Case law

Risbridger v. Connelly

275 F.3d 565 · Court of Appeals for the Sixth Circuit · Jan 4, 2002

Three other circuits, on the other hand, have held that a right to refuse to identify oneself during a valid Terry stop was not clearly established for purposes of qualified immunity. See Oliver v. … Because the right must have been clearly established at the time the officer act *572 ed in order to defeat the claim to qualified immunity, we do not discuss the reasoning of these cases. .

Heyne v. Metropolitan Nashville Public Schools

655 F.3d 556 · Court of Appeals for the Sixth Circuit · Aug 26, 2011

right was clearly established.” … When a defendant appeals the denial of a motion to dismiss based on qualified immunity, we review de novo whether the complaint alleges violation of a clearly established constitutional right. See Hardy v.

Grossman v. Richards

722 A.2d 371 · Supreme Judicial Court of Maine · Jan 13, 1999

P. 56(b) on the ground that no genuine issue of material fact existed and Grossman failed to establish the elements of his claims. … Madura, 474 A.2d 166 (Me.1984), can be read to suggest that only a qualified immunity was intended, it is incorrect.

Dobos v. Driscoll

404 Mass. 634 · Massachusetts Supreme Judicial Court · Apr 19, 1989

Qualified immunity pursuant to § 1983. Under Harlow v. Fitzgerald, 457 U.S. 800, 818 (1982), the doctrine of qualified immunity applies only to “discretionary functions.” … The doctrine of qualified immunity has both an objective and a subjective element.

Aaron v. Shelley

624 F.3d 882 · Court of Appeals for the Eighth Circuit · Nov 12, 2010

An interlocutory order denying qualified immunity is immediately appealable “to the extent that it turns on an issue of law.” Mitchell v. Forsyth, 472 U.S. 511, 530 (1985). … As we see it, the most clearly established laws in sight are the well-settled summary judgment and qualified immunity principles violated by this contention. The appeal does not pass muster under Johnson v.

Essalene Lambert v. City of Dumas

187 F.3d 931 · Court of Appeals for the Eighth Circuit · Aug 9, 1999

“Qualified immunity shields government officials from suit unless their conduct violated a clearly established constitutional or statutory right of which the reasonable person would have known.” Yowell v. … The Appellee alleges the violation of a clearly established constitutional right.

Shane Bailey v. Don Feltmann

810 F.3d 589 · Court of Appeals for the Eighth Circuit · Jan 15, 2016

In a § 1983 action, qualified immunity shields a government official from liability unless the official’s conduct violated a clearly established constitutional or statutory right of which a reasonable official would have … Feltmann is thus entitled to qualified immunity.

Oliver v. Smith

290 Mich. App. 678 · Michigan Court of Appeals · Nov 23, 2010

The wrist and hand injury is not clearly attributable to defendant alone and instead may just as fairly be attributed to plaintiff. … The Odom Court stated that employees enjoy a qualified right to immunity if (1) the employee’s challenged acts were undertaken during the course of employment and the employee was acting, or reasonably believed he or she

Candido v. Polymers, Inc.

166 Vt. 15 · Supreme Court of Vermont · Nov 8, 1996

Having found that Polymers qualifies as Candido’s employer under the statute, Polymers is immune from Candido’s attempted common-law negligence suit under the Act’s employer-immunity provision. 21 V.S.A. § 622. … Candido clearly accepted Polymers’s direction and control.

Phillips v. Community Ins. Corp.

678 F.3d 513 · Court of Appeals for the Seventh Circuit · Apr 27, 2012

Qualified Immunity Qualified immunity protects an officer from liability if a reasonable officer could have believed that the action taken *528 was lawful, in light of clearly established law and the information the officer … They argue that if the law had clearly established that use of an SL6 was unlawful, police departments would no longer retain the weapon in their arsenal. The defendants misconstrue the qualified immunity analysis.

Carrie Melear and Willie Stewart v. Wayne Spears, Etc., Ron Averitt, Etc.

862 F.2d 1177 · Court of Appeals for the Fifth Circuit · Jan 12, 1989

Qualified Immunity. Avirett argues that he is entitled to qualified immunity in his personal capacity regarding the claims of both Stewart and Melear. … of the legal rules that were ‘clearly established’ at the time it was taken.

Walter v. Pike County, Pennsylvania

465 F. Supp. 2d 409 · District Court, M.D. Pennsylvania · Nov 29, 2006

If the law was clearly established, the qualified immunity defense ordinarily should fail, since a reasonably competent public official should know the law governing his conduct. … See, e.g., Smith, 318 F.3d at 510 (finding that the state-created danger doctrine was clearly established by the year 1999).

Gorman v. Mississippi

258 F. Supp. 3d 761 · District Court, N.D. Mississippi · Jul 11, 2017

right was ‘clearly established’ at the time of the challenged conduct.”’” … immunity; the law was clearly established that “no reasonable officer could .have thought that this amount of force was legal under the circumstances,” even though there was no case directly on point.

Maltby v. Winston

36 F.3d 548 · Court of Appeals for the Seventh Circuit · Sep 14, 1994

clearly established statutory or constitutional rights of which a reasonable person would have known." … immunity when probable cause is at issue is clearly erroneous and not de novo.

Ziccardi v. Commonwealth

109 Pa. Commw. 628 · Commonwealth Court of Pennsylvania · Jun 8, 1987

Federal courts have applied only a qualified immunity on behalf of Commonwealth officials in section 1983 claims. … Specifically, under the United States Supreme Court’s pronouncement in Wood, the immunity defense would be unavailable to the secretary if the constitutional rights which he allegedly infringed were clearly established at

Garcia v. Webb County District Attorney

764 F. Supp. 457 · District Court, S.D. Texas · Apr 12, 1991

Thus absolute immunity is not a protection to Defendant Garcia in his role as an employer; at best, Defendant Garcia has only qualified immunity for his alleged misbehavior in the instant case. Qualified Immunity. … Defendant Garcia has not established entitlement to qualified immunity on Plaintiff’s First Amendment claim, and he does not have absolute immunity.

Dayna Lee v. David Russ

33 F.4th 860 · Court of Appeals for the Sixth Circuit · May 6, 2022

The district court granted Russ qualified immunity. … Qualified immunity protects Russ unless (1) he violated Groom’s constitutional rights and (2) those rights were clearly established at the time. White v. Pauly, 137 S. Ct. 548, 551 (2017) (per curiam).

Brenes-Laroche v. Toledo Davila

682 F. Supp. 2d 179 · District Court, D. Puerto Rico · Jan 26, 2010

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 … In conducting our qualified immunity analysis, we take the Plaintiffs facts as true for purposes of determining whether Defendants have violated his constitutional rights and whether the right at issue was clearly established

Doe v. Aguilar

400 F. Supp. 2d 922 · District Court, W.D. Texas · Apr 4, 2005

As noted above, plaintiffs have the burden to show that qualified immunity is unavailable here and to do so plaintiffs must show that the right which they allege defendant violated was clearly established in December 2001 … City of Corinth, 135 F.3d 320 , 325 (5th Cir.1998): In reviewing a claim of qualified immunity, this Court must determine: ‘(1) whether the plaintiff has alleged a violation of a clearly established constitutional right;

Melvin Taylor v. Edward Reilly, Jr.

685 F.3d 1110 · Court of Appeals for the D.C. Circuit · Jul 17, 2012

or, in the alternative, qualified immunity. … The Court has explained, for example, that although “the right to due process of law is quite clearly established by the Due Process Clause,” that level of generality is too high for purposes of qualified immunity because