Case law

Dontray Chaney v. City of Orlando, FL

291 F. App'x 238 · Court of Appeals for the Eleventh Circuit · Aug 26, 2008

Qualified immunity shields officers from civil liability if, considering the facts in the light most favorable to the party asserting the injury, the officers’ conduct does not violate clearly established constitutional … to establish that qualified immunity does not apply.”

Lebron v. Rumsfeld

764 F. Supp. 2d 787 · District Court, D. South Carolina · Feb 17, 2011

Qualified Immunity Defendants further argue that even if Padilla could assert a viable cause of action, they would still be protected from liability by the doctrine of qualified immunity. … are entitled to qualified immunity on all of Plaintiffs’ claims.

Kevin McCourt v. Miguel Angel Delgado

West Virginia Supreme Court · Mar 25, 2019

Under this standard, the petitioner officers contend they are entitled summary judgment based on qualified immunity because they did not violate any clearly established constitutional rights. … Under a qualified immunity analysis, we must determine whether the petitioner officers’ alleged conduct violated a clearly established constitutional right.

State v. McInnes

2026 Ohio 734 · Ohio Court of Appeals · Mar 5, 2026

“The doctrine of qualified immunity generally shields public officials performing discretionary functions from liability for civil damages to the extent that their conduct does not violate clearly established statutory … to qualified immunity.

Saldana v. DiMedio

275 N.J. Super. 488 · New Jersey Superior Court Appellate Division · Aug 18, 1994

Id. at 414, 608 A. 2d 263 ; see also N.J.S.A. 59:3-2(d) (providing qualified immunity for discretionary decision-making). … If, however, the qualified immunity for discretionary decision making does not apply, plaintiffs only need satisfy the standards of ordinary negligence.

Harris v. Mississippi Valley State University

899 F. Supp. 1561 · District Court, N.D. Mississippi · Sep 22, 1995

In examining the individual Defendants’ claims of qualified immunity on summary judgment, the Court in this case must: first inquire whether [Plaintiff] has alleged the violation of a clearly established constitutional right … has not demonstrated that such a constitutional right was “clearly established” for the purpose of refuting Defendants’ qualified immunity defense. 20 When the affirmative defense of qualified immunity is raised, the Plaintiff

Rita Johnson v. City of Saginaw

980 F.3d 497 · Court of Appeals for the Sixth Circuit · Nov 13, 2020

Analysis Cabello and Stemple appeal the denial of qualified immunity.3 “This court reviews a district court’s denial of summary judgment based on qualified-immunity grounds de novo.” Quigley, 707 F.3d at 679. … “An assertion of qualified immunity may be overcome if the defendants violated a clearly established constitutional right.” United Pet Supply, Inc. v. City of Chattanooga, 768 F.3d 464, 484-85 (6th Cir. 2014).

Kesler v. King

29 F. Supp. 2d 356 · District Court, S.D. Texas · Dec 7, 1998

With respect to Defendant Wagner’s claim of qualified immunity, the Court has already concluded that Plaintiffs have alleged violations of two clearly established constitutional rights. See Siegert v. … to show that qualified immunity does not bar recovery.

Dean v. Thomas

933 F. Supp. 600 · District Court, S.D. Mississippi · Jul 1, 1996

However, this “qualified immunity” is defeated if the defendant official took the complained-of action “with the malicious intention to cause a deprivation of rights,” or the official violated clearly established statutory … Officials are not ordinarily entitled to the protection of qualified immunity if clearly established constitutional rights have been violated.

Antoinette Wonsey v. City of Chicago

940 F.3d 394 · Court of Appeals for the Seventh Circuit · Oct 15, 2019

“Qualified immunity attaches when an official’s con- duct does not violate clearly established statutory or constitu- tional rights of which a reasonable person would have known.” Id. (citations omitted). … Wonsey offers no contrary argument, and she does not point to any violation of statutory or constitu- tional rights, much less clearly established ones. So qualified immunity cloaks defendants’ actions on June 9.

Swenson v. Culberson County

925 F. Supp. 478 · District Court, W.D. Texas · Apr 23, 1996

Qualified Immunity Once a prima facie case under Section 1983 is established, the question becomes whether a defendant is entitled to some kind of defense against or immunity from damages liability. … a qualified immunity defense to police officers.

