Case law
Opinions from 1658 to today.
10,000+ results
2.35s
169 F. Supp. 3d 1221 · District Court, D. Utah · Aug 14, 2016
Qualified Immunity “Public officials are immune from suit under 42 U.S.C. § 1983 unless they have violated a statutory or constitutional right that was clearly established at the. time of the challenged conduct.” … Pursuant to Quinn , 780 at 1004, the court determines that this issue is most efficiently resolved by first analyzing the “clearly established” prong of the SLC Defendants’ qualified immunity defense.
Cited 8 timesPublishedBabb v. Lake City Community College
66 F.3d 270 · Court of Appeals for the Eleventh Circuit · Oct 5, 1995
is whether the facts show a violation of “clearly established” law. … “clearly established” law.
Cited 4 timesPublishedBates v. ST. LUCIE COUNTY SHERIFF'S OFFICE
31 So. 3d 210 · District Court of Appeal of Florida · Feb 24, 2010
Therefore, the plaintiff argues the Sheriffs absolute immunity is limited to qualified immunity based upon whether there was a disclosure of knowingly false information. … Section 943.139(4) fails to clearly abrogate, limit, or qualify the absolute immunity provided the Sheriff under common law. For these reasons, we affirm. Affirmed. GROSS, C.J., and CIKLIN, J., concur. 1 .
Cited 3 timesPublished996 F. Supp. 2d 19 · District Court, D. Rhode Island · Feb 12, 2014
established right in this regard, qualified immunity attaches to these defendants on the procedural due process claim. … These constitutional principles are axioms that are not questionable or in doubt; they are and have been “clearly established,” and thus the Federal Defendants are not entitled to qualified immunity.
Cited 10 timesPublished125 N.J. 361 · Supreme Court of New Jersey · Aug 7, 1991
other antecedent or surrounding conduct might constitute acts or action that would otherwise be subject to the qualified immunity. … In construing the Act, this Court has respected that legislative policy to establish immunity as the general rule. E.g., Rochinsky v. State, 110 N.J. 399, 407-08 , 541 A. 2d 1029 (1988).
Cited 49 timesPublished898 F.2d 1530 · Court of Appeals for the Eleventh Circuit · Apr 25, 1990
Although intertwined with issues of jurisdiction and qualified immunity, this appeal concerns the severity of injury to an inmate required to establish a constitutional claim of excessive use of force. … The doctrine of qualified immunity accomplishes a similar purpose by shielding public officials from civil liability when their conduct “does not violate clearly established statutory or constitutional rights of which a reasonable
Cited 182 timesPublishedLouisiana Attorney General Reports · Sep 18, 2001
Second is qualified immunity, which protects an official from liability unless the official clearly violates an established statutory or constitutional right. The court in Lucas v. Parish of Jefferson , 999 F. … Under this rationale, a person, such as a prosecutor, could have absolute immunity for some of his conduct but only qualified immunity for other of his job-related activities.
Cited 0 timesPublishedClarence Jason v. James LeBlanc
938 F.3d 191 · Court of Appeals for the Fifth Circuit · Sep 9, 2019
The defendants moved for summary judgment, asserting qualified immunity. The district court granted Secretary LeBlanc qualified immunity. But it denied qualified immunity to Ladner, Pierce, and Tanner. … Plaintiffs can go to trial if they show that the official violated their clearly established right. 11 In other words, it’s a two-prong test— (1) whether the official violated a right; and (2) whether that right was clearly
Cited 22 timesPublished633 F.3d 877 · Court of Appeals for the Ninth Circuit · Feb 1, 2011
The right to notice and hearing prior to a public official’s administrative taking of property is clearly established. See, e.g., Fuentes v. … Glover was not entitled to qualified immunity because the law was clearly settled. 2 AFFIRMED. . The granting of qualified immunity is reviewed only as a part of an appeal of a final judgment. .
