Case law
Opinions from 1658 to today.
10,000+ results
3.63s
715 F. Supp. 1201 · District Court, W.D. New York · Mar 14, 1989
immunity from liability for civil damages inasmuch as their decision to dismiss the plaintiff did not violate any of his “clearly established” rights. 4 Harlow v. … It merely supports the con- *1206 elusion that the law was in fact not clearly established at the time of his dismissal and that, therefore, Gorski and NeMoyer are entitled to qualified immunity from civil damages.
Cited 14 timesPublishedRonnie Jackson v. Jeff Gutzmer
866 F.3d 969 · Court of Appeals for the Eighth Circuit · Aug 10, 2017
This is an interlocutory appeal from the denial of qualified immunity, a doctrine that “shields a government official from liability unless his conduct violates ‘clearly established statutory or constitutional rights of which … “The immunity standard in Harlow itself eliminates all motive-based claims in which the official’s conduct did not violate clearly established law.” Id. at 592.
Cited 117 timesPublishedAdvisory Opinion to the Attorney General Re: Use of Marijuana for Certain Medical Conditions
132 So. 3d 786 · Supreme Court of Florida · Jan 27, 2014
We also conclude that the ballot title and summary comply with section 101.161(1) because they are not clearly and conclusively defective. … This limited immunity is necessary because, in the absence of such immunity, the mere act of prescribing marijuana, a controlled substance under Florida law, would result in civil or criminal liability or sanctions, which
Cited 26 timesPublishedMeagen Brinegar v. C.O. Lumpbert individually and in his official capacitys
West Virginia Supreme Court · Jul 30, 2020
The circuit court granted WVRJCFA’s motion first, in part on the application of qualified immunity. Ms. … Therefore, we find no error in the circuit court’s application of qualified immunity. In her third assignment of error, Ms.
Cited 0 timesPublishedWest Virginia Supreme Court · Mar 23, 2022
To overcome qualified immunity, a claimant must establish that the employee or official knowingly violated a clearly established law or acted maliciously, fraudulently, or oppressively. … Thus, the analysis turns to whether the acts alleged by the plaintiff can overcome qualified immunity because the acts violated some clearly established right of which a reasonable public official would have known, or were
Cited 0 timesPublished65 Cal. Rptr. 3d 641 · California Court of Appeal · Sep 10, 2007
This immunity is absolute for mandated reporters and qualified for other individuals who report child abuse (voluntary reporters). … Monroy’s statements to the police clearly arose from protected activity, as is established by the case on which Chabak, and ultimately the trial court, relied.
Cited 31 timesPublishedGlenn W. Phelps, Jr. v. Robert M. Coy, Jr., Christin Stutes
286 F.3d 295 · Court of Appeals for the Sixth Circuit · Apr 10, 2002
Coy’s qualified immunity motion. … A claim of qualified immunity presents two closely linked questions: whether the defendant violated the plaintiffs rights and whether those rights were clearly established at the time of the alleged violation.
Cited 251 timesPublishedAngela McCullough v. Ernest N. Finley, Jr.
907 F.3d 1324 · Court of Appeals for the Eleventh Circuit · Oct 29, 2018
The Mayor and the Chiefs Enjoy Qualified and State-Agent Immunity from the Jailees’ Complaint. … “Qualified immunity shields government officials acting within their discretionary authority from liability unless the officials ‘violate clearly established statutory or constitutional rights of which a reasonable person
Cited 300 timesPublishedJorge E. Cancel Lugo v. Carlos Alvarado, Etc.
819 F.2d 5 · Court of Appeals for the First Circuit · May 26, 1987
The district court ruled that where the discovery was not directed solely at damage issues related to the qualified immunity defense (i.e., “matters of personal motivations, related to the subjective components of the qualified … The qualified immunity inquiry involves not only the question of "whether the legal norms allegedly violated by the defendant were clearly established at the time of the challenged actions,” Mitchell v.
Cited 29 timesPublished523 F.3d 442 · Court of Appeals for the Fourth Circuit · Apr 28, 2008
Hence, qualified immunity will shield Deputy Rephann from suit if “a reasonable officer” could have believed tasering Orem was lawful, in light of the clearly established law and the information Deputy Re-phann possessed … Rather, Deputy Rephann used the taser to punish or intimidate Orem — a use that is not objectively reasonable, is contrary to clearly established law, and not protected by qualified immunity. Y.
