Case law

Supra Medical Corp. v. McGonigle

955 F. Supp. 374 · District Court, E.D. Pennsylvania · Jan 31, 1997

The burden then shifts to the plaintiff to produce evidence establishing that the foreign state is not entitled to immunity under one of the exceptions in § 1605. … The UMDS Defendants have provided no evidence of UMDS’ ownership, relying instead on a claim that the Schools’ qualify for immunity as an “organ of a foreign state.”

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.

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.

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.

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.”

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

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.

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.

97 Cal. Daily Op. Serv. 513, 97 Daily Journal D.A.R. 835 Mary Ann Carlo v. City of Chino, and Officer Hector Guerra

105 F.3d 493 · Court of Appeals for the Ninth Circuit · Jan 23, 1997

Further, the court held that even if such a right does exist, it was not clearly established when Carlo was arrested; and, therefore, Guerra was entitled to qualified immunity. … Qualified immunity asks what law was clearly established at the time the alleged violation occurred. In 1991, the Helms test was the clearly established law.

Maritza Amador v. Bexar County

952 F.3d 624 · Court of Appeals for the Fifth Circuit · Mar 11, 2020

Flores’s Fourth Amendment Right Was Clearly Established The second question in the qualified immunity analysis is whether clearly established law prohibited the officers from shooting Flores in these circumstances … We cannot “‘define clearly established law at a high level of generality,’” id.

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

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

Hal Stanley v. Asa Hutchinson

12 F.4th 834 · Court of Appeals for the Eighth Circuit · Sep 8, 2021

“Qualified immunity protects public officials from § 1983 damages actions if their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known. … Finally, even if the Fourth Amendment applies in this situation, an issue we do not decide, the defendants are entitled to qualified immunity because it was not clearly established in the Eighth Circuit when the Stanley children

Steven Gillman v. City of Troy, Mich.

126 F.4th 1152 · Court of Appeals for the Sixth Circuit · Jan 22, 2025

Qualified Immunity Green-Hernandez begins by contesting the district court’s order denying her motion for summary judgment on her qualified immunity defense. … “A public official is entitled to qualified immunity at summary judgment when, viewing the facts in the light most favorable to the plaintiff, the challenged conduct did not violate ‘clearly established . . . constitutional

Closs v. Goose Creek Consolidated Independent School District

874 S.W.2d 859 · Texas Court of Appeals, 6th District (Texarkana) · Apr 12, 1994

Government officials enjoy qualified good faith immunity from liability if their actions do not violate clearly established statutory or constitutional rights of which a reasonable person would have known. Harlow v. … of their due process rights. *874 As for the individual school district appellees, they are entitled to qualified good faith immunity when performing discretionary functions if their conduct does not violate clearly established

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

Fabrikant v. French

691 F.3d 193 · Court of Appeals for the Second Circuit · Aug 16, 2012

arguendo that the SPCA investigators were state actors, they would be entitled to qualified immunity because their conduct did not violate clearly established statutory or constitutional rights of which a reasonable person … Analysis “The doctrine of qualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutorily or constitutional rights of

Jerald Davis v. William Owens

973 F.2d 574 · Court of Appeals for the Seventh Circuit · Aug 26, 1992

The parties, however, assert that this court reviews a district court’s denial of qualified immunity under the clearly erroneous standard enunciated in Hughes v. … Qualified Immunity Public officials “generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would

Robert Shawn Treff v. Kerry Galetka, Individually and as the Mailroom Supervisor at the Utah State Prison

74 F.3d 191 · Court of Appeals for the Tenth Circuit · Jan 10, 1996

Galetka was entitled to qualified immunity because the law was not clearly established that prisoners had a First Amendment right to have their outgoing mail processed for delivery by the United States Postal Service, absent … Galetka’s qualified immunity defense, we first conclude that a prisoner’s constitutional right of access to the courts is clearly established. Nordgren v.

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.