Case law

Jim Maxwell v. County of San Diego

708 F.3d 1075 · Court of Appeals for the Ninth Circuit · Feb 14, 2013

Qualified immunity protects government officers “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 … To determine whether an officer is entitled to qualified immunity, we ask, in the order we choose, (1) whether the alleged misconduct violated a right and (2) whether the right was clearly established at the time of the alleged

Fernez v. Calabrese

760 So. 2d 1144 · District Court of Appeal of Florida · Jul 7, 2000

The court pointed out that under the qualified immunity doctrine, government officials performing discretionary functions are generally shielded from liability for civil damages insofar as their conduct does not violate clearly … If there are factual disputes, clearly they should be resolved by the trial court. [2] Rule 9.130 states a party must be denied sovereign or qualified immunity "as a matter of law," but this is not always easy to determine

Troy Baker, and Glenn Snader, as Father and Next Friend of Jesse Snader v. City of Hamilton, Ohio, and Eric Taylor

471 F.3d 601 · Court of Appeals for the Sixth Circuit · Dec 18, 2006

If the plaintiff establishes that a constitutional violation occurred, a court must next consider “whether the right was clearly established.” Id. … When a defendant raises a defense of qualified immunity, the plaintiff bears the burden of demonstrating that the defendant is not entitled to qualified immunity. Silberstein v.

Nibbs v. Roberts

31 V.I. 196 · District Court, Virgin Islands · Feb 8, 1995

light of clearly established law and the information the ... officer[] possessed. … Although appellant never expressly raised the defense of qualified immunity in his answer to the complaint, we nevertheless discuss generally the parameters of the defense since the trial court instructed the jury on qualified

Holeman v. City of New London

330 F. Supp. 2d 99 · District Court, D. Connecticut · Aug 16, 2004

“The doctrine of qualified immunity shields police officers acting in their official capacity from suits for damages under 42 U.S.C. § 1983 , unless their actions violate clearly-established rights of which an objectively … Since a constitutional violation could be shown, the court must proceed to the qualified immunity inquiry and ask whether the right violated was clearly established. See Saucier, 533 U.S. at 201, 121 S.Ct. 2151 .

Morrison v. Horseshoe Casino

157 N.E.3d 406 · Ohio Court of Appeals · Aug 20, 2020

Additionally, the defendant officers asserted that they are entitled to qualified immunity on the appellants’ Section 1983 claim because their conduct “did not violate a clearly established federal right which a reasonable … Plaintiff has failed to carry his burden to overcome the qualified immunity and establish the deprivation of a federally protected constitutional right.

Helms v. Gamet

828 F. Supp. 819 · District Court, D. Colorado · Aug 6, 1993

Qualified Immunity Defendants claim that Officer Garnet is entitled to qualified immunity from suit because a reasonable officer in his position could have believed his actions were lawful. … legal rules that were clearly established at the time the action was taken.

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

Westmoreland v. Sutherland

718 F. Supp. 2d 884 · District Court, N.D. Ohio · Jun 11, 2010

Qualified immunity cases, however, are not precisely on point. … “The doctrine of qualified immunity shields government officials from liability, as well as from suit, so long as their official conduct does not violate clearly established statutory or constitutional rights of which a reasonable

Fields v. City of Philadelphia

166 F. Supp. 3d 528 · District Court, E.D. Pennsylvania · Feb 19, 2016

immunity, “our case law does not clearly establish a right to videotape police officers performing their official duties.” … Affirming the district court and rejecting officers’ claim of qualified immunity, the court of appeals held qualified immunity did not apply to officers because it was clearly established, "gathering information about government

Allan Rodgers v. Daniel Knight

781 F.3d 932 · Court of Appeals for the Eighth Circuit · Mar 23, 2015

Municipalities do not enjoy qualified immunity, but a municipality “cannot exhibit fault rising to the level of deliberate indifference to a constitutional right when that right has not yet been clearly established.” … At a minimum, the act of retaining the guns did not violate clearly established law.

Robinson v. York

566 F.3d 817 · Court of Appeals for the Ninth Circuit · Apr 27, 2009

Defendants appeal from the denial of qualified immunity. For the reasons that follow, we affirm. I. … not affect whether Defendants are entitled to qualified immunity at this stage of the proceedings.

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.

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.

Jordan Jones v. George Solomon

90 F.4th 198 · Court of Appeals for the Fourth Circuit · Jan 3, 2024

“To overcome an official’s claim of qualified immunity, the plaintiff must show: (1) that the official violated a statutory or constitutional right, and (2) that the right was clearly established at the … Under binding case law, however, a defendant official is entitled to qualified immunity where his actions did not violate a clearly established right.

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.

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.

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.