established” for the purposes of evaluating qualified immunity.

Madonna Sterling, of the Estate of Marcus Anthony Wayman v. Borough of Minersville F. Scott Wilinsky, Police Officer Thomas Hoban, Police Officer Joseph Wilinsky, Police Chief, Individually and as Police Officers for the Borough of Minersville Officer F. Scott Wilinsky and Officer Thomas Hoban

232 F.3d 190 · Court of Appeals for the Third Circuit · Nov 14, 2000

The court further ruled that the officers were not entitled to qualified immunity since their conduct violated Wayman's clearly established right to privacy as protected by the Constitution. 7 Officers Hoban and Wilinsky … II. 8 We have previously set forth the analytical framework for deciding qualified immunity claims. First, we must determine if the plaintiff has alleged a deprivation of a clearly established constitutional right.

Edwards v. Gilbert

867 F.2d 1271 · Court of Appeals for the Eleventh Circuit · Feb 28, 1989

Once a defendant advances a defense of qualified immunity, he is entitled to summary judgment unless “the legal norms allegedly violated by the defendant were clearly established at the time of the challenged actions_” Mitchell … established” for purposes of qualified immunity at the time of Molbert’s death.

Haynes v. Marshall

887 F.2d 700 · Court of Appeals for the Sixth Circuit · Oct 12, 1989

“[T]he right the official is alleged to have violated must have been ‘clearly established’ ” in a particularized sense, Anderson v. … They suggest, however, that there was no clearly established standard by which to measure whether they used excessive force, until 1986 when the Supreme Court announced its opinion in Whitley v.

Human Rights Defense Center, Inc. v. Uttecht

Court of Appeals for the Ninth Circuit · Dec 11, 2025

Defendants were not entitled to qualified immunity because HRDC’s asserted right against delayed delivery in this context was clearly established. … Defendants were entitled to qualified immunity because HRDC’s due process right to be notified of the Committee’s decision was not clearly established.