Case law

Williams v. Peninsula Regional Medical Center

440 Md. 573 · Court of Appeals of Maryland · Nov 21, 2014

Although the Health Care Providers would not qualify for immunity under subsection (a), the General Assembly clearly included them when drafting subsections (b) and (c). … That the General Assembly referred to all of Part III, including these restrictions on admittance, when establishing the prerequisites to qualifying for immunity, demonstrates its intent that the immunity extend beyond

Isengard v. New Mexico Public Education Department

708 F. Supp. 2d 1190 · District Court, D. New Mexico · Sep 30, 2009

Qualified immunity shields government officials from liability where “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Pearson v. … Qualified immunity shields state officials from liability “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v.

Catrina Johnson v. City of Minneapolis

901 F.3d 963 · Court of Appeals for the Eighth Circuit · Aug 24, 2018

We first turn to the question of qualified immunity. … -11- so the district court did not address the clearly established prong of the qualified immunity test.

Michael M. Gorman v. Renault Robinson, George C. Cramer, and William T. Salem

977 F.2d 350 · Court of Appeals for the Seventh Circuit · Oct 9, 1992

In a motion for summary judgment, the defendants argued that the doctrine of qualified immunity shielded them from suit. … The Supreme Court has made clear that qualified immunity is an immunity from suit rather than a defense to liability. Mitchell v. Forsyth, 472 U.S. 511, 529 , 105 S.Ct. 2806, 2817 , 86 L.Ed.2d 411 (1985).

Entergy, Arkansas, Inc. v. Nebraska

241 F.3d 979 · Court of Appeals for the Eighth Circuit · Mar 8, 2001

a claim upon which relief can be granted. 1 The Generators and USE respond that qualified immunity is not available to the officials in their individual capacities because clearly established federal law was violated, that … Qualified immunity shields state officials performing discretionary functions from liability if “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have

Morrison-Tiffin v. Hampton

117 N.C. App. 494 · Court of Appeals of North Carolina · Jan 3, 1995

The individual defendants have asserted the defense of qualified immunity. A. Equal Protection 1. … The test for qualified immunity was set forth in Harlow v. Fitzgerald, 457 U.S. 800, 818 , 73 L.

Logiodice v. Trustees of Maine Central Institute

135 F. Supp. 2d 199 · District Court, D. Maine · Mar 5, 2001

to dismissal based on qualified immunity. … are entitled to qualified immunity.

Robinson v. Cook

863 F. Supp. 2d 49 · District Court, D. Massachusetts · Mar 21, 2012

“[T]he second, ‘clearly established,’ step of the qualified immunity analysis ... in turn, has two aspects.” Maldonado v. Fontanes, 568 F.3d 263, 269 (1st Cir.2009). … Whether the Constitutional Right was Clearly Established The defendants argue that even if Mario’s constitutional rights were violated, they are entitled to qualified immunity because that right was not clearly established

Greene 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).

Patel v. Hall

849 F.3d 970 · Court of Appeals for the Tenth Circuit · Mar 1, 2017

Defendants assert qualified immunity as a defense to these claims, so the burden shifts to Plaintiff to establish both that the defendants violated a constitutional right and that the right was clearly established at the … We must not “define clearly established law at a high level of generality” because “[t]he dispositive question is ‘whether the violative nature of particular conduct is clearly established.’” Id.

Ecclesiastical Washington v. Larry Denney

900 F.3d 549 · Court of Appeals for the Eighth Circuit · Aug 13, 2018

The officials appeal, arguing that (1) Washington failed to offer sufficient evidence to prove that they violated his clearly established Eighth Amendment rights and, therefore, they are entitled to qualified immunity; and … Discussion The corrections officials appeal, arguing that (1) they are entitled to qualified immunity because Washington failed to offer sufficient evidence to prove that they violated his clearly established Eighth

Burdette v. Panola County ex rel. Darby

53 F. Supp. 3d 923 · District Court, N.D. Mississippi · Oct 20, 2014

Qualifíed Immunity Qualified immunity shields a governmental official from suit based on the performance of discretionary functions if the official’s acts did not violate clearly established constitutional or statutory law … If the plaintiff fails to state a constitutional claim or if the defendant’s conduct was objectively reasonable under clearly established law, then the governmental official is entitled to qualified immunity. Id. A.

Horwitz v. State Board of Medical Examiners of State of Colorado

822 F.2d 1508 · Court of Appeals for the Tenth Circuit · Jul 7, 1987

or qualified immunity. … Horwitz's license and refused to reinstate it until May 1, 1984, they did not violate a clearly established constitutional right of due process. Dr.

Rafael Navarro v. Sherman Block

250 F.3d 729 · Court of Appeals for the Ninth Circuit · May 11, 2001

After reviewing the legal standards for qualified immunity, the court held: 9 [T]he law is not clearly established that a policy of indemnifying punitive damage awards violates constitutional rights . . . . … Though much of the analysis under qualified immunity and the merits of a §§ 1983 claim overlaps, the issue of whether a right is "clearly established " is relevant only to qualified immunity. 11 Regardless, the explicit holding

Lightner v. Tremont Auto Auction, Inc.

564 F. Supp. 1112 · District Court, N.D. Illinois · Apr 22, 1983

The Court in Butz established a qualified immunity for government officials performing discretionary functions. Id. at 504, 98 S.Ct. at 2909. … Lash, 687 F.2d 996, 1007 (7th Cir.1982) (question of fact whether defendant officials should reasonably have known that their conduct would violate clearly established constitutional norms).

Bloom v. Miami-Dade County

816 F. Supp. 2d 1265 · District Court, S.D. Florida · Sep 16, 2011

Qualified immunity protects government officials performing discretionary functions from suits in their individual capacities unless their conduct violates clearly established statutory or constitutional rights of which a … ’s actions violate clearly established law.”

ESTATE OF CASSARA BY CASSARA v. State of Ill.

853 F. Supp. 273 · District Court, N.D. Illinois · May 19, 1994

In order to penetrate defendants’ shield of qualified immunity as government officials performing discretionary functions, plaintiff bears the burden of demonstrating that the defendants’ conduct violated clearly established … established and the state officials’ actions clearly illegal.

Bull v. City and County of San Francisco

539 F.3d 1193 · Court of Appeals for the Ninth Circuit · Aug 22, 2008

Defendants now appeal *1196 the district court’s denial of qualified immunity for Sheriff Hennessey. 5 II We review de novo a district court’s decision to grant summary judgment on the ground of qualified immunity. … court’s denial of qualified immunity.

Opinion No.

Arkansas Attorney General Reports · Oct 21, 2005

In federal court, the county may be able to claim "qualified immunity." … Qualified immunity applies to the actions of individual officers and employees who undertook the performance of their governmental duties in good faith and whose actions did not violate a clearly established constitutional

Julie Ann Hamstead v. Matthew Harvey, individually and as Prosecuting Attorney for Jefferson County, West Virgina, and the Jefferson County Commission, a corporate body

West 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