Case law

Smith v. Our Lady of the Lake Hosp., Inc.

624 So. 2d 1239 · Louisiana Court of Appeal · Aug 31, 1993

forth criteria for application of the qualified immunity. … conditions. [7] Had the legislature of this state envisioned that there is but one criteria for the application of the qualified immunity, the language of the statute would have clearly reflected this intent.

William Manery v. Jason Lee

Court of Appeals for the Seventh Circuit · Jan 7, 2025

An official will be protected by qualified immunity “un- less the plaintiff shows: ‘(1) that the official violated a statu- tory or constitutional right, and (2) that the right was “clearly established” at the time of the … It was not clearly established that Lieutenant Lee’s use of deadly force was unreasonable, and, accordingly, he is entitled to qualified immunity.

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.

Torres v. Runyon

80 F. App'x 594 · Court of Appeals for the Ninth Circuit · Nov 6, 2003

If the official violated a constitutional right, he or she nonetheless may be entitled to qualified immunity if the right was not clearly established such that a reasonable official “would understand that what he is doing … The next prong of the qualified immunity analysis is “ ‘a two-part inquiry: (1) Was the law governing the state official’s conduct clearly established?

Session v. Wargo

District Court, D. Colorado · Aug 12, 2021

rights that (1) were “clearly 9 established” at the time of the conduct, and (2) would have been known to a reasonable person in the official’s position … be undertaken and qualified immunity is appropriate).

Sutton v. Village of Valley Stream, NY

96 F. Supp. 2d 189 · District Court, E.D. New York · May 8, 2000

A government official claiming qualified immunity bears the burden of proving either: (1) that the conduct alleged did not violate clearly established rights of which a reasonable person would have known, or (2) that it was … established” so as to defeat a claim for qualified immunity.

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.

Shelton v. Angelone

148 F. Supp. 2d 670 · District Court, W.D. Virginia · Mar 21, 2001

“If the law was clearly established, the immunity defense ordinarily should fail, since a reasonably competent public official should know the law governing his conduct.” Harlow, 457 U.S. at 818-819 , 102 S.Ct. 2727 . … To be clearly established for purposes of qualified immunity, “[t]he contours of the right must be sufficiently clear that a reasonable official would understand that what he is doing violates that right.” Anderson v.

St. John v. McColley

653 F. Supp. 2d 1155 · District Court, D. New Mexico · Sep 8, 2009

Qualified immunity protects government officials from civil damages “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … John’s rights were clearly established. The Court finds that they were.

Opinion Number

Louisiana Attorney General Reports · Nov 17, 2003

The defendant pleading qualified immunity is entitled to dismissal before the beginning of discovery if the plaintiff's allegations do not state a claim of violation of clearly established law. Harlow v. … Further, the defendants have clearly carried their burden of pleading qualified immunity.

Rehberg v. Paulk

611 F.3d 828 · Court of Appeals for the Eleventh Circuit · Mar 11, 2010

Qualified Immunity Qualified immunity shields government officials who perform discretionary governmental functions from civil liability so long as their conduct does not violate any “clearly established statutory … immunity because Rehberg’s right to be free from a retaliatory investigation is not clearly established.

Showers v. Spangler

957 F. Supp. 584 · District Court, M.D. Pennsylvania · Mar 5, 1997

of clearly established law.” … While we conclude here that Johnson is correct in so finding, we must also conclude that this was not clearly established law in April of 1993. Defendants are, therefore, entitled to qualified immunity. D.

Yost v. Wilhoit

District Court, E.D. Tennessee · Nov 8, 2021

Defendant Wilhoit also asserts qualified immunity as a defense. … It is well established that a plaintiff has the burden to defeat qualified immunity once it has been raised.

Garner v. Steger

69 F. Supp. 3d 581 · District Court, W.D. Virginia · Oct 9, 2014

Third, defendants argue they are entitled to qualified immunity because they did not violate plaintiffs clearly established rights. … The court next turns to the second prong of qualified immunity — whether the employment action here violated Garner’s clearly established rights.

Schwartz v. Pridy

874 F. Supp. 256 · District Court, E.D. Missouri · Jan 18, 1995

Government officials performing discretionary functions are provided with qualified immunity from a civil rights damages action if their challenged conduct does not “violate clearly established statutory or constitutional … The second prong of the qualified immunity analysis requires a determination of whether the constitutional right in question was “clearly established.” Id.

Scott R. Rushing v. Estate of Ernest R. Mincey

599 F.3d 1263 · Court of Appeals for the Eleventh Circuit · Mar 16, 2010

“[Q]ualified 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 person would have … 3 were clearly established at the time the officer acted.”

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.

Sand v. Steele

218 F. Supp. 2d 788 · District Court, E.D. Virginia · Aug 15, 2002

As has been ruled consistently in the past: The doctrine of good faith qualified immunity shields government employees performing discretionary functions from civil liability unless their conduct violates clearly established … “The doctrine of good faith qualified immunity shields government employees performing discretionary functions from civil liability unless their conduct violates ‘clearly established statutory or constitutional rights of

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.

Maltby v. Winston

36 F.3d 548 · Court of Appeals for the Seventh Circuit · Sep 14, 1994

Inspector Winston’s Qualified Immunity We begin our evaluation of the qualified immunity issue by setting forth Mr. Maltb/s allegations against Inspector Winston. In his complaint, Mr. … City of Milwaukee, 17 F.3d 944, 951 (7th Cir.1994) ("The plaintiff bears the burden of establishing the existence of a clearly established constitutional right.”); Apostol v.