Cited 2 timesPublished206 F. Supp. 2d 1119 · District Court, D. Kansas · Jun 6, 2002
Thus, Nordeen’s conduct, in filing a sworn complaint and sworn affidavit stating the facts purporting to establish probable cause, is entitled to qualified, not absolute immunity. … of ‘clearly established statutory or constitutional rights of which a reasonable person would have known.’ ” 23 Plaintiffs argument that Nordeen is not entitled to qualified immunity is based on three premises: (1) that
Cited 3 timesPublished84 S.W.3d 1 · Court of Appeals of Texas · Oct 12, 2000
In this appeal from a summary judgment on the affirmative defense of qualified immunity, we are asked to review whether appellee, Officer Mark Andrew Telthorster, established as a matter of law that he acted in good faith … In one point of error, the appellant argues the appellee is not entitled to summary judgment based on qualified immunity because he failed to establish as a matter of law that he acted in good faith during the appellant’s
Cited 4 timesPublishedDoug Morgan v. Plano Independent School Dist
Court of Appeals for the Fifth Circuit · Apr 2, 2014
To overcome the qualified immunity defense at the pleading stage, Morgan must allege that the objectionable conduct violated a right that was “clearly established at the time.” Pearson v. … The prior cases had so clearly established the law that the plaintiff was able to overcome the presumption in favor of qualified immunity. Id. at 1030.
Cited 0 timesPublished340 F.3d 952 · Court of Appeals for the Ninth Circuit · Aug 21, 2003
If the right is not clearly established, the defendant is entitled to qualified immunity. Id. … “[Qualified immunity shields agents ... if ‘a reasonable officer could have believed [the action] to be lawful, in light of clearly established law and the information the [arresting] officers possessed.’ ” Hunter v.
Cited 22 timesPublishedHoward v. Board of Education of Sycamore Community Unit School District No. 427
893 F. Supp. 808 · District Court, N.D. Illinois · Jul 21, 1995
Qualified Immunity Weleker contends he is entitled to qualified immunity as to plaintiffs section 1983 claim because there is no clearly established law that he had a duty to take action in response to the students’ allegedly … Absent allegations stating a violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery. Id.
Cited 19 timesPublishedPerry, Peary v. the City of Houston and George Greanias
Texas Court of Appeals, 1st District (Houston) · May 23, 2002
Government officials performing discretionary functions have qualified immunity from liability for actions that do not violate clearly established statutory or constitutional rights of which a reasonable person would have … in light of the clearly established rights.
Cited 0 timesPublished2 F.4th 1115 · Court of Appeals for the Eighth Circuit · Jun 30, 2021
claim for violation of a constitutional or statutory right,” and second, “whether the right was clearly established at the time of the alleged infraction.” … In conducting this analysis, we “may review the legal issues whether conduct violated the Fourth Amendment or clearly established law,” but “cannot review whether a factual dispute is genuine.” Sok Kong v.
Cited 10 timesPublishedDistrict Court, N.D. California · Jun 12, 2025
immunity grounds. … Under Ninth Circuit law, qualified immunity is not 4 available to private defendants in a section 1983 suit. Danielson v.
Cited 0 timesUnknownStone v. Olderbak Georgetown/Willows LLC
District Court, D. Nebraska · Mar 1, 2024
The Order Is Not Clearly Erroneous Part of Defendant’s first objection and Defendant’s third objection assert that the Order is clearly erroneous. … Dillard’s, Inc., 643 F.3d 607, 613 (8th Cir. 2011) (explaining that the possibility of a different result does not establish that the result is clearly erroneous).
Cited 0 timesUnknownDustin Williamson v. Bryan Stirling
912 F.3d 154 · Court of Appeals for the Fourth Circuit · Dec 21, 2018
In making its qualified immunity rulings, the district court relied solely on the clearly established prong, deciding that Williamson’s due process rights were not clearly established, and thus awarded qualified immunity … If the law regarding the level of process owed to pretrial detainees was not clearly established as to either situation, Director Stirling and Sheriff Carroll would yet be entitled to qualified immunity on Williamson’s
Cited 396 timesPublished256 F. Supp. 3d 719 · District Court, W.D. Michigan · Jun 21, 2017
Once the qualified immunity defense is raised, the plaintiff bears the burden of demonstrating both that the challenged conduct violates a constitutional or statutory right and that the right was so clearly established at … However, “to satisfy the second prong of the [qualified-immunity] .standard, plaintiff must show that the right was clearly established in a ‘particularized sense,’ such that a reasonable officer confronted with the same
Cited 3 timesPublished
Ask Donna