Case law

Larenzo Irvin v. Tyler Richardson

20 F.4th 1199 · Court of Appeals for the Eighth Circuit · Dec 16, 2021

Qualified immunity shields government officials from civil damage liability for a discretionary act that “does not violate clearly established statutory or constitutional -4- rights … : whether the rights at issue were clearly established.

Walsh v. Ward

757 F. Supp. 959 · District Court, C.D. Illinois · Mar 1, 1991

Qualified Immunity Defendants’ final argument in support of their motion to dismiss is that, to the extent they are sued in their individual capacities, they are immune from liability pursuant to the doctrine of qualified … In short, the “qualified immunity analysis entails a purely objective inquiry to determine whether at the time of the alleged illegal act, the right asserted by the plaintiff was clearly established in the particular factual

White v. Board of Trustees of the University of Alabama

31 F. Supp. 2d 953 · District Court, N.D. Alabama · Jan 15, 1999

Harbert has set forth a general principle of law, but we have held time and again that clearly established general principles of law will seldom if ever suffice to strip a defendant of qualified immunity. … qualified immunity.

Cook v. City of Groton

952 F. Supp. 101 · District Court, D. Connecticut · Feb 6, 1997

A police officer is entitled to qualified immunity unless his conduct violated a right that was clearly established at the time. … Because the contours of the right on which the plaintiff relies were not clearly established at the pertinent time, the defendants are entitled to qualified immunity. 3.

Adrow v. Johnson

623 F. Supp. 1085 · District Court, N.D. Illinois · Dec 12, 1985

Qualified Immunity Defendants also argue that even if this search violated the fourth amendment, they are protected by the qualified immunity accorded to certain government officials and are therefore not liable for damages … (“One of the cases [establishing the applicable standard] was a case from this circuit. As the law was, therefore, established, the defendants were not entitled to immunity.” Id. (emphasis added)).

Anderson v. Recore

317 F.3d 194 · Court of Appeals for the Second Circuit · Jan 15, 2003

The judge's qualified immunity determination followed from his conclusion that Sandin v. … Dist., 239 F.3d 246 , 250 (2d Cir.2001). 9 Defendants are entitled to qualified immunity "if either (a) the defendant's action did not violate clearly established law, or (b) it was objectively reasonable for the defendant

Hodge v. Jones

31 F.3d 157 · Court of Appeals for the Fourth Circuit · Jul 19, 1994

The court rejected Defendants' proffered qualified immunity defense on a determination that both the protected interest of familial privacy and the procedural safeguards ofSec. 5-715 were clearly established at the time of … Defendants are entitled to qualified immunity from civil monetary damages if their conduct did not violate the Hodges' clearly established federal statutory or constitutional rights of which a reasonable person would have

Cook v. BD. OF COUNTY COM'RS OF CTY. OF WYANDOTTE

966 F. Supp. 1049 · District Court, D. Kansas · May 29, 1997

The Court also finds that Officer Drake is not entitled to qualified immunity. … Qualified immunity would shield Officer Drake from suit for damages if a reasonable officer could have believed that plaintiffs arrest was lawful in light of clearly established. law and information which Officer Drake possessed

Adkins v. Rodriguez

59 F.3d 1034 · Court of Appeals for the Tenth Circuit · Jul 6, 1995

Adkins could not set forth a claim showing a clearly established right to be free of sexual harassment in a prison setting. Upon this basis, the court granted defendant qualified immunity from suit. In this appeal, Ms. … Having raised the defense of qualified immunity, defendant then places the onus on the plaintiff to establish defendant has violated a clearly established law. Hovater v. Robinson, 1 F.3d 1063, 1066 (10th Cir.1993).

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

Winburn v. Bologna

979 F. Supp. 531 · District Court, W.D. Michigan · Jun 12, 1997

the qualified immunity question.” … Since Defendants did not violate a clearly established statutory or constitutional right, they are entitled to qualified immunity.

Fernando C. HARVEY, Plaintiff-Appellee, v. Thorne BLAKE, Defendant-Appellant

913 F.2d 226 · Court of Appeals for the Fifth Circuit · Oct 1, 1990

Cater in her individual capacity under the doctrine of qualified immunity. The district court declined, however, to grant Ms. Blake qualified immunity, reasoning that Ms. … which were clearly established at the time, qualified immunity should have been given.

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

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.

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.

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 .

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.

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

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