Case law

Creech v. Eckerd Corp.

56 Va. Cir. 407 · Norfolk County Circuit Court · Sep 18, 2001

Qualified Immunity Recently in Saucier v. Katz, the United States Supreme Court addressed the issue of qualified immunity. No. 991977 (June 18,2001). … If the right was not clearly established or it would not be clear to a reasonable officer, in the same situation, that his conduct was unlawful, a court is entitled to grant summary judgment based upon qualified immunity.

Beverly Getz v. J. Swoap

833 F.3d 646 · Court of Appeals for the Sixth Circuit · Aug 16, 2016

DISCUSSION Qualified immunity shields government officials from civil liability in the performance of their duties so long “as their conduct does not violate clearly established statutory or constitutional rights … The qualified immunity analysis is a two-step inquiry: (1) whether a constitutional right has been violated; and (2) whether that right was clearly established, though the steps need not be taken in that order.

Johnnie Savory v. Allen Andrews

Court of Appeals for the Seventh Circuit · Aug 14, 2026

The officers in this case are entitled to qualified immunity only if their interrogation techniques did not violate Savory’s clearly established right to due process. Rivas-Villegas v. … Regardless, focusing on this difference is too myopic an approach given that Savory need only present similar—not identical—cases to satisfy qualified immunity’s “clearly established” requirement.

Donald Xiques v. Charme Knight

Court of Appeals of Tennessee · Aug 21, 2003

We conclude that the defendant, a state prosecutor, is entitled to qualified immunity because her statements did not violate “clearly established” federal law, a requirement for recovering … Plaintiff argues that the issues in these two cases are not identical, because the Sixth Circuit opinion merely dealt with the issue of qualified immunity, and whether or not defendant had violated “clearly established law

White v. Martin

26 F. Supp. 2d 385 · District Court, D. Connecticut · Oct 19, 1998

In a section 1983 action, qualified immunity shields an official sued in his individual capacity “from liability for civil damages insofar as [his] conduct does not violate clearly established statutory or constitutional … Forsyth, 472 U.S. 511, 526 , 105 S.Ct. 2806 , 86 L.Ed.2d 411 (1985), the Supreme Court held that “[ujnless plaintiffs allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity

Estate of Davis Ex Rel. McCully v. City of North Richland Hills

406 F.3d 375 · Court of Appeals for the Fifth Circuit · Apr 11, 2005

from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”17 Qualified immunity is … violated clearly established law.

Anderson v. Anoka Hennepin Independent School District 11

678 N.W.2d 651 · Supreme Court of Minnesota · May 6, 2004

Second, an employee following the protocol would not be protected by common law official immunity unless the decision adopting the protocol involved sufficient judgment and discretion to qualify for official immunity. … Moreover, there was no clearly-established law in Minnesota that put Peterson on notice that state OSHA regulations were applicable beyond the employer-employee relationship.

Gauthier v. Town of Dracut

19 Mass. L. Rptr. 579 · Massachusetts Superior Court · Jun 27, 2005

Qualified Immunity The defendants claim as an affirmative defense that Shaw and Piendak are entitled to summary judgment under the doctrine of qualified immunity. … , those rights were clearly established.

Campbell v. District of Columbia

245 F. Supp. 3d 78 · District Court, District of Columbia · Mar 29, 2017

“Qualified immunity prevents officials who violate the law from having to defend against lawsuits for money damages unless the legal rules that were clearly established at the time the action was taken gave those officials … Accordingly, under clearly established precedent, Defendants are not entitled to summary judgment on the basis of qualified immunity because, on the undisputed facts, the officers would have had “fair warning” that they

Hiller v. Ramsey

District Court, D. Kansas · Dec 3, 2020

The court further concluded that the officer’s use of excessive force violated clearly established law, so the officer was not entitled to qualified immunity. … Because no reasonable jury could conclude that Hiller met his burden to show that Ramsey’s conduct violated clearly established law, Ramsey is entitled to qualified immunity and summary judgment on Hiller’s claim.

