Case law

Owens v. Zade

District Court, D. Colorado · Jun 20, 2023

6 Under the doctrine of qualified immunity, “government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established … Zade in her individual capacity at trial if he can demonstrate that the right at issue is clearly established. See [Doc. 37 at 12–13 (invoking qualified immunity)].

Crouse v. South Lebanon Township

668 F. Supp. 2d 664 · District Court, M.D. Pennsylvania · Oct 22, 2009

to qualified immunity. … Police officers enjoy qualified immunity unless they violate “clearly established statutory or constitutional rights of which a reasonable person would have known.” Wright, 409 F.3d at 599-600.

David Kenyon v. Clayton Edwards

462 F.3d 802 · Court of Appeals for the Eighth Circuit · Sep 7, 2006

We find that Edwards is entitled to summary judgment based on qualified immunity. A. The Qualified Immunity Analysis Saucier provides the marching orders for courts considering qualified immunity claims. … If the law did not put the officer on notice that his conduct would be clearly unlawful, summary judgment based on qualified immunity is appropriate.

Rapkin v. Rocque

228 F. Supp. 2d 142 · District Court, D. Connecticut · Oct 22, 2002

clearly established statutory or constitutional rights of which a reasonable person *146 would have known.” … objectively legally reasonable in light of the legal rules that were clearly established at the time it was taken.

Savage v. Westcott

Court of Appeals for the Fifth Circuit · Sep 29, 2025

A public official is entitled to qualified immunity unless “(1) the plaintiff alleged a violation of a constitutional right; and (2) that right was ‘clearly established’ at the time of the alleged violation.” 8 “We may address … To survive a motion to dismiss based on qualified immunity, Savage must show both that the Defendants’ actions violated his right to due process and that this right was clearly established at the time of Defendants’ actions

Hora v. Risner

District Court, S.D. Ohio · May 24, 2021

immunity analysis is whether the law was clearly established. 2. … Clearly Established Law? In Plumhoff v.

Alberto F. Morales v. James Haynes and Virginia Perez, Revenue Officers of Irs

890 F.2d 708 · Court of Appeals for the Fifth Circuit · Nov 9, 1989

We hold that the plaintiffs have not shown that the defendants violated any “clearly established” right and that the defendants are entitled to the defense of qualified immunity. We therefore reverse. … established” as to deprive the defendant of his qualified immunity. 702 F.2d at 584 .

MOLINA-AVILES v. District of Columbia

824 F. Supp. 2d 4 · District Court, District of Columbia · Nov 14, 2011

Qualified immunity shields a government official from liability under § 1983 provided the official’s conduct did not violate a clearly established constitutional right of which a reasonable officer would have known. … 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.’ ” Ortiz v.

Boyer v. Petersen

221 F. Supp. 3d 943 · District Court, W.D. Michigan · Oct 27, 2016

Legal Framework: Qualified Immunity “[Government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory … Chief Campbell is entitled to qualified immunity. Chief Campbell, on the other hand, is entitled to qualified immunity.

Johnson v. Utah Department of Transportation

547 Utah Adv. Rep. 7 · Utah Supreme Court · Mar 10, 2006

However, discretionary immunity clearly was not designed to cloak the ancient doctrine of sovereign immunity in modern garb.”). … Rather, we reaffirm prior case law that such studies substantially help the government establish that immunity is warranted under the discretionary function exception.

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.

Ratté v. Corrigan

989 F. Supp. 2d 550 · District Court, E.D. Michigan · Nov 26, 2013

Hartsfield is not entitled to qualified immunity Hartsfield contends that, to the extent she is not absolutely immune, she is entitled to qualified immunity. She is mistaken. … When government officials perform discretionary functions, they are immune from suit through qualified immunity “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a

Maria Castro v. United States of America, Don Abrams, Jason Davs, Daniel Bologna

34 F.3d 106 · Court of Appeals for the Second Circuit · Sep 2, 1994

Defendants assert that they have qualified immunity because officials performing discretionary functions are immune from suit for damages unless the conduct in question violates clearly estab *110 lished statutory or constitutional … Though a mere mistake in the performance of an official duty may not deprive the officer of qualified immunity, that doctrine does not shield performance that either (a) was in violation of clearly established law, or (b)

Santiago v. Fields

170 F. Supp. 2d 453 · District Court, D. Delaware · Oct 17, 2001

Qualified Immunity Defendants contend that they cannot be held liable in their individual capacities under the doctrine of qualified immunity. … Also, at the time of the events at issue, plaintiffs Eighth Amendment right against excessive force was 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.

Karl v. City of Mountlake Terrace

678 F.3d 1062 · Court of Appeals for the Ninth Circuit · May 8, 2012

Discussion The doctrine of qualified immunity protects government officials ‘from liability for civil damages insofar as their con- duct does not violate clearly established statutory or constitu- tional rights of which … We exercise our discretion to consider prong one of the qualified immunity analysis first.

Durham v. Rapp

64 F. Supp. 3d 740 · District Court, D. Maryland · Dec 9, 2014

Qualified immunity turns on two inquiries: (1) “whether the facts that a plaintiff has alleged ... or shown ... make out a violation of ■ a constitutional right,” and (2) “whether the right at issue was ‘clearly established … A defendant is entitled to qualified immunity “unless the official’s conduct violated a clearly established constitutional right.” Id.

Jones v. Lieber

579 F. Supp. 2d 175 · District Court, District of Columbia · Sep 30, 2008

By definition, qualified immunity is not absolute. … However, “[a] plaintiff who seeks damages for violation of constitutional or statutory rights may overcome the defendant official’s qualified immunity only by showing that those rights were clearly established at the time

Nagle v. Marron

663 F.3d 100 · Court of Appeals for the Second Circuit · Dec 12, 2011

Qualified Immunity 4 Although the statutory text of § 1983 provides for no immunities, it has been read “‘in 5 harmony with general principles of tort immunities’” to provide qualified immunity for most … Id.; see also Saucier, 533 U.S. at 202 (“If the law did not put the officer on 7 notice that his conduct would be clearly unlawful, summary judgment based on qualified 8 immunity is appropriate.”). 9 The

Austin v. Johnson

328 F.3d 204 · Court of Appeals for the Fifth Circuit · May 28, 2003

We have jurisdiction, because the court determined plaintiff's allegations made out the violation of a clearly established constitutional right; the denial of qualified immunity did not rest on the sufficiency of evidence … This ignores the fact that the plaintiff has the burden to rebut a qualified immunity defense "by establishing that the official's allegedly wrongful conduct violated clearly established law." Pierce v.