Case law

Anne Powers v. John T. Lightner, D/B/A Lightner Auto Sales, Third-Party Plaintiff v. Barry Jones and Bruce White, Third-Party

820 F.2d 818 · Court of Appeals for the Third Circuit · Aug 3, 1987

I consider here only the issue of qualified immunity. I. … Qualified immunity shields 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 known

Sparks v. Kim

701 So. 2d 1113 · Mississippi Supreme Court · Nov 13, 1997

The immunity set forth in Hudson/Marshall is not absolute, but only qualified. … Panola County Bd. of Educ., 645 So.2d 883, 890-92 (Miss. 1994) (noting that Remedies Clause is not abrogated by immunities that were well established at time of Clause's adoption); Robinson v.

Brian Berry v. Travis Leslie

767 F.3d 1144 · Court of Appeals for the Eleventh Circuit · Sep 16, 2014

But Leslie is not being denied qualified immunity for violations of clearly established constitutional rights that he did not commit or that were not pursuant to a *1157 policy that he approved. … established rights and requires the denial of qualified immunity.

Naccarato v. Oliver

882 F. Supp. 297 · District Court, E.D. New York · Apr 19, 1995

Further, even when the right in question was clearly established at the time of the alleged unlawful conduct, an official is still entitled to immunity were it objectively reasonable for him to believe the conduct lawful. … If an officer kicked a handcuffed arrestee in the back, that act would violate a clearly established constitutional right and this Court would not grant immunity from liability for such conduct.

Stone-El v. Fairman

785 F. Supp. 711 · District Court, N.D. Illinois · Dec 17, 1991

We now turn to the issue of qualified immunity. B. … However, as the right in question was not clearly established in reference to the facts of this case, defendants are entitled to qualified immunity. As such, we dismiss Stone-El’s amended complaint in its entirety.

Lowther v. Children Youth and Family Department

101 F.4th 742 · Court of Appeals for the Tenth Circuit · May 7, 2024

Miles are entitled to qualified immunity because the Lowthers had not shown the alleged violation was clearly established. … We affirmed based on qualified immunity, concluding the law was not clearly established. Id. at 1135–38.

Navorro-Monzo v. Hughes

297 Ark. 444 · Supreme Court of Arkansas · Jan 17, 1989

Both of these cases concerned qualified privilege or immunity. … It was clearly a privileged publication. Neither the allegations in the complaint nor other matters presented to the court, even if established at trial, would support a finding of malice.

Souza v. Pina

53 F.3d 423 · Court of Appeals for the First Circuit · Apr 28, 1995

Otherwise, as the Supreme Court has observed, the generality at which courts identify the "clearly established" legal right threatens to "convert the rule of qualified immunity . . . … Because Souza has failed to establish that appellants' acts transgressed a clearly established right, we conclude that defendants may invoke the defense of qualified immunity.

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).

Cooper v. Brunswick County Sheriff's Department

896 F. Supp. 2d 432 · District Court, E.D. North Carolina · Sep 27, 2012

Qualified immunity provides that “government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or … rules that were clearly established at the time it was taken.”

Vanterpool v. Cuccinelli

998 F. Supp. 2d 451 · District Court, E.D. Virginia · Feb 7, 2014

To grant a defendant qualified immunity a court must find that the defendant’s conduct did not violate a clearly established statutory or constitutional right of which a reasonable person would have known. … established in the Fourth Circuit at all times relevant to this action, and Defendants are entitled to qualified immunity. 6 C.

Fernandez-Bravo v. Town of Manchester

711 F. App'x 5 · Court of Appeals for the Second Circuit · Jan 16, 2017

“A police officer is entitled to qualified immunity if (1) his conduct does not violate a clearly established constitutional right, or (2) it was objectively reasonable for the officer to believe his conduct did not violate … a clearly established constitutional right.”

Charles v. Grief

522 F.3d 508 · Court of Appeals for the Fifth Circuit · Mar 31, 2008

that their conduct is objectively reasonable in light of clearly established law. … established law, officials may sometimes be required to proceed to trial even though the ultimate resolution of those factual disputes may show that they are entitled to qualified immunity from liability.”

Cooney v. White

845 P.2d 353 · Wyoming Supreme Court · Dec 31, 1992

The United States Supreme Court has firmly established that qualified immunity provides adequate protection for many of the duties required of a prosecutor. … In setting forth the appropriate test for qualified immunity, the court in Schrob, 948 F.2d at 1420-21 (footnote omitted) stated: [The prosecutor] will be shielded from liability of his "conduct does not violate clearly established

Davis v. Tarrant County, Tex.

565 F.3d 214 · Court of Appeals for the Fifth Circuit · Apr 8, 2009

in their judicial capacities when they established and implemented the appointment policy and denied Davis’s application; (2) that the defendant judges were immune from suit in their official capacities under the Eleventh … The 2001 amendment established a much more detailed procedural regime for the appointment of counsel in criminal cases that requires judges in each county to establish standardized countywide procedures.

Leon Washington and Clara Washington v. James Haupert, Joel Slygh and Fred Rogers

481 F.3d 543 · Court of Appeals for the Seventh Circuit · Mar 27, 2007

Governmental actors performing discretionary functions are entitled to qualified immunity and are “shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … If the right was clearly established, the government actor is not entitled to qualified immunity. The plaintiffs allege that the defendants violated their Fourth Amendment rights to be free from unreasonable seizure.

Reid v. Pautler

36 F. Supp. 3d 1067 · District Court, D. New Mexico · Jul 31, 2014

established prong of the qualified immunity analysis. … Clearly Established Rights in the Qualifíed Immunity Analysis.

Barts v. Joyner

865 F.2d 1187 · Court of Appeals for the Eleventh Circuit · Jan 27, 1989

Qualified Immunity Appellants contend that they are entitled to qualified immunity because their conduct in March 1983 did not violate clearly established law. … immunity because they did not violate clearly established constitutional right); State v.

French v. Merrill

15 F.4th 116 · Court of Appeals for the First Circuit · Oct 1, 2021

Hence, the officers - 34 - violated clearly established law and are not entitled to qualified immunity. C. … qualified immunity

Gutierrez v. City of Indianapolis

886 F. Supp. 2d 984 · District Court, S.D. Indiana · Aug 13, 2012

Under the doctrine of qualified immunity, police officers are shielded “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … Qualified Immunity Defendants assert that Officer Kermon is entitled to qualified immunity with respect to Mr. Gutierrez’s excessive force claim.