Case law

Teresa Garcia, a Minor, by Her Next Friends Max and Sandra Garcia v. Theresa Miera, J.D. Sanchez, Edward Leyba, Judi Mestas, and Felix Duran

817 F.2d 650 · Court of Appeals for the Tenth Circuit · Apr 28, 1987

. § 1983 by qualified immunity. … Determination of qualified immunity is now to be based “on the objective reasonableness of an official’s conduct, as measured by reference to clearly established law.” Harlow, 457 U.S. at 818 , 102 S.Ct. at 2738 .

McKenzie v. Thompson

240 F. Supp. 3d 1304 · District Court, N.D. Georgia · Feb 22, 2017

In this case, Defendant asserts that he is entitled to qualified immunity. … Generally, government officials have qualified immunity “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would

Doe v. Methacton School District

880 F. Supp. 380 · District Court, E.D. Pennsylvania · Mar 16, 1995

QUALIFIED IMMUNITY The individual Methacton Defendants assert that they are entitled to qualified immunity for all constitutional claims against them. The burden to show immunity is on the defendant. … The test for whether qualified immunity should be applied is whether: (1) government officials (2) performed discretionary functions (3) that did not violate clearly established statutory or constitutional rights (4) of which

Meagen Brinegar v. C.O. Lumpbert individually and in his official capacitys

West Virginia Supreme Court · Jul 30, 2020

The circuit court granted WVRJCFA’s motion first, in part on the application of qualified immunity. Ms. … Therefore, we find no error in the circuit court’s application of qualified immunity. In her third assignment of error, Ms.

Williams v. Greifinger

918 F. Supp. 91 · District Court, S.D. New York · Jan 30, 1996

Therefore, defendant is entitled to qualified immunity from civil damages. III. … That is a separate issue which goes to qualified immunity, and it is examined below. See Davis v.

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

John Coffin v. Stacy Brandau

642 F.3d 999 · Court of Appeals for the Eleventh Circuit · Jun 3, 2011

of qualified immunity. … qualified immunity.

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

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.

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

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.

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.]

Gremo v. Karlin

363 F. Supp. 2d 771 · District Court, E.D. Pennsylvania · Mar 1, 2005

Qualified Immunity All individual defendants assert the affirmative defense of qualified immunity as to the claims brought under 42 U.S.C. § 1983 . … Clearly Established Right Qualified immunity protects government officials from civil claims for damages unless there is a deprivation of an actual constitutional right and “that right was clearly established at the time

Johnson Ex Rel. Cano v. Holmes

377 F. Supp. 2d 1039 · District Court, D. New Mexico · Sep 30, 2004

Once a defendant raises the- qualified immunity defense, the plaintiff must “come forward with facts or allegations sufficient to show both that the defendant’s alleged conduct violated the law and that [the] law was clearly … If the plaintiff meets this two-part burden, the defendant “assumes the normal summary judgment burden of establishing that no material facts that would defeat his claim for qualified immunity remain in dispute.”

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. ______

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).

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.

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

Ronnie Jackson v. Jeff Gutzmer

866 F.3d 969 · Court of Appeals for the Eighth Circuit · Aug 10, 2017

This is an interlocutory appeal from the denial of qualified immunity, a doctrine that “shields a government official from liability unless his conduct violates ‘clearly established statutory or constitutional rights of which … “The immunity standard in Harlow itself eliminates all motive-based claims in which the official’s conduct did not violate clearly established law.” Id. at 592.