Case law

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

Mayronne v. Vaught

843 F. Supp. 1096 · District Court, E.D. Louisiana · Feb 23, 1994

Because it is not a clearly established constitutional right, Mr. Mayronne’s claims for malicious prosecution are barred by the theory of qualified immunity. 3. … Mayronne was not clearly established, thus barring his claim on the theory of qualified immunity. 4.

Navajo Nation v. Crockett

7 Navajo Rptr. 237 · Navajo Nation Supreme Court · Nov 26, 1996

Qualified Immunity NAPI argues that in the absence of a showing of bad faith and gross negligence, an official who violates a person’s rights guaranteed by the Navajo Nation Bill of Rights is entitled to qualified immunity … Individual Navajo Nation officials are entitled to qualified immunity if “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v.

Hunt v. Green

376 F. Supp. 2d 1043 · District Court, D. New Mexico · Mar 30, 2005

“When the defendants are public officials asserting a qualified immunity defense and the appealed issue is whether a given set of facts establishes that defendants violated clearly established law,”, the order denying summary … Even assuming a constitutional violation occurred, however, the Defendants are nonetheless entitled to qualified immunity because the law is not clearly established in this area.

Wesley Brayman v. Mark Shepherd

Court of Appeals for the Eighth Circuit · Sep 4, 1996

of clearly established law.'" … Gilley, 500 U.S. 226, 231 (1991) (holding that the first inquiry in a proper qualified immunity analysis is whether the plaintiff alleged the violation of a clearly established constitutional right).

Cunningham v. Snyder

472 F. Supp. 2d 1023 · District Court, S.D. Illinois · Sep 19, 2006

To defeat a qualified immunity defense, a plaintiff bears the burden of demonstrating that “the legal norms allegedly violated by the defendant were clearly established at the time of the challenged actions or, ... the law … See Greenberg, 840 F.2d at 472 (quoting Harlow, 457 U.S. at 818 , 102 S.Ct. 2727 ) (observing that the principle underlying the doctrine of qualified immunity is that “[i]f the law at the time was not clearly established,

Dempsey v. Denver Police Department

353 P.3d 928 · Colorado Court of Appeals · May 21, 2015

hazards" as "rain, fog, smoke, crowded traffic conditions, or many pedestrians crossing and re-crossing the roadway, perhaps unlawfully, after a parade, or the like," and noting that those kinds of conditions had not been established … zone from so qualifying.

Violano v. Fernandez

280 Conn. 310 · Supreme Court of Connecticut · Oct 17, 2006

Specifically, the majority concluded that qualified governmental immunity applied to Fernandez’ alleged actions because they were discretionary in nature. Id., 12. … Further, the majority determined that none of the exceptions to Fernandez’ qualified governmental immunity applied. Id.

Morgan v. Swanson

627 F.3d 170 · Court of Appeals for the Fifth Circuit · Nov 29, 2010

Qualified immunity thus shields government officials performing discretionary functions from individual liability for civil damages but only “insofar as their conduct does not violate clearly established rights of which a … Appellees’ have alleged a violation of clearly established law; therefore, Appellants are not entitled to qualified immunity.

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.

Larry E. Yowell v. Jerry P. Combs Andy Dalton Jay Henges John Powell Jerry J. Presley David Hurlbut

89 F.3d 542 · Court of Appeals for the Eighth Circuit · Aug 14, 1996

On appeal, Yowell contends the officials are not entitled to qualified immunity because his right to continued employment with the Department was so clearly established at the time of his demotion that the officials must … Qualified immunity shields government officials from suit unless their conduct violated a clearly established constitutional or statutory right of which a reasonable person would have known. 3 Harlow v.

Ada Anglemeyer v. Craig Ammons

92 F.4th 184 · Court of Appeals for the Third Circuit · Feb 7, 2024

both prongs of the qualified immunity analysis. … Our sister circuits have denied qualified immunity in cases factually similar to Couden. See, e.g., Shannon v.

Brown v. Fogle

867 F. Supp. 2d 61 · District Court, District of Columbia · May 17, 2012

Qualified immunity is “a defense that shields officials from suit if their conduct ‘d[id] not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’ ” Bame v. … "If no constitutional right would have been violated were the allegations established, there is no necessity for further inquiries concerning qualified immunity." Id.

Kevin Lipman v. Armond Budish

974 F.3d 726 · Court of Appeals for the Sixth Circuit · Sep 4, 2020

Even had Defendants adequately argued the qualified immunity point, the right that they infringed upon was clearly established at the time of their actions in this case. … And in Nelson, this Court directly addressed qualified immunity with respect to state-created danger, rejecting the officer’s claim to qualified immunity because Kallstrom clearly established that the state may not affirmatively

Ronald Dean Brown v. Crispus C. Nix John Henry John Emmet Paul Hedgepath Charles Harper Paul Grossheim Hal Farrier

33 F.3d 951 · Court of Appeals for the Eighth Circuit · Oct 18, 1994

They asserted, among other things, that they are immune from suit by reason of qualified immunity. … In order to lose their qualified immunity, officials must violate an inmate’s clearly established constitutional rights. Id.

Hodge v. Jones

31 F.3d 157 · Court of Appeals for the Fourth Circuit · Jul 19, 1994

The court rejected Defendants' proffered qualified immunity defense on a determination that both the protected interest of familial privacy and the procedural safeguards ofSec. 5-715 were clearly established at the time of … Defendants are entitled to qualified immunity from civil monetary damages if their conduct did not violate the Hodges' clearly established federal statutory or constitutional rights of which a reasonable person would have

Dennis Wolfel v. Nick Sanborn

666 F.2d 1005 · Court of Appeals for the Sixth Circuit · Jan 14, 1982

As our decisions make clear, whether such immunity has been established depends on facts peculiarly within the knowledge and control of the defendant. . .. … The burden would then be upon the plaintiff to show either that a subjective, bad faith intent to harm him motivated the official or that the official knew or should have known that his action infringed a clearly established

Felix E. Capoeman v. Amos Reed

754 F.2d 1512 · Court of Appeals for the Ninth Circuit · Apr 22, 1985

Qualified Immunity Even defendants who violate constitutional rights enjoy a qualified immunity that protects them from liability for damages “unless it is further demonstrated that their conduct was unreasonable under the … Nonetheless, we found that the basic fourth amendment rights of students had been sufficiently clearly established at the time to prevent the defendants’ immunity. Id.

Kelley v. Troy State University

923 F. Supp. 1494 · District Court, M.D. Alabama · May 2, 1996

Thus, a government official is not entitled to qualified immunity where the plaintiff demonstrates that the official’s actions violated a clearly established right. Sims v. … They correctly point out that, to lose qualified immunity, a government official must infringe a right that was clearly established at the time of the infringement. Lassiter v.

Eyring v. Fort Sanders Parkwest Medical Center, Inc.

991 S.W.2d 230 · Tennessee Supreme Court · Apr 19, 1999

Eyring argues the lower courts erred in applying the Peer Review Law to grant Parkwest qualified immunity from liability for damages because the plain language of the statute provides no explicit immunity to “hospitals, … Section -219(c)(1) grants qualified immunity to “institutions . . . and associated committees as identified in subsection (b).” Id.