Case law

Brian Ulrich v. Pope County

715 F.3d 1054 · Court of Appeals for the Eighth Circuit · May 21, 2013

“Qualified immunity shields a public official from suit for civil damages when his ‘conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’” … A police officer is therefore entitled to qualified immunity unless the evidence establishes (1) that a plaintiff’s constitutional rights have been violated, and (2) those rights were so clearly established at the time of

Angela Orr v. Eric Copeland

844 F.3d 484 · Court of Appeals for the Fifth Circuit · Dec 22, 2016

Villarreal, 628 F.3d 209, 214 (5th Cir. 2010) (“[O]nce a defendant invokes qualified immunity, the burden shifts to the plaintiff to show that the defendant is not entitled to qualified immunity.”). … But qualified immunity insulates those 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

Lavoy Steed v. Missouri State Highway Patrol

2 F.4th 767 · Court of Appeals for the Eighth Circuit · Jun 25, 2021

Qualified immunity shields a defendant from personal liability if his or her conduct does not violate “clearly established statutory or constitutional rights of which a reasonable person would have known.” Quraishi v. … “[T]he issue for immunity purposes is not probable cause in fact but arguable probable cause, that is, whether the officer should have known that the arrest violated plaintiff’s clearly established right.” Schaffer v.

Brittany Harris v. Kimberly Klare

902 F.3d 630 · Court of Appeals for the Sixth Circuit · Sep 5, 2018

, and (2) whether that right was clearly established.” … “When . . . a defendant raises qualified immunity as a defense . . . [t]he plaintiff has the burden of showing that a right is clearly established . . .

Kenneth B. Krohn v. United States of America

742 F.2d 24 · Court of Appeals for the First Circuit · Sep 28, 1984

Further, we are cognizant that qualified immunity differs from absolute immunity in that it is not so readily decided by motion; obviously, on some occasions officials possessing only qualified immunity must stand trial. … Briscoe established an absolute immunity from section 1983 suit for a police officer/witness.

Victoria v. City of San Diego

326 F. Supp. 3d 1003 · District Court, S.D. California · Sep 5, 2018

In suits under § 1983, qualified immunity "shields government officials from civil damages liability unless the official violated a statutory or constitutional right that was clearly established at the time of the challenged … In general, the doctrine of qualified 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

McLean v. McElhaney

289 Mich. App. 592 · Michigan Court of Appeals · Aug 26, 2010

under MCL 691.1407(5) or qualified immunity under MCL 691.1407(2). 10 Odom v Wayne Co, 482 Mich 459, *605 479-480 ; 760 NW2d 217 (2008). … We note that if the trial court determines that Harma was entitled to absolute immunity under MCL 691.1407(5), it need not also determine whether he was entitled to qualified immunity under MCL 691.1407(2).

Smith v. Tolley

960 F. Supp. 977 · District Court, E.D. Virginia · Apr 4, 1997

Baker, 825 F.2d 772, 774 (4th Cir.1987). 22 This is because “... there are two levels on which the immunity shield operates. First, the particular right must be clearly established in the law. … Therefore, Tolley is entitled to qualified immunity.

Prager v. LaFAVER

5 F. Supp. 2d 906 · District Court, D. Kansas · Apr 10, 1998

Once a defendant to a 42 U.S.C. § 1983 action raises a qualified immunity defense, the burden shifts to the plaintiff to show both facts and law to establish that the defendant is not entitled to a qualified immunity. … City of Birmingham, 963 F.2d 1481, 1487 (11th Cir.1992) (rejecting the qualified immunity defense at the motion to dismiss stage, but emphasizing defendants’ right to assert the qualified immunity defense in subsequent proceedings

Gray-Hopkins v. Prince George's County, Maryland

309 F.3d 224 · Court of Appeals for the Fourth Circuit · Oct 30, 2002

official's conduct did not violate clearly established law." … qualified immunity doctrine as set forth in Harlow v.

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.

People v. Bylsma

294 Mich. App. 219 · Michigan Court of Appeals · Sep 27, 2011

SECTION 4 IMMUNITY The MMMA provides a registration system for “qualifying patients” and “primary caregivers.” 3 See MCL 333.26426. … to immunity under § 4(b) of the MMMA.

Smith v. Anderson

874 F.3d 966 · Court of Appeals for the Seventh Circuit · Oct 31, 2017

To do so, the plaintiff must show that the defendant violated a clearly establish statutory or constitutional right. Id. … In such circumstances, the officers responsible for their detention are entitled to qualified immunity. Id. That is the situation here.

Williams v. Kaufman County

86 F. Supp. 2d 586 · District Court, N.D. Texas · Feb 7, 2000

Conversely, an official’s conduct is not protected by qualified immunity if, in light of clearly established pre-existing law, it was apparent the conduct, when undertaken, would be a violation of the right at issue. … Before this standard, the parameters of this right were not clearly established or defined. Since these parameters were not clearly defined in April 1995, Sheriff Harris is entitled to qualified immunity.

Prisco v. United States, Department of Justice

851 F.2d 93 · Court of Appeals for the Third Circuit · Jul 1, 1988

established law. … In exploring whether a right is clearly established, we must find “some but not precise correspondence” with applicable precedents. People of Three Mile Island v.

Opinion No.

Arkansas Attorney General Reports · Jan 19, 2001

The city might further face liability under federal law, 42 U.S.C. § 1983 , for the violation of a clearly established statutory or constitutional right. … damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known."

Comair, Inc. v. Lexington-Fayette Urban County Airport Corp.

295 S.W.3d 91 · Kentucky Supreme Court · Oct 1, 2009

Despite the frequency of opinions on the subject from this Court, the law of sovereign immunity, and the related doctrines of governmental immunity, official immunity, and qualified official immunity, is still difficult to … Under this test, the Court concluded, “our constitutional fathers would not view this activity as qualifying for sovereign immunity.” Id.

Ambrose v. Coffey

696 F. Supp. 2d 1119 · District Court, E.D. California · Mar 31, 2010

immunity. 4 Specifically, the court held that these defendants were entitled to qualified immunity because it was not clearly established that the performance of MUAs by licensed chiropractors in California was legal. … In its December 24, 2009 order the court held that because it was not clearly established that the performance of MUAs was lawful, defendants Weydert and Coffey were entitled to qualified immunity on plaintiffs’ claims under

Atherton v. District of Columbia Office of the Mayor

706 F.3d 512 · Court of Appeals for the D.C. Circuit · Feb 8, 2013

of the qualified immunity analysis should be addressed first” — (1) whether the alleged facts show that the officials’ conduct violated a statutory or constitutional right and (2) whether that right was clearly established … II “Qualified immunity shields government officials from civil damages liability unless the official violated a statutory or constitutional right that was clearly established at the time of the challenged conduct.”

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.