Glover v. City of Chicago

2023 IL App (1st) 211353 · Appellate Court of Illinois · Feb 10, 2023

In such situations, the only relevant immunity provision is section 2-202 of the Act, which provides qualified immunity to public employees for acts or omissions “in the execution or enforcement of any law unless such … Additionally, unlike section 4-102, the immunity afforded under section 2-202 is qualified rather than absolute; a police officer is entitled to immunity under the provision unless the officer’s conduct was “willful and

Radecki v. Barela

146 F.3d 1227 · Court of Appeals for the Tenth Circuit · Jun 24, 1998

Qualified immunity protects government officials from individual liability in a section 1983 action unless the officials violated clearly established constitutional rights. See Harlow v. … City and County of Denver, 960 F.2d 1493 (10th Cir. 1992), clearly established that Deputy Barela’s conduct was unconstitutional. Thus, the district court again denied qualified immunity to Deputy Barela.

Carrubba v. Moskowitz

274 Conn. 533 · Supreme Court of Connecticut · Jul 26, 2005

Because any immunity accorded to attorneys appointed pursuant to § 46b-54 would be derived from *540 judicial immunity, we first examine the policy reasons underlying judicial immunity. 6 It is well established that “a judge … Absolute immunity would not be available, however, when persons who would normally be accorded immunity “perform acts which are clearly outside the scope of their jurisdiction.” Cok v.

Shafran v. Parrish

787 So. 2d 177 · District Court of Appeal of Florida · May 11, 2001

Clearly, your actions are criminal regardless of whether or not your accusations are untrue.... . . . . … Therefore, the appellees did not establish that they were entitled to a summary judgment based on an undisputed fact of nonpublication.

Reiner v. Dandurand

33 F. Supp. 3d 1018 · District Court, N.D. Indiana · Jul 16, 2014

“[G]overnmental actors performing discretionary functions enjoy qualified immunity and are ‘shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … James did not do so; thus, the Officers’ decision to pull James over for a traffic violation is also not a violation of a clearly established constitutional right. 3 Defendants are therefore entitled to qualified immunity

Dorris v. City of McKinney

214 F. Supp. 3d 552 · District Court, E.D. Texas · Oct 4, 2016

“A plaintiff seeking to defeat qualified immunity must show that (1) the official violated a statutory or constitutional right and (2) the right was clearly established at the time of the challenged conduct.” … “The law is clearly established that a public employee may be neither discharged nor demoted in retaliation for exercising his First Amendment Rights.” Cox, 577 Fed.Appx. at 313 .

Roy George, Shirley George and Sherrod Fitts v. City of St. Louis, Robert Scheetz, Albert Upchurch and Brian Gilmore

26 F.3d 55 · Court of Appeals for the Eighth Circuit · Jun 6, 1994

In other words, to decide whether an official is entitled to qualified immunity, “a court must determine whether the official’s action was objectively legally reasonable in light of the legal rules that were clearly established … to qualified immunity and the district court properly granted summary judgment in favor of the Defendants.

Ashfaq v. Anderson

603 F. Supp. 2d 936 · District Court, N.D. Texas · Mar 16, 2009

Anderson’s Motion to Dismiss (doc. 10), on the basis of qualified immunity. … Ashfaq has failed to allege a deprivation of a clearly established constitutional right, Dr. Anderson is entitled to qualified immunity. Accordingly, Dr. Ashfaq’s § 1983 claim should be and hereby is DISMISSED.

John K. Maciver Institute for Public Policy, Inc. v. Schmitz

243 F. Supp. 3d 1028 · District Court, W.D. Wisconsin · Mar 16, 2017

Immunity Assuming plaintiffs could prove that defendants violated the SCA and lacked good faith in doing so, there is still the question of their right to absolute or qualified immunity. … Zirkelbach, 149 F.3d 614, 618 (7th Cir. 1998) (framing qualified immunity issue regarding a claim for a violation of the Federal Wiretap Act as “whether [defendant’s] actions violated a clearly established statutory or constitutional