Case law

Holloway v. Lamar County

180 F. Supp. 3d 467 · District Court, S.D. Mississippi · Apr 8, 2016

“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 person … Therefore, because a reasonable officer would have known that tasing Plaintiff was objectively unreasonable under clearly established law, the Court does not find that Defendants are entitled to qualified immunity and will

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.

Jacob v. Township of West Bloomfield

531 F.3d 385 · Court of Appeals for the Sixth Circuit · Jul 3, 2008

This second prong of the qualified immunity test clearly weighs in Plaintiffs favor. … claim of qualified immunity.

Hernandez v. Causey

District Court, S.D. Mississippi · May 4, 2021

CAUSEY’S MOTION FOR SUMMARY JUDGMENT In his Motion for Summary Judgment based on qualified immunity, Causey argues there is no evidence that he violated a clearly established right when he … right and 2) whether the right was clearly established.

Craig v. Wetzel

District Court, M.D. Pennsylvania · Sep 22, 2025

Qualified immunity applies to federal and state actors unless (1) the facts, taken in the light most favorable to the plaintiff, demonstrate a violation, and (2) the alleged right was clearly established … Supp. 623, 630-33 (D.N.J.), aff’d, 889 F.2d 1286 (3d Cir. 1989) (denying qualified immunity to a prison board based on prisoners’ clearly established right to a “safe prison environment” free from inmate violence

Catrina Johnson v. City of Minneapolis

901 F.3d 963 · Court of Appeals for the Eighth Circuit · Aug 24, 2018

We first turn to the question of qualified immunity. … -11- so the district court did not address the clearly established prong of the qualified immunity test.

Walton v. NM State Land Office

821 F.3d 1204 · Court of Appeals for the Tenth Circuit · Apr 19, 2016

Powell submits that his actions weren’t clearly forbidden by existing law at the time he took them so he’s entitled to qualified immunity. … Powell rightly notes that, to avoid a qualified immunity defense, a plaintiff must show not only that her federal constitutional or statutory rights were violated but also that they were so “clearly established” at the

Jacobs v. West Feliciana Sheriff's Dept.

228 F.3d 388 · Court of Appeals for the Fifth Circuit · Sep 13, 2000

To determine whether an official is entitled to qualified immunity, we must determine: (1) whether the plaintiff has alleged a violation of a clearly established constitutional right; and (2) if so, whether the defendant's … the first hurdle in defeating the defendants' qualified immunity defense. 13 The second part of our qualified immunity analysis is to determine whether the defendants' conduct was objectively unreasonable in light of clearly

Megatel Homes LLC v. City of Mansfield, Texas

District Court, N.D. Texas · Aug 6, 2025

The City’s assertion that the Sherman Act claims should be dismissed because it is entitled to state-action immunity is more than an affirmative defense. Like qualified immunity, where it’s available, see Stramaski v. … And, like qualified immunity, Parker immunity is not jurisdictional. See, e.g., Teladoc v. Tex. Med. Bd., 1-15-CV-343 RP, 2015 WL 8773509, at *6 (W.D. Tex.

Wark v. Board of County Commissioners

47 P.3d 711 · Colorado Court of Appeals · Apr 25, 2002

Because the trial court's finding is not clearly erroneous, we may not disturb it. B. … Although the county argued that plaintiffs' claims were barred under the qualified immunity doctrine, the trial court's ruling is primarily based on the insufficiency of the allegations in the complaint.

Tucker v. Faith Bible Chapel Int'l.

36 F.4th 1021 · Court of Appeals for the Tenth Circuit · Jun 7, 2022

favor in order to answer the legal question of whether the plaintiff has asserted a clearly established constitutional violation. … Consider qualified immunity, which shields government officials from suits for damages unless the official violates a clearly established federal constitutional or statutory right.

Muhammad v. Close

798 F. Supp. 2d 869 · District Court, E.D. Michigan · Jul 8, 2011

Qualified immunity The defendant first raised the issue of qualified immunity in its supplemental brief in this Court after the latest remand. In English v. … Qualified immunity is an affirmative defense that protects government actors performing discretionary functions from liability for civil damages when them conduct does “not violate clearly established statutory or constitutional

Jeffrey Moldowan v. Maureen Fournier

570 F.3d 698 · Court of Appeals for the Sixth Circuit · Jul 1, 2009

Defendants’ Qualified Immunity Claims Generally speaking, the rationale underlying the qualified immunity doctrine is that, “where an official’s duties legitimately require action in which clearly established rights are not … qualified immunity.

Kemp v. Lawyer

846 F. Supp. 2d 1170 · District Court, D. Colorado · Feb 8, 2012

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 person … § 1983 against Defendant Turano, I do not address the second prong of the two-part qualified immunity test-namely, whether the alleged constitutional violation was clearly established at the time of the incident.

Clay v. Woodbury County

982 F. Supp. 2d 904 · District Court, N.D. Iowa · Nov 6, 2013

Clay’s reliance on a “generalized right” to be free from an unreasonable search is not sufficient to “clearly establish” the specific right on which her claim hangs for purposes of “qualified immunity.” … Turning to the second prong of the “qualified immunity” analysis, whether the right was “clearly established,” see Burton, 731 F.3d at 791-92 , the decisions in Hicks v.

Doane v. Helenville Mutual Insurance Co.

216 Wis. 2d 345 · Court of Appeals of Wisconsin · Jan 29, 1998

Rather, the parties' *352 disagreement centers on whether Ehle qualifies as an "owner" entitled to immunity under the statute either because his shanty constitutes a statutory "structure," or because he is an "occupier," … CONCLUSION A portable ice shanty located on a frozen lake does not qualify as recreational "property" and is insufficient to establish its owner as an "occupant" of the lake entitled to recreational immunity.

Searle v. Town of Bucksport

3 A.3d 390 · Supreme Judicial Court of Maine · Aug 31, 2010

The immunity exceptions are strictly construed so as to adhere to immunity as the general rule. Sanford v. … The remaining issue is whether they qualify as an appurtenance to a public building. 1.

William O. Fuller v. Joe Carollo

977 F.3d 1012 · Court of Appeals for the Eleventh Circuit · Sep 25, 2020

Carollo’s motion sought dismissal of the complaint based, in part, on qualified immunity. … The magistrate judge concluded that Carollo was not entitled to qualified immunity because his alleged conduct violated clearly established law.

Opinion Number

Louisiana Attorney General Reports · Jan 31, 2000

E.D. 1998), proves helpful, as the court stated: Two kinds of immunity exists for government officials absolute immunity and qualified immunity. … Qualified immunity protects an official from liability unless the official violates "clearly established statutory or constitutional rights of which a reasonable person would have known."

John Flowers v. City of Diboll Texas, Steve Baker and Kent Havard

Texas Court of Appeals, 12th District (Tyler) · May 22, 2013

Governmental employees are entitled to qualified immunity from civil damages ―insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known. … Qualified immunity shields a police officer if a reasonable officer could have believed that the action taken was lawful in light of clearly established law and the information the officer possessed. See Hunter v.