Case law

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.

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

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

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 .

State v. Andrews

424 S.C. 304 · Court of Appeals of South Carolina · Jul 18, 2018

On appeal, Andrews argues the circuit court erred in (1) denying him immunity under the Protection of Persons and Property Act 1 **308 (the Act) due to inconsistent witness testimony, (2) refusing to qualify Investigator … He stated shootings typically caused "memory fragmentation[, a]nd after a couple of sleep cycles[,] you're able to consolidate your memories" and remember the event more clearly.

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

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

Wood v. MCC Superintendant

89 F.3d 922 · Court of Appeals for the First Circuit · Jul 22, 1996

B Plaintiffs can overcome the defendant's assertion of the qualified immunity defense only by showing that Clemons' conduct was objectively unreasonable in light of clearly established law. … is entitled to qualified immunity.

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)

Leona Mullins v. Oscar Cyranek

805 F.3d 760 · Court of Appeals for the Sixth Circuit · Nov 9, 2015

Cyranek moved for summary judgment, asserting qualified immunity. … Police officers are immune from civil liability unless, in the course of performing their discretionary functions, they violate the plaintiff’s clearly established constitutional rights. Messerschmidt v.

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

Ankele v. Hambrick

286 F. Supp. 2d 485 · District Court, E.D. Pennsylvania · Oct 8, 2003

The defense of qualified immunity shields government officials performing discretionary acts from civil liability so long as their conduct “does not violate clearly established statutory or constitutional rights of which … Thus, qualified immunity is not available where a plaintiff has alleged a violation of a constitutional right and the right was clearly established when violated.

Johnson-El v. Schoemehl

878 F.2d 1043 · Court of Appeals for the Eighth Circuit · Jul 17, 1989

of clearly established law. … Creighton, 483 U.S. 635, 640 , 107 S.Ct. 3034, 3039 (1987) (to overcome qualified immunity, a plaintiff must allege that the official violated a clearly established right, the contours of which are sufficiently clear that

Richard Wesley v. Alison Campbell

779 F.3d 421 · Court of Appeals for the Sixth Circuit · Mar 2, 2015

If the arrest was supported by probable cause, then Rigney would be entitled to qualified immunity. If not, then qualified immunity was inappropriate and both decisions must be reversed. … Hence, qualified immunity was inappropriate, because it is clearly established that “[p]olice officers cannot, in good faith, rely on a judicial determination of probable cause when that determination was premised on an officer

MOLINA-AVILES v. District of Columbia

824 F. Supp. 2d 4 · District Court, District of Columbia · Nov 14, 2011

Qualified immunity shields a government official from liability under § 1983 provided the official’s conduct did not violate a clearly established constitutional right of which a reasonable officer would have known. … Qualified immunity is “a defense that shields officials from suit if their conduct ‘d[id] not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’ ” Ortiz v.

Lewis v. Washington

265 F. Supp. 2d 939 · District Court, N.D. Illinois · Jun 2, 2003

“Qualified immunity protects government officials from civil liability when performing discretionary functions so long as ‘their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … I find that the constitutional rights asserted by plaintiffs here are not “clearly established” for purposes of denying defendants qualified immunity.

Cotto v. City of Middletown

158 F. Supp. 3d 67 · District Court, D. Connecticut · Jan 19, 2016

“The issues on qualified immunity are: (1) whether plaintiff has shown facts making out violation of a constitutional right; (2) if so, whether that right was ‘clearly established’; and (3) even if the right was ‘clearly … Conducting a strip search despite a wholly unjustified lack of privacy violates clearly established law and defeats Davis’ claim of qualified immunity.

Davis v. Durham City Schools

91 N.C. App. 520 · Court of Appeals of North Carolina · Oct 4, 1988

The affidavit of the police officer who investigated the matter, however, clearly establishes that the decision to prosecute was made solely by the officer based upon the results of his investigation, and the principal was … of the immunity contemplated by the statute.