Case law

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.

Salter v. Meta Platforms, Inc.

2025 NY Slip Op 04384 · Appellate Division of the Supreme Court of the State of New York · Jul 25, 2025

We reject MEAN's contention that the phrase "manufacturer or seller of a qualified product" in section 7903 (5) (A) should be read to divorce "manufacturer" from "qualified product" and grant immunity to any manufacturer … As a result, we conclude that MEAN established that it is "engaged in the business" of manufacturing a qualified product under the PLCAA by establishing that it "devotes time, attention, and labor to manufacturing [its qualified

Anna Mustafa v. City of Chicago

442 F.3d 544 · Court of Appeals for the Seventh Circuit · Mar 23, 2006

The defendants were protected by qualified immunity. … Qualified immunity protects officers performing discretionary functions from civil liability so long as their conduct does not violate dearly established statutory or constitutional rights that a reasonable person would know

Kelley v. Troy State University

923 F. Supp. 1494 · District Court, M.D. Alabama · May 2, 1996

Thus, a government official is not entitled to qualified immunity where the plaintiff demonstrates that the official’s actions violated a clearly established right. Sims v. … They correctly point out that, to lose qualified immunity, a government official must infringe a right that was clearly established at the time of the infringement. Lassiter v.

Barts v. Joyner

865 F.2d 1187 · Court of Appeals for the Eleventh Circuit · Mar 1, 1989

qualified immunity because their conduct in March 1983 did not violate clearly established law. … immunity because they did not violate clearly established constitutional right); State v.

Hicks v. City of Watonga

942 F.2d 737 · Court of Appeals for the Tenth Circuit · Aug 19, 1991

QUALIFIED IMMUNITY We review the denial of a qualified immunity claim de novo. McEvoy, 882 F.2d at 465 . … The appellants are entitled to qualified immunity on the property interest claim unless they violated Mr. Hicks’ clearly established right. Harlow, 457 U.S. at 818 , 102 S.Ct. at 2738 .

Mollan v. Lindner

544 Pa. 487 · Supreme Court of Pennsylvania · Jun 18, 1996

This Court made clear in Montgomery that, absent statutory classification, the parameters establishing “high public official” status would be delineated by the judiciary on a case-by-case basis, rather than establishing a … Exercising significant policy-making functions as the most important public official in the Borough of Yeadon, Appellee clearly qualifies as a “high public official” under the criteria established in Montgomery .

Horn v. City of Seat Pleasant, Md.

57 F. Supp. 2d 219 · District Court, D. Maryland · Jul 20, 1999

Id. “ ‘If the right was not clearly established at the relevant time or if a reasonable [official] might not have known that his or her conduct violated that right, the [official] is entitled to immunity.’ ” Id. … Therefore the Eight Circuit in these cases did not address the issue of qualified immunity.

Coffey v. Quinn

578 F. Supp. 1464 · District Court, N.D. Illinois · Nov 14, 1983

At the time of the decision, the law in that circuit was undecided as to whether local legislators enjoyed absolute or qualified personal immunity. … Municipal decisionmakers passing on administrative questions possess qualified good faith immunity, not absolute immunity. See Wood v. Strictland, 420 U.S. 308 , 95 S.Ct. 992 , 43 L.Ed.2d 214 (1975); Scheuer v.

Vélez-Herrero v. Guzman

330 F. Supp. 2d 62 · District Court, D. Puerto Rico · Aug 13, 2004

Plaintiff Vélez counters that because her constitutional rights were clearly established at the time of the alleged violation, Defendant Alejandro is, therefore, not entitled to qualified immunity. … We use a three-part test to determine whether an officer is entitled to qualified immunity: (1) whether, as alleged, a constitutional violation has occurred; (2) whether the constitutional right was clearly established at

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.

Brian Royster v. New Jersey State Police(075926)

227 N.J. 482 · Supreme Court of New Jersey · Jan 17, 2017

Defendant also stresses that sovereign immunity is a well-established defense to ADA claims in federal courts, and that plaintiff could have pursued both the LAD and ADA claims for failure to provide reasonable accommodations … Burdette Tomlin Mem’l Hosp., 438 F.3d 240, 246, n.12 (3d Cir. 2006)). 5 *500 To establish a failure-to-accommodate claim under the LAD, a plaintiff must demonstrate that he or she (1) “qualifies as an individual with a disability

Brown v. City of Milwaukee

288 F. Supp. 2d 962 · District Court, E.D. Wisconsin · Oct 21, 2003

Qualified Immunity Defendants argue that even if Garcia violated plaintiffs Fourth Amendment rights, he is entitled to qualified immunity. … 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 statutory

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.

Hill v. Dekalb Regional Youth Detention Center

40 F.3d 1176 · Court of Appeals for the Eleventh Circuit · Dec 27, 1994

Swain is entitled to qualified immunity because she violated no clearly established Eighth Amendment law in August, 1987. … Importantly, for qualified immunity purposes, Swain cannot be held responsible for knowledge of Barfield , decided by this court in September, 1989, because it was not clearly established law in August, 1987.

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)

Jane Doe v. Francis D. Phillips, Ii, Gerald D. D'amelia, Jr.

81 F.3d 1204 · Court of Appeals for the Second Circuit · Apr 22, 1996

Qualified Immunity In support of his defense of qualified immunity, D’Amelia argues, inter alia, that he did not violate any clearly established constitutional rights because he and his colleagues knew of no ease holding … Government officials may enjoy a privilege of qualified immunity from liability for damages arising out of their performance of discretionary official functions so long as their conduct “does not violate clearly established

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.

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

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.