Case law

Thomas v. Nicholson

21 V.I. 561 · Supreme Court of The Virgin Islands · Sep 20, 1985

; rather, he was only eligible for qualified immunity. … Even where the assistant commissioner was in the position of acting commissioner, he was still not deemed by the Court to be a “superior executive officer” and, therefore, could only claim a qualified immunity.

Pittman v. Nelms

87 F.3d 116 · Court of Appeals for the Fourth Circuit · Jun 26, 1996

The immunity level consists of two sub-issues--whether the law governing the violation was clearly established at the time of the incident, Siegert v. … But it invokes immunity prematurely if the facts indicate no constitutional violation, clearly established or otherwise 3 Like Pittman, Graham grounded his claim on multiple provisions of the Constitution.

Pinder v. Commissioners of Cambridge

821 F. Supp. 376 · District Court, D. Maryland · May 10, 1993

The lack of precise factors does not establish Defendants’ qualified immunity. … If an official subject to qualified immunity could claim that a right is not “clearly established” because the right contains limitations or has some uncertain areas of application, then an official would always be immune

Salazar-Limon v. City of Houston

97 F. Supp. 3d 898 · District Court, S.D. Texas · Mar 31, 2015

Qualified immunity protects government officials “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 … Thompson’s use of deadly force did not violate Salazar’s clearly established constitutional rights.

Fleming v. Livingston County, Ill.

674 F.3d 874 · Court of Appeals for the Seventh Circuit · Mar 28, 2012

Qualified Immunity The question of whether Turner actually had probable cause to arrest Fleming is separate from the question relating to qualified immunity.3 “Qualified immunity 3 Fleming asserts that “the court’s … immunity defense.5 As we have stated before, “[c]onsulting a prosecutor may not give an officer absolute immunity from being sued for false arrest, but it goes far to establish qualified immunity.

Jim Maxwell v. County of San Diego

697 F.3d 941 · Court of Appeals for the Ninth Circuit · Sep 13, 2012

Qualified immunity protects government officers “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 … To determine whether an officer is entitled to qualified immunity, we ask, in the order we choose, (1) whether the alleged misconduct violated a right and (2) whether the right was clearly established at the time of the alleged

Beverly Nettles-Nickerson v. John Free

687 F.3d 288 · Court of Appeals for the Sixth Circuit · Jun 1, 2012

The district court, however, granted the officers’ motion for summary judgment, holding that they were entitled to qualified immunity because Nettles- Nickerson did not have “a clearly established constitutional right to … Qualified immunity is warranted even if a constitutional violation has occurred if the right violated was not clearly established, Estate of Carter v.

Ortiz v. Morris

Massachusetts Appeals Court · Apr 27, 2020

Following discovery, Morris moved for summary judgment on the basis of qualified immunity. … Whether an officer is immune "turns on the objective legal reasonableness of the action assessed in light of the legal rules that were clearly established at the time [the action] was taken" (quotations and citation omitted

Reyes-Reyes v. Toledo-Davila

860 F. Supp. 2d 152 · District Court, D. Puerto Rico · May 17, 2012

Qualified immunity, “an immunity from suit rather than a mere defense to liabilityU” Hunter v. … Here, Benitez is entitled to qualified immunity unless (1) “the facts alleged or shown by the plaintiff make out a violation of a constitutional right” and (2) such right was “ ‘clearly established’ at the time of the defendant

Minigan v. Irvin

977 F. Supp. 607 · District Court, W.D. New York · Aug 18, 1997

Qualified Immunity. Defendants are also entitled to summary judgment on the ground of qualified immunity. … Even when such rights are clearly established, qualified immunity will protect a government official “if it was objectively reasonable for [the official] to believe that his acts did not violate those rights.”

Thorpe v. Weaver

Court of Appeals for the Fifth Circuit · Jul 8, 2026

To overcome qualified immunity, plaintiffs must show: “(1) that the [officer] violated a statutory or constitutional right, and (2) that the right was clearly established at the time of the challenged conduct.” … Plaintiffs cannot show that Weaver violated clearly established law. Even if Weaver learned of Boykin’s distress, we still grant her qualified immunity.

Marantes v. Miami-Dade County

649 F. App'x 665 · Court of Appeals for the Eleventh Circuit · Apr 28, 2016

Thus, the individual defendants were entitled to qualified immunity. … “Qualified immunity protects government officials performing discretionary functions from suits in their individual capacity unless their conduct violates clearly established statutory or constitutional rights of which a

Pavlov v. Parsons

574 F. Supp. 393 · District Court, S.D. Texas · Oct 14, 1983

and qualified immunity from the constitutional tort claims. … Once the defendant establishes this defense, the burden then shifts to the plaintiff to prove that the defendants’ action violated clearly established law. Harlow v.

Webster v. Moquin

175 F. Supp. 2d 315 · District Court, D. Connecticut · Nov 20, 2001

Once a defendant raises a qualified immunity defense, the burden is on the plaintiff to establish that immunity does not apply. See Davis v. … Because qualified immunity is an affirmative defense, the defendants bear the “burden of demonstrating the nonexistence of a clearly established right.” Tellier v. Fields, No. 98-2249, 2001 WL 457767, at *11 (2d Cir.

Krider v. Marshall

118 F. Supp. 2d 704 · District Court, S.D. West Virginia · Oct 6, 2000

Doory, 14 F.3d 993, 995 (4th Cir.1994): “Qualified immunity shields a governmental official from liability for civil monetary damages if the officer’s ‘conduct does not violate clearly established statutory or constitutional … The Court of Appeals has parsed out the qualified immunity analysis: “First, we must identify the right allegedly violated; second, we must decide whether the right was clearly established at the time of the alleged violation

Brown v. Armenti

247 F.3d 69 · Court of Appeals for the Third Circuit · Apr 17, 2001

immunity, "the appealable issue is a purely legal one: whether the facts alleged . . . support a claim of violation of clearly established law." … "clearly established." 31 Behrens v.

Fernando Jacquez v. R.K. Procunier

801 F.2d 789 · Court of Appeals for the Fifth Circuit · Oct 10, 1986

Qualified immunity shields state officials from liability unless their conduct violates “clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … Forsyth stated, “[ujnless the plaintiff’s allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery.” 472 U.S.

Connecticut ex rel. Blumenthal v. Crotty

346 F.3d 84 · Court of Appeals for the Second Circuit · Sep 30, 2003

Disagreeing with Appellants, the district court denied qualified immunity after determining that Yolovar’s rights were clearly established at the time of enforcement and that Appellants’ enforcement of the Nonresident Lobster … Qualified immunity is warranted if either *102 (1) the official’s actions did not violate clearly established law, or (2) even if the actions violated a clearly established law, the official was objectively reasonable in

Baisi v. Burke

359 F. Supp. 3d 592 · District Court, E.D. Illinois · Jan 9, 2019

Accordingly, defendants are entitled to qualified immunity, and I dismiss the complaint on that basis. … To overcome defendants' assertion of qualified immunity, plaintiff must show that the constitutional right he seeks to vindicate was clearly established at the time of the conduct in question.

Posey v. City of Buckhannon

228 W. Va. 612 · West Virginia Supreme Court · Jan 27, 2012

City of Huntington, 198 W.Va. 139 , 479 S.E.2d 649 (1996), makes clear: The ultimate determination of whether qualified or statutory immunity bars a civil action is one of law for the court to determine. … Therefore, unless there is a bona fide dispute as to the foundational or historical facts that underlie the immunity determination, the ultimate questions of statutory or qualified immunity are ripe for summary disposition