Case law

Anthony Coons, Sr. v. Steven F. Casabella

284 F.3d 437 · Court of Appeals for the Second Circuit · Mar 25, 2002

Qualified Immunity We review de novo the district court’s denial of summary judgment on the ground of qualified immunity. Cerrone v. Brown, 246 F.3d 194, 198 (2d Cir.2001). … A police officer is entitled to qualified immunity in making arrests where “(1) his conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known, or (2) it

Aldarondo-Lugo v. Municipality of Toa Baja

329 F. Supp. 2d 221 · District Court, D. Puerto Rico · Aug 2, 2004

Qualiñed Immunity Inquiry The qualified immunity doctrine protects civil servants from suit and liability arising from the performance of their duties “insofar as their conduct does not violate clearly established ... constitutional … The Court begins with the first prong of the qualified immunity test: whether Plaintiffs can establish that a particular defendant violated their constitutional rights.

Peterson v. Heymes

277 F. Supp. 3d 913 · District Court, W.D. Michigan · Sep 29, 2017

Qualified Immunity MSP Defendants argue they are entitled to qualified immunity. … Once the qualified immunity defense is raised, the plaintiff bears the burden of demonstrating both that the challenged conduct violates a constitutional or statutory right and that the right was so clearly established at

Doe Ex Rel. Johnson v. South Carolina Department of Social Services

597 F.3d 163 · Court of Appeals for the Fourth Circuit · Mar 5, 2010

Qualified immunity from § 1983 claims “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 … of clearly established law.”); Swanson v.

John Lauro, Jr. v. Michael Charles, the City of New York and the Police Department of the City of New York

219 F.3d 202 · Court of Appeals for the Second Circuit · Jul 28, 2000

But we also hold that, because the Fourth Amendment right at issue was not clearly established until today’s decision, the defendant police officer in this case is entitled to qualified immunity. … Accordingly, we hold that, because the unconstitutionality of the staged perp walk was, until today, not clearly established, Detective Charles is entitled to qualified immunity for his participation in the perp walk.

Grammens v. Dollar

287 Ga. 618 · Supreme Court of Georgia · Jul 5, 2010

The doctrine of official immunity, also known as qualified immunity, offers public officers and employees limited protection from suit in their personal capacity. [Cit.] … Qualified immunity “protects individual public agents from personal liability for discretionary actions taken within the scope of their official authority, and done without wilfulness, malice, or corruption.” [Cit.]

Blair v. City of Cleveland

148 F. Supp. 2d 919 · District Court, N.D. Ohio · Sep 8, 2000

is a public official asserting a qualified immunity defense. … However, assuming the officers succeed in their appeal of this court’s order, it could be determined that a reasonable officer would not have known that his actions violated a clearly-established right, and that the officers

Ballentine v. Broxton

Court of Appeals for the Fifth Circuit · Sep 16, 2025

To overcome qualified immunity, Ballentine must show (1) “that he adequately alleged that his rights were violated,” and (2) “that, at the time his rights were violated, legal precedent clearly established the officials’ … Again, however, the second step of qualified immunity—whether “legal precedent clearly established the officials’ actions as unlawful”—bars Ballentine from recovering damages.3 Stevenson, 113 F.4th at 501. ______

Dobson v. Harris

352 N.C. 77 · Supreme Court of North Carolina · Jun 16, 2000

App. 660 , 233 S.E.2d 624 (1977) (summary judgment appropriately entered against the plaintiff where the defendant supported motion by establishing affirmative defense of qualified privilege, and the plaintiff, who thereafter … In her answer defendant Harris asserted the affirmative defense of “qualified immunity,” or, more precisely, a statutory, good-faith immunity based upon her compliance with N.C.G.S. §§ 7A-543 and -550.

Wesley v. Don Stein Buick, Inc.

996 F. Supp. 1299 · District Court, D. Kansas · Feb 26, 1998

Government officials performing administrative or executive functions have qualified immunity from suit under civil rights statutes if “their conduct does not violate clearly established statutory or constitutional rights … “Once a defendant asserts qualified immunity, the plaintiff bears the burden of proving that the defendants violated a law that was clearly established.” Norton v.

Sisneros v. Nix

884 F. Supp. 1313 · District Court, S.D. Iowa · Mar 6, 1995

QUALIFIED IMMUNITY A. … Delo, 999 F.2d 364, 366 (8th Cir. 1993) (first step in qualified immunity analysis was determination of whether conduct violated any clearly established right).

Sonnier v. Crain

649 F. Supp. 2d 484 · District Court, E.D. Louisiana · Jul 30, 2009

A state actor is entitled to qualified immunity if his or her conduct was objectively reasonable in light of the legal rules that were clearly established at the time of his or her actions. McClendon v. … For a constitutional right to be clearly established for purposes of qualified immunity, its contours must be sufficiently clear that a reasonable official would understand that what he is doing violates that right. 4 Hope

Conde v. City of Atl. City

293 F. Supp. 3d 493 · District Court, D. New Jersey · Dec 5, 2017

The doctrine of qualified immunity provides that "government officials performing discretionary functions ... are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory … Proceeding with the qualified immunity analysis regarding Officer Smith's use of deadly force, the Court finds that Mack's right to be free from excessive, deadly force was clearly established on the night of the shooting

Michael A. White v. Madeline Holmes Charles Rosenkoetter

21 F.3d 277 · Court of Appeals for the Eighth Circuit · May 18, 1994

In their motion for summary judgment, Holmes and Rosenkoetter argued they did not violate any clearly established laws and are entitled to qualified immunity. 2 In a supplemental motion for summary judgment, the defendants … is entitled to summary judgment based on qualified immunity.

Barry Wion v. Janie Cockrell, Ann Byrom, J. Missildine, A.R. Massingil, and Kelli Ward

Texas Court of Appeals, 10th District (Waco) · Mar 30, 2011

Qualified Immunity Wion contends that the trial court erred when it found he failed to state material facts that would overcome the TDCJ employees’ qualified immunity defense. … legal rules that were "clearly established" at the time it was taken.

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.

Berbick v. Precinct 42

977 F. Supp. 2d 268 · District Court, S.D. New York · Sep 27, 2013

Defendants Jordan and Bragg, however, must establish either the reasonableness of the search or qualified immunity. b. The Reasonableness of the Frisk Frisks are reasonable when necessary to protect officer safety. … Qualified Immunity Even without undisputed facts showing that the search was reasonable, Defendants would be entitled to summary judgment if the undisputed facts supported a qualified immunity defense.

Alana Crutcher-Sanchez v. James L. Wagner

687 F.3d 979 · Court of Appeals for the Eighth Circuit · Aug 3, 2012

Qualified immunity “protects ‘government officials performing discretionary functions ... from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of … A qualified immunity analysis involves: first, whether the facts alleged establish a violation of a constitutional or statutory right and second, whether that right was clearly established at the time of the alleged violation

Smith v. Lejeune

203 F. Supp. 2d 1260 · District Court, D. Wyoming · May 17, 2002

If the plaintiff establishes a violation of a constitutional or statutory right, he must then demonstrate that the right at issue was clearly established at the time of the defendant’s unlawful conduct. … , the defendants are entitled to qualified immunity.

Ottman v. City Of Independence

341 F.3d 751 · Court of Appeals for the Eighth Circuit · Oct 1, 2003

We review de novo a denial of qualified immunity. Holloway v. … Reeves, 277 F.3d 1035 , 1037 (8th Cir.2002). 13 Government officials who perform discretionary functions are entitled to qualified immunity unless their alleged conduct violated clearly established federal constitutional