Case law

Jill S. N. Schaffer v. Bryan Beringer

842 F.3d 585 · Court of Appeals for the Eighth Circuit · Nov 21, 2016

-4-  Qualified immunity shields government officials from liability unless their conduct “violated a clearly established constitutional or statutory right of which a … Thus, the qualified immunity analysis is divided into two prongs: (1) whether the facts alleged establish a violation of a constitutional or statutory right; and (2) whether that right was clearly established at the time

Tunnell v. Crosby

657 F. Supp. 2d 1263 · District Court, N.D. Florida · Aug 24, 2009

This is so because the motions to dismiss plainly must be granted anyway based on qualified immunity. Qualified immunity protects “all but the plainly incompetent or those who knowingly violate the law.” Malley v. … The defendants thus have qualified immunity. See, e.g., Anderson v.

Sheffield v. Pieroway

361 F. Supp. 3d 160 · District Court, District of Columbia · Feb 22, 2019

Qualified Immunity Resil asserts that he is entitled to qualified immunity, which plaintiff opposes. … Qualified Immunity Pieroway contends that he is entitled to qualified immunity.

Young v. Keohane

809 F. Supp. 1185 · District Court, M.D. Pennsylvania · Nov 13, 1992

In some cases, the qualified immunity issue may also turn on “the complementary question whether defendant had a clearly established duty towards plaintiff.” Ryan v. … What is “clearly established” law for qualified immunity purposes, however, commands only some, “not precise factual correspondence between relevant precedents and the conduct at issue.” Ryan, 860 F.2d at 1208 .

Mayronne v. Vaught

94 La.App. 4 Cir. 2140 · Louisiana Court of Appeal · Apr 13, 1995

Qualified immunity shields government officials performing discretionary functions “from liability for civil damages insofar as their Rconduct does not violate clearly established statutory or constitutional rights of which … Qualified immunity does not act as an absolute bar, but rather as a threshold over which a plaintiff must pass to continue litigation.

Torrez v. El Paso County Sheriff's Department

District Court, D. Colorado · Sep 16, 2021

and qualified immunity is appropriate). … July 22, 2021), the Court engaged in an extremely thorough examination of precedent from the Tenth Circuit Court of Appeals regarding when a right is clearly established for purposes of qualified immunity, ultimately finding

Roland Edger v. Krista McCabe

83 F.4th 858 · Court of Appeals for the Eleventh Circuit · Sep 26, 2023

Ca- sey, 75 F.4th 1176, 1187 (11th Cir. 2023) (“[T]he arguable probable cause inquiry in a false arrest case is no different from the clearly established law inquiry in any other qualified immunity … Where we part ways with the district court is on the issue of arguable probable cause or the “clearly established law” prong of the qualified immunity analysis.

Melanie Kelsay v. Matt Ernst

905 F.3d 1081 · Court of Appeals for the Eighth Circuit · Sep 27, 2018

Qualified immunity shields a government official from suit under § 1983 if his "conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known." Harlow v. … The district court rejected Ernst's defense of qualified immunity.

Odom v. Wayne County

482 Mich. 459 · Michigan Supreme Court · Dec 30, 2008

Contrary to defendant’s position, Ross clearly provides governmental employees qualified immunity from intentional-tort liability at common law. … Thus, the proponent of individual immunity must establish that he acted without malice.

James King v. United States

917 F.3d 409 · Court of Appeals for the Sixth Circuit · Feb 25, 2019

The doctrine of qualified immunity shields government officials "from liability for civil damages if their actions did not violate clearly established statutory or constitutional rights of which a reasonable person would … If a jury were to credit Plaintiff's testimony, then neither Defendant is entitled to qualified immunity because any reasonable officer would have known, based on clearly established law, that applying force-tackling Plaintiff

Joseph E. Birrell v. Robert Brown, Director, Michigan Dept. Of Corrections

867 F.2d 956 · Court of Appeals for the Sixth Circuit · Feb 13, 1989

Upon reference, the magistrate reviewed the plaintiff’s allegations and reported in a twenty page recommendation that the defendants could not establish qualified immunity to insulate themselves under the circumstances. … A prison official’s motion for summary judgment based on qualified immunity should be denied only when he acts intentionally, or when his alleged actions violate clearly established rights of which a reasonable person would

Elkins v. Summit County, Ohio

615 F.3d 671 · Court of Appeals for the Sixth Circuit · Aug 10, 2010

Qualified Immunity In evaluating qualified immunity claims, we “[f]irst . . . determine whether a constitutional violation occurred; second, we determine whether the right that was violated was a clearly established … immunity, i.e., whether a given set of facts violates clearly established law.’”

Mitchell v. Luckenbill

680 F. Supp. 2d 672 · District Court, M.D. Pennsylvania · Jan 5, 2010

“Qualified immunity shields government officials from civil damages liability ‘insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known … was clearly established at the time of the violation.”

Burhans v. Lopez

24 F. Supp. 3d 375 · District Court, S.D. New York · Jun 10, 2014

An official is entitled to qualified immunity if his or her “conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” DiStiso v. … Finally, Silver asserts that he is entitled to qualified immunity under state and city law.

Mark Debower, plaintiff-appellee/cross-appellant v. County of Bremer, Iowa, Duane Hildebrandt, in His Individual and Official Capacities, and Dennis Miller, in His Individual and Official Capacities, defendants-appellants/cross-appellees.

Court of Appeals of Iowa · Apr 30, 2014

In the post-trial motion ruling the district court noted qualified immunity is defeated where a defendant violates a clearly establish right. … “[T]he doctrine of qualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable

North

District Court, S.D. California · Nov 17, 2025

App’x 490, 493 (9th 4 Cir. 2017) (internal quotation marks omitted) (concluding defendants were entitled to 5 qualified immunity because it was not clearly established that depriving prisoner of a 6 mattress or bed … Mandeville, 706 F.3d 7 1052, 1060 (9th Cir. 2013) (finding defendants entitled to qualified immunity because it 8 was not clearly established that mattress deprivation for seven days violated Eighth 9 Amendment

John Doe v. Univ. of Kentucky

860 F.3d 365 · Court of Appeals for the Sixth Circuit · Jun 15, 2017

Defendant Simpson fails to show this procedure is inapplicable in cases involving qualified immunity.4 The concerns that support determining qualified immunity at the earliest stage of litigation are not present … As qualified immunity is “immunity from suit rather than a mere defense to liability,” it becomes essentially meaningless if a case wrongfully goes to trial. Pearson, 555 U.S. at 231.

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.

Freeman v. Fallin

254 F. Supp. 2d 52 · District Court, District of Columbia · Mar 24, 2003

Qualified immunity “shield[s officials] from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … Britton, 523 U.S. 574, 591 , 118 S.Ct. 1584 , 140 L.Ed.2d 759 (1998) (stating that “[i]f the law was clearly established, the immunity defense ordinarily should fail, since a reasonably competent public official should know

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.