Case law

Eldridge v. Morrison

970 F. Supp. 928 · District Court, M.D. Alabama · Jun 4, 1996

Under this test, public official performing discretionary functions which would objectively appear to be within the official’s authority have qualified immunity if their challenged conduct did not violate a clearly established … The Eleventh Circuit has explained that [f]or the law to be clearly established to the point that qualified immunity does not apply, the law must have earlier been developed in such a concrete and factually defined context

Coffin v. Brandau

597 F.3d 1205 · Court of Appeals for the Eleventh Circuit · Feb 24, 2010

Drawing on that precedent, we analyze whether the Deputies violated the Coffins’ clearly established Fourth Amendment rights and conclude that because they did not, the Deputies are entitled to qualified immunity. … Coffin made clear her intention to shut the garage door. 15 Therefore, we conclude that their “conduct was not so clearly established as to justify stripping [them] of qualified immunity.” McClish, 483 F.3d at 1249 .

Jeffrey M. Kuha v. City of Minnetonka William Roth Kevin Anderson Dennis Warosh

365 F.3d 590 · Court of Appeals for the Eighth Circuit · Apr 27, 2004

Under the doctrine of qualified immunity,' state actors are protected from civil liability when “their conduct does not violate' clearly established statutory or constitutional rights of which a reasonable person would have … The qualified immunity inquiry is a two-step process.

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

Michael Seals-Brown v. Jeffrey Llopis

678 F. App'x 533 · Court of Appeals for the Ninth Circuit · Feb 23, 2017

qualified immunity related to their enforcement of those conditions. … Callahan, 555 U.S. 223, 231 (2009) (qualified immunity protects government officials “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of

Samantha Vazquez v. County of Kern

949 F.3d 1153 · Court of Appeals for the Ninth Circuit · Jan 31, 2020

The panel held that the Officer was not entitled to qualified immunity. … Qualified Immunity “Qualified immunity attaches when an official’s conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Kisela v.

John D. Stough v. Walter J. Gallagher

967 F.2d 1523 · Court of Appeals for the Eleventh Circuit · Aug 7, 1992

Stough also contends that Sheriff Gallagher’s actions violated clearly established due process law. V.DISCUSSION A. Qualified Immunity and the First Amendment The Supreme Court held in Harlow v. … ’s actions, and (2) whether the public official’s conduct violated that clearly established law.

Lisa Amaechi v. Matthew West, and Bernard R. Pfluger Town of Dumfries

237 F.3d 356 · Court of Appeals for the Fourth Circuit · Jan 9, 2001

The district court denied West’s motion for summary judgment based upon a defense of qualified immunity, reasoning that West’s search, as described by Amaechi, violated Amaechi’s clearly established constitutional rights … To that end, qualified immunity protects government officials performing discretionary functions from liability for civil damages “insofar as their conduct does not violate clearly established statutory or constitutional

Bailey v. Ramos

Court of Appeals for the Fifth Circuit · Jan 10, 2025

immunity because the unlawfulness of his conduct was not clearly established at the time it occurred. 54 Bailey, for his part, submits that the unlawfulness of Ramos’s takedown procedure was clearly established, … “[T]o overcome qualified immunity, the plaintiff’s version of th[e] disputed facts must also constitute a violation of clearly established law.” Joseph, 981 F.3d at 330 (emphasis added).

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.

Hurt v. United States

914 F. Supp. 1346 · District Court, S.D. West Virginia · Feb 14, 1996

established" as to deprive the defendant of his qualified immunity. … We did not hold that the alleged conduct violated a protected ‘liberty’ interest, and we certainly did not hold that the defendant lost his qualified immunity by violating a ‘clearly established’ constitutional right.

Garlanger v. Verbeke

223 F. Supp. 2d 596 · District Court, D. New Jersey · Sep 27, 2002

The doctrine of qualified immunity shields government officials “from suits seeking damages under § 1983 ‘insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … In determining whether a police officer is entitled to qualified immunity, both the existence of a clearly established right and the objective reasonableness of the officer’s actions are questions of law for the Court to

William Darnell v. Col. John H. Ford

903 F.2d 556 · Court of Appeals for the Eighth Circuit · Jun 22, 1990

The court reasoned that this claim was not “clearly established” in the law, and therefore Ford was protected under the doctrine of qualified immunity. The Patrol reinstated Darnell to the rank of Captain. … Whether qualified immunity should be applied in this case depends on whether the law was clearly established at the time the action occurred. The trial court should make this determination.

York v. Purkey

14 F. App'x 628 · Court of Appeals for the Sixth Circuit · Jul 20, 2001

Therefore, in deciding whether law was clearly established for the purpose of qualified immunity, we look for decisions that involve positions with the same or similar statutory duties. Id. In McCloud v. … The Court wrote: If the law was clearly established, the [qualified] immunity defense ordinarily should fail, since a reasonably competent public official should know the law governing his conduct.

Babcock v. State

116 Wash. 2d 596 · Washington Supreme Court · Apr 4, 1991

Lack of malice is necessary but not sufficient to establish qualified i immunity under Guffey . Caseworkers cannot claim even a qualified immunity when they fail to follow statutory procedures. … We do not think that ex parte orders can establish quasi-judicial immunity for those carrying them out. Ex parte orders do not offer sufficient procedural protections to warrant the establishment of absolute immunity.

Sweatt v. Blackman Township Officer Brent Doxtader

986 F. Supp. 2d 886 · District Court, E.D. Michigan · Dec 11, 2013

The doctrine of qualified immunity generally protects “government officials performing discretionary functions ... from liability for civil damages insofar as their conduct does not violate clearly established statutory or … excessive force. 4 The Court finds that this right was clearly established.

Flores v. Morgan Hill Unified School District

324 F.3d 1130 · Court of Appeals for the Ninth Circuit · Apr 8, 2003

The district court also held that the right to be free from discrimination on the basis of sexual orientation was clearly established. Defendants filed this interlocutory appeal of the denial of qualified immunity. … Clearly Established Law Defendants are entitled to qualified immunity only if the law at the time of the alleged constitutional violation was not clearly established. See Saucier, 533 U.S. at 201-02, 121 S.Ct. 2151 .

Skinner v. Chapman

680 F. Supp. 2d 470 · District Court, W.D. New York · Jan 28, 2010

Qualified immunity shields public officials from an action for civil damages, to the extent that their challenged acts do not violate “clearly established statutory or constitutional rights of which a reasonable person would … If a deprivation exists, qualified immunity is appropriate where:(l) the legal right said to be violated was not clearly established at the time of the defendant’s conduct; (2) the defendant’s action was objectively reasonable

District of Columbia v. Minor

740 A.2d 523 · District of Columbia Court of Appeals · Sep 9, 1999

In suits for unlawful arrest brought under § 1983, qualified immunity shields police officers from liability if “ ‘a reasonable officer could have believed [the arrest] to be lawful, in light of clearly established law and … The instruction given to the jury on qualified immunity stated: “Officer Kelsey is shielded from liability for civil damages as long as he did not intentionally, or with reckless disregard, violate clearly established statutory

Malik Muntaqim, Adc 088633 v. Wendy Kelley, Director, Arkansas Department of Correction

641 S.W.3d 35 · Court of Appeals of Arkansas · Feb 16, 2022

conduct violated that clearly established right. … Otherwise, a state official is immune from individual-capacity suits if his or her actions did not violate clearly established principles of law of which a reasonable person would have knowledge.