Abrogated on other grounds by Wilkins v. Gaddy, 559 U.S. 34 (2010)Cited 109 timesPublished562 N.E.2d 685 · Indiana Supreme Court · Nov 8, 1990
qualified immunity defense depends upon the "objective reasonableness of [his] conduct as measured by reference to *704 clearly established law." … qualified immunity.
Cited 55 timesPublishedGreene v. Friend of the Court, Polk County
406 N.W.2d 433 · Supreme Court of Iowa · Apr 15, 1987
City of Independence, 445 U.S. 622 , 100 S.Ct. 1398 , 63 L.Ed.2d 673 (1980), serves, we believe, to abrogate any qualified immunity under the facts which plaintiff may be able to establish at trial. … We find that DHS is clearly an alter ego agency of the state of Iowa for purposes of sharing in its immunity. See Iowa Code § 25A.2(1).
Cited 20 timesPublishedSuperior Court of Delaware · Jul 20, 2016
on the ground that a purported right was not clearly established, question of whether the purported right exists at without resolving the plied, [qualified immunity] protects all but the a>l?> all. … Thus, State Defendants argue that qualified immunity applies to Plaintiff’s claims against them, because Plaintiff has failed to identify a right to a particular procedure or protocol that has been clearly established by
Cited 0 timesPublished111 F. Supp. 2d 704 · District Court, D. Maryland · Aug 11, 2000
In assessing a claim for qualified immunity, the Court must: (i) identify the right allegedly violated; (ii) determine whether the constitutional right violated was clearly established at the time of the incident; and (iii … Because she is clearly protected by qualified privilege, the Court will not address her argument.
Cited 1 timesPublished272 F. Supp. 2d 154 · District Court, D. Puerto Rico · Jul 17, 2003
Id. 1) Qualified Immunity and Indifference to Medical Needs Qualified immunity shields officials from having to pay for damages resulting from violations of § 1983 provided “their conduct does not violate clearly established … it occurred, transgressed a clearly established right.”
Cited 3 timesPublished121 F.4th 1359 · Court of Appeals for the Tenth Circuit · Nov 26, 2024
Our review is thus confined to qualified immunity’s two prongs: whether the facts “suffice to show a legal violation” and “whether that law was clearly established at the time of the alleged violation.” Id. … The district court correctly denied him qualified immunity, so we affirm. 8 Holcomb finally argues that the district court erred by implying that a jury could decide the issue of clearly established law
Cited 10 timesPublished727 F. Supp. 2d 1309 · District Court, M.D. Florida · Jul 20, 2010
“Qualified immunity offers complete protection for government officials sued in their individual capacities if their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … To receive qualified immunity protection, the government official must first establish that he was acting within his discretionary authority at the time of the alleged violation. Cottone v.
Cited 10 timesPublishedJane Doe v. Petaluma City School District
54 F.3d 1447 · Court of Appeals for the Ninth Circuit · May 12, 1995
"On review of a denial of qualified immunity, '[w]e have jurisdiction only to decide if defendant's conduct violated ... clearly established [law].' " Pelletier v. … Because qualified immunity is an affirmative defense from suit, not merely from liability, "[u]nless the plaintiff's allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity
Cited 5 timesPublishedCynthia Archer v. John Chisholm
870 F.3d 603 · Court of Appeals for the Seventh Circuit · Aug 29, 2017
It granted the Investigators’ motion for judgment on the pleadings on qualified immunity grounds and noted that the Prosecutors also were entitled to qualified immunity. … right that was clearly established at the time of the challenged conduct.”
Cited 281 timesPublished275 F.3d 565 · Court of Appeals for the Sixth Circuit · Jan 4, 2002
Three other circuits, on the other hand, have held that a right to refuse to identify oneself during a valid Terry stop was not clearly established for purposes of qualified immunity. See Oliver v. … Because the right must have been clearly established at the time the officer act *572 ed in order to defeat the claim to qualified immunity, we do not discuss the reasoning of these cases. .
Cited 63 timesPublished
Ask Donna