Case law

Opinions from 1658 to today.

Filters1851

10,000+ results

2.08s

  • Justin Parsons v. City of Pontiac

    Court of Appeals for the Sixth Circuit · Jul 22, 2008

    But under § 1983, “an arresting agent is entitled to qualified immunity if he or she could reasonably (even if erroneously) have believed that the arrest was lawful, in light of clearly established law and the information … Detectives Martin and McKinney, however, are entitled to qualified immunity unless their actions “were objectively unreasonable in light of the clearly established right.” See id.

    Cited 0 timesUnknown
  • Kaminski v. Anderson

    792 F. Supp. 2d 657 · District Court, W.D. New York · May 27, 2011

    Tollaksen, 257 Fed.Appx. 400, 401 (2d Cir.2007) (government officers “are protected by qualified immunity if their actions do not violate clearly established law, or it was objectively reasonable for them to believe that … For purposes of qualified immunity, “[a] right is clearly established when the contours of the right [are] sufficiently clear that a reasonable official would understand that what he is doing violates that right....

    Cited 4 timesPublished
  • Kyle Beatty v. Clinton Gardner

    Court of Appeals for the Third Circuit · Sep 16, 2026

    But because that limit was not clearly established at the time, qualified immunity shields them from liability. So we will affirm the District Court’s summary judgment for the officers. I. … Several of our sister circuits have previously granted qualified immunity from similar claims, reasoning that there is no clearly established “First Amendment right to re- main silent when questioned by the police.”

    Cited 0 timesPublished
  • Hawley v. Nelson

    968 F. Supp. 1372 · District Court, E.D. Missouri · Apr 4, 1997

    Qualified immunity is available (1) if the law as it relates to the relevant facts was not clearly established or (2) if a reasonable official could have believed the alleged conduct was lawful in light of the clearly established … clearly established and defendants are entitled to at least qualified immunity from suit.

    Cited 7 timesPublished
  • Lutfi Saalim v. Walmart, Inc.

    97 F.4th 995 · Court of Appeals for the Sixth Circuit · Apr 3, 2024

    Qualified Immunity Bretzloff claims that he is entitled to qualified immunity on Saalim’s § 1983 Fourth Amendment claim against him. … entitling them to qualified immunity.

    Cited 76 timesPublished
  • Dora Elizabeth Cook v. Gwinnett Co. School Dist.

    414 F.3d 1313 · Court of Appeals for the Eleventh Circuit · Jun 29, 2005

    clearly established.” … immunity because they violated clearly established law.

    Cited 65 timesPublished
  • Watson v. City of Kansas City

    185 F. Supp. 2d 1191 · District Court, D. Kansas · Nov 21, 2001

    . • Qualified Immunity Qualified immunity protects state actors from liability when acting within the scope of their employment. … The Supreme Court has established a two-part approach to determine if qualified immunity applies.

    Cited 1 timesPublished
  • Ledvina v. Cerasani

    213 Ariz. 569 · Court of Appeals of Arizona · Oct 31, 2006

    reports in the public interest, a situation clearly not present here. … A qualified privilege is inadequate under the circumstances....

    Cited 43 timesPublished
  • Martinez v. City Of Schenectady

    115 F.3d 111 · Court of Appeals for the Second Circuit · May 13, 1997

    does not violate clearly established statutory or constitutional rights of which a reasonable person would have known,' Harlow v. … established federal rights. 54 The district court's order denying the defendants' motion for summary judgment on the ground of qualified immunity is reversed.

    Cited 18 timesPublished
  • Hurt v. Parker

    462 S.W.3d 403 · Court of Appeals of Kentucky · May 1, 2015

    established priorities and needs.” … Thus, the principal was entitled to qualified immunity.

    Cited 0 timesPublished
  • MacDonald v. Angelone

    69 F. Supp. 2d 787 · District Court, E.D. Virginia · Sep 2, 1999

    The doctrine of good faith qualified immunity shields government employees performing discretionary functions from civil liability unless their conduct violates “clearly established statutory or constitutional rights of which … Second, courts must determine whether the right is clearly established. See id. (citing Collinson, 895 F.2d at 998 ).

