Case law

Mara v. Rilling

921 F.3d 48 · Court of Appeals for the Second Circuit · Apr 9, 2019

But  even  if  the  answer  is  yes,  or  not  definitively  no,  a  defendant  may  still  be  entitled  to  qualified  immunity  if  the  right  was  not  clearly  established  at  the  time  of  his  challenged actions … The district court still needed to address the second qualified  immunity  inquiry,  i.e.,  whether  the  rights  at  issue  were  clearly  established  in  the  context  presented,  such  that  every  reasonable  officer

Williams v. Kaufman County

352 F.3d 994 · Court of Appeals for the Fifth Circuit · Sep 8, 2003

Qualified Immunity Standard To prevail in a § 1983 suit, a plaintiff must overcome an officer’s defense of qualified immunity. Last term, in Hope v. … Whether the law was “clearly established” Although we hold today that the prolonged detention of plaintiffs was unlawful, we nonetheless agree with the district court that qualified immunity shields

Eastburn v. Regional Fire Protection Authority

7 Cal. Rptr. 3d 552 · California Supreme Court · Dec 18, 2003

In our view, Zepeda correctly held that the section indeed applies, and provides a qualified or limited immunity to such persons. … shielded by the qualified immunity of Health and Safety Code section 1799.107.

Williams v. Goldsmith

4 F. Supp. 2d 1112 · District Court, M.D. Alabama · Apr 29, 1998

The Clearly Established Law. In Jenkins v. … immunity, which turns on whether the officer violated clearly established law.

Lazoda v. Maggy

900 F. Supp. 596 · District Court, N.D. New York · Oct 2, 1995

Qualified Immunity Principles Defendants have steadfastly asserted from the outset of the instant case that they enjoy qualified immunity from suit. … were then clearly established.” van Emrik v.

Rodriguez v. Lockheed Martin Corp.

627 F.3d 1259 · Court of Appeals for the Ninth Circuit · Nov 30, 2010

We have accepted interlocutory appeals under the collateral order doctrine where the issue is a sovereign’s absolute immunity from suit and where qualified immunity is at issue. See, e.g., Paine v. … Con- sistent with our prior decisions, we hold that the government contractor defense does not confer absolute or qualified immunity.

Jackson v. City of Bremerton

268 F.3d 646 · Court of Appeals for the Ninth Circuit · Oct 5, 2001

The defense of qualified immunity, however, protects § 1983 defendants from liability for civil damages when performing discretionary functions, unless such conduct violates a clearly established constitutional or statutory … In considering the merits of a qualified immunity defense in excessive force cases, courts previously considered whether the right was clearly established and, if so, whether, in light of such clearly established law, a reasonable

Davdrin Goffin v. Robbie Ashcraft

957 F.3d 858 · Court of Appeals for the Eighth Circuit · Apr 24, 2020

Officer Ashcraft is entitled to qualified immunity if her conduct did not “violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … Police officers are not entitled to qualified immunity if “(1) they violated a federal statutory or constitutional right, and (2) the unlawfulness of their conduct was clearly established at the time.”

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).

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.

Pike v. Budd

133 F.4th 74 · Court of Appeals for the First Circuit · Mar 28, 2025

Pike filed a § 1983 action against Budd, which the district court dismissed, finding that Budd was entitled to qualified immunity because case law did not clearly establish that Budd would violate the Equal Protection … Qualified Immunity Qualified immunity protects reasonable government officials from civil liability when their conduct does not violate clearly established constitutional or statutory rights.

Eaton v. Estabrook

District Court, D. Connecticut · Jan 26, 2023

By requiring the law to be clearly established to a particularized degree, qualified immunity “protects all but the plainly incompetent or those who knowingly violate the law.” … Relevant to the second question, “even where the law is ‘clearly established’ and the scope of an official’s permissible conduct is ‘clearly defined,’ the qualified immunity defense also protects an official if it was ‘

Porter v. Ascension Parish School Board

393 F.3d 608 · Court of Appeals for the Fifth Circuit · Dec 10, 2004

challenged state action was unconstitutional.”13 Even if we find that the right was clearly established at the time of the alleged violation, however, a defendant will still be entitled to qualified immunity if … Creighton, 483 U.S. 635, 640 (1987); Barrow, 332 F.3d at 846 (second question in qualified immunity analysis is whether the “constitutional right was clearly established when the violation supposedly occured”). 13

Brandee Buschmann v. Kansas City Police Department

76 F.4th 1081 · Court of Appeals for the Eighth Circuit · Aug 10, 2023

The court ruled that Beck was entitled to qualified immunity, and dismissed the claim against the Board on the ground that no individual officer was liable. … Qualified immunity shields a police officer from suit unless his conduct violated a clearly established right of the plaintiff. See Harlow v.

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

Creighton v. Anderson

724 F. Supp. 654 · District Court, D. Minnesota · Jul 14, 1989

Qualified immunity is designed to protect from liability government officials who perform discretionary functions "if their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … First, a government official is immune from liability unless the constitutional right which has *658 allegedly been violated was "clearly established." Id.

Breeden v. University of Mississippi Medical Center

241 F. Supp. 2d 668 · District Court, S.D. Mississippi · Sep 5, 2001

Under “qualified immunity,” government officials are not subject to liability for the performance of their discretionary actions unless their conduct violates clearly established statutory or constitutional rights of which … The test for qualified immunity is understandably twofold. First, the court must determine whether the conduct alleged would have deprived a § 1983 plaintiff of a “clearly established” constitutional or statutory right.

Thompson v. City of Minneapolis

707 N.W.2d 669 · Supreme Court of Minnesota · Jan 10, 2006

Rather, the specific conduct challenged was the ministerial decision of whether to instruct the student to make rip cuts with the blade guard disengaged as clearly dictated by an established protocol. Id. at 656-57 . … Anderson, the Eighth Circuit stated that, in the context of qualified immunity, a case should be submitted to the jury when the facts giving rise to the applicability of qualified immunity were disputed.

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).

Ngo v. Storlie

495 F.3d 597 · Court of Appeals for the Eighth Circuit · Jul 26, 2007

actions were objectively reasonable in light of clearly established law. … Here, we must ask whether Ngo’s right to be free from excessive force is clearly established.