Margarito Salmon, Magdalena Salmon, Individually and as Next Friend for Margarito Salmon, Jr. v. Martin R. Schwarz and Arturo A. Gonzalez

948 F.2d 1131 · Court of Appeals for the Tenth Circuit · Oct 31, 1991

In Morfin , a qualified immunity case, the court was asked to decide for the first time whether the plaintiffs, teachers, had a clearly established right in 1985 to associate with a labor union other than their exclusive … deciding whether or not a right was clearly established.”

David K. Huskey v. City of San Jose Joan Gallo George Rios Ralph Greene

204 F.3d 893 · Court of Appeals for the Ninth Circuit · Feb 24, 2000

immunity because the right violated was clearly established at the time of the violation. … immunity because those rights were not clearly established.

Porter Ex Rel. LeBlanc v. Ascension Parish School Board

301 F. Supp. 2d 576 · District Court, M.D. Louisiana · Jan 21, 2004

Whether Conrad Braud is entitled to qualified immunity in his individual capacity Qualified-immunity protects officials from section 1983 liability provided their conduct does not violate clearly established statutory or … Thus, the Court finds that Braud is entitled to qualified immunity even if Adam’s rights were found to be clearly established. 126 2.

Calderón-Garnier v. Sánchez-Ramos

439 F. Supp. 2d 229 · District Court, D. Puerto Rico · Jun 12, 2006

Qualified Immunity The defendants argue that they are entitled to qualified immunity. … Government officials are immune from suit when their conduct does not violate clearly established statutory authority or constitutional rights a reasonable person should have known of at the time of the conduct at issue.

Hurt v. Parker

462 S.W.3d 403 · Court of Appeals of Kentucky · May 1, 2015

established priorities and needs.” … Thus, the principal was entitled to qualified immunity.

Robinson v. White County

452 F.3d 706 · Court of Appeals for the Eighth Circuit · Jul 3, 2006

. ___, 126 S.Ct. 1338 , 164 L.Ed.2d 53 (2006), the test for qualified immunity is: 10 Government officials who perform discretionary functions are entitled to qualified immunity unless their alleged conduct violated clearly … If the answer is no, we grant qualified immunity. If the answer is yes, we go on to determine whether the right was clearly established.

Hodgson v. Mississippi Department of Corrections

963 F. Supp. 776 · District Court, E.D. Wisconsin · Apr 30, 1997

The Defendants, however, insist that this claim be dismissed on the ground that they are entitled to qualified immunity from suit. 13 Government officials may raise qualified immunity as an affirmative defense to actions … Once a defendant has raised a qualified immunity defense, the plaintiff bears the burden of demonstrating the violation of a clearly established right. See Kernats, 35 F.3d at 1176 (citing Rakovich, 850 F.2d at 1209 ).

Leang v. Jersey City Bd. of Educ.

399 N.J. Super. 329 · New Jersey Superior Court Appellate Division · Apr 2, 2008

She reiterated her conclusion that they were entitled to a qualified immunity as state actors. … Thus, the motion judge erred in granting the JCMC a qualified immunity under N.J.S.A. 30:4-27.7 and the summary judgment as to the JCMC on the ground of a qualified immunity is reversed. IX.

Washington v. Fenty

611 F. Supp. 2d 45 · District Court, District of Columbia · Apr 29, 2009

were violated were not clearly established. … A defense of qualified immunity fails only if the officer has violated a clearly established constitutional right. See Saucier v. Katz, 533 U.S. 194 , 200, 121 S.Ct. 2151 , 150 L.Ed.2d 272 (2001).

Cillo v. City of Greenwood Village

739 F.3d 451 · Court of Appeals for the Tenth Circuit · Dec 31, 2013

“‘The doctrine of qualified immunity shields public officials . . . from damages actions unless their conduct was unreasonable in light of clearly established law.’” Gann v. … Clearly established right We also hold that the individual defendants are not entitled to summary judgment based on the second requirement for § 1983 qualified immunity because Sgt.