    Cited 1 timesPublished
  • James F. Robinson v. Solano County Brian Cauwells, Solano County Sheriff's Deputy Officer Gary Faulkner, Solano County Sheriff's Deputy Officer

    218 F.3d 1030 · Court of Appeals for the Ninth Circuit · Jul 12, 2000

    Qualified immunity “ ‘shield[s] [government agents] 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 … Layne, 526 U.S. 603, 615 , 119 S.Ct. 1692 , 143 L.Ed.2d 818 (1999) (“ ‘clearly established’ ” for purposes of qualified immunity does not mean that “ ‘an official action is pro *1036 tected by qualified immunity unless the

    Cited 13 timesPublished
  • Keith K. Stevens v. Scott Rose, Esq. Kenny Moore County of Lander, and Troy Hanson

    298 F.3d 880 · Court of Appeals for the Ninth Circuit · Aug 2, 2002

    Establishing qualified immunity requires that the official’s conduct be objectively reasonable “as measured by reference to clearly established law.” Harlow v. … We therefore affirm the district court’s denial of Hanson’s motion for summary judgment on qualified immunity. AFFIRMED. 1 .

    Cited 26 timesPublished
  • HILL v. JACKSON Et Al.

    336 Ga. App. 679 · Court of Appeals of Georgia · Mar 24, 2016

    When a party moves for summary judgment on the basis of qualified immunity, that party bears the burden of establishing that he was entitled to the protection of said immunity. Jobling, supra at 488 (2) (a). … Moreover, the contract itself clearly establishes the duties of CMA and its employees.

    Cited 17 timesPublished
  • Tiramani v. Johnson

    307 F. Supp. 3d 31 · District Court, D. Connecticut · Feb 8, 2018

    I agree that the defendants are protected by qualified immunity. … There was no "clearly established" law prohibiting warrantless entry in similar circumstances in the absence of a sign of a break-in.

    Cited 2 timesPublished
  • Falkiewicz v. City of Westland

    25 F. Supp. 2d 783 · District Court, E.D. Michigan · Oct 26, 1998

    Defendants claim that they are entitled to qualified immunity because they did not violate any clearly established rights. 4 Standard of Review Qualified Immunity Defendants rely upon the doctrine of qualified immunity to … Under the qualified immunity doctrine, “government officials pferforming discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory

    Cited 0 timesPublished
  • Rittenhouse Entertainment, Inc. v. City of Wilkes-Barre

    District Court, M.D. Pennsylvania · May 7, 2021

    they therefore fail to establish qualified immunity. … Nevertheless, the court still concludes that O’Hara and McGonigle are entitled to qualified immunity because, as detailed above, the right at issue in this case was not clearly established at the time of the facts of this

    Cited 0 timesUnknown
  • Lundblad v. Celeste

    924 F.2d 627 · Court of Appeals for the Sixth Circuit · Jan 31, 1991

    The doctrine of qualified immunity, as defined in Harlow, supra at 818 , 102 S.Ct. at 2738 , shields officials “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … Thus the law was not clearly established on the issue, and the doctrine of official immunity shields the defendants from civil damages. *629 Accordingly, the opinion of the Court in Lundblad v.

    Cited 10 timesPublished
  • Jon Holland v. Martin Simmerman

    Court of Appeals for the Eighth Circuit · Aug 25, 2026

    “Qualified immunity shields public officials from liability for civil damages if their conduct did not ‘violate clearly established statutory or constitutional rights of which a reasonable person would have known.’” … To overcome dismissal based on qualified immunity, “the plaintiff must plead facts showing (1) that the official violated a statutory or constitutional right, and (2) that the right was clearly established at the time of

    Cited 0 timesPublished
  • Charles E. Johnson v. Dan Schneiderheinz, Individually and as Sheriff of Merrick County, Nebraska, County of Merrick, Nebraska

    102 F.3d 340 · Court of Appeals for the Eighth Circuit · Jan 7, 1997

    The sheriff moved for summary judgment on the basis of qualified immunity. … Government officials are qualifiedly immune from liability in civil actions to the extent their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known

    Cited 17 timesPublished

Ask Donna

Ask Donna

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.