Case law

Metro. Dade County v. Chase Fed. Housing

705 So. 2d 674 · District Court of Appeal of Florida · Jan 28, 1998

The legislature established a fund and procedures for carrying out the necessary remedial measures. … The language of the immunity sections, see supra notes 2 and 3, is also comprehensive as to the preclusion of administrative and judicial action against those who qualify.

McMORROW v. LITTLE

109 F.3d 432 · Court of Appeals for the Eighth Circuit · Mar 17, 1997

On appeal the officials argue that the law was not clearly established, that they are entitled to qualified immunity on this claim, and that McMorrow's claim must be dismissed. … immunity because it was not clearly established that their conduct was unconstitutional.

Ortega v. City of Kansas City, Kansas

659 F. Supp. 1201 · District Court, D. Kansas · Mar 18, 1987

Qualified Immunity. Defendants argue that the court erred in holding that the individual defendants were not entitled to the defense of qualified immunity. … We recognize that in the ordinary case, an official’s violation of clearly established state statutes does not deprive an official of qualified immunity. See Davis v.

Santana v. Calderon

188 F. Supp. 2d 160 · District Court, D. Puerto Rico · Feb 14, 2002

The general rule regarding qualified immunity is that government officials are immune from suit when their conduct does not violate clearly established statutory authority or constitutional rights, which a reasonable person … qualified immunity.

Wilson v. Poulos

697 F. Supp. 2d 1192 · District Court, S.D. California · Mar 2, 2010

Defendant Poulos’s entitlement to qualified immunity is clear under the second prong of the Katz test. 1 The “clearly established” inquiry requires the Court to look to the time of the events in question. … Since this right was not clearly established at the time of Plaintiffs incarceration, Defendant Poulos is entitled to qualified immunity.

Swofford v. Eslinger

671 F. Supp. 2d 1289 · District Court, M.D. Florida · Nov 30, 2009

Swofford’s rights were not clearly established at the time of the alleged violation. … Swofford’s rights were clearly established. 471 U.S. 1 , 105 S.Ct. 1694 (1985). Mr.

Murphy v. AA Mathews

841 S.W.2d 671 · Supreme Court of Missouri · Dec 18, 1992

Although the language of Cutler did not explicitly limit the immunity to defamation cases, later English cases clearly establish its narrow applicability. … If one of those two requirements were lacking, the witness only enjoyed a qualified or conditional privilege, which could be vitiated by establishing malice. Id., 61 S.W. at 796 .

Martinez-Baez v. Rey-Hernandez

394 F. Supp. 2d 428 · District Court, D. Puerto Rico · Jun 14, 2005

Healthy , qualified immunity, and Eleventh Amendment immunity. We discuss each. i. Mt. … The procedures regarding qualified immunity allow for judicial review, via certiorari, on the qualified immunity issue. Id. at 207, 121 S.Ct. 2151 .

Avery v. King

110 F.3d 12 · Court of Appeals for the Sixth Circuit · Apr 1, 1997

We disagree. 9 "Government officials performing discretionary functions are afforded qualified immunity, shielding them from civil damages, as long as their conduct 'does not violate clearly established statutory or constitutional … Therefore, Officer King was entitled to qualified immunity if " 'a reasonable officer could have believed [Avery's arrest] to be lawful, in light of clearly established law and the information the [arresting] officers possessed

Thomas v. Arnold

696 F. Supp. 2d 882 · District Court, N.D. Ohio · Mar 18, 2010

Defendants argue they are entitled to qualified immunity. … Crooks Johnson held that an officer’s statement that he observed the plaintiffs car cross the center line was sufficient to establish probable cause and qualified immunity.

Hickman v. Laskodi

45 F. App'x 451 · Court of Appeals for the Sixth Circuit · Aug 30, 2002

Laskodi contends that the doctrine of qualified immunity shields him from liability on Hickman’s claim. We review the district court’s denial of qualified immunity de novo. Blake v. … Under the doctrine of qualified immunity, government officials performing discretionary functions will not incur liability for civil damages “insofar as their conduct does not violate clearly established statutory or constitutional

Terrell v. Petrie

763 F. Supp. 1342 · District Court, E.D. Virginia · May 17, 1991

QUALIFIED IMMUNITY This issue is the crux of Defendants’ motion to dismiss. The central question is whether Plaintiff can prove a violation of clearly established constitutional rights if allowed to go to trial. … If the Defendants acted reasonably, even if erroneously, they are entitled to qualified immunity. 1 Plaintiff claims Defendants violated three clearly established constitutional rights. They are considered in turn: 1.

Stewart v. Beaufort County

481 F. Supp. 2d 483 · District Court, D. South Carolina · Feb 6, 2007

Is Deputy Calhoun Entitled to Qualified Immunity? … Under the doctrine of qualified immunity, law enforcement officers performing their discretionary duties “are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory

Mahoney v. Hankin

844 F.2d 64 · Court of Appeals for the Second Circuit · Apr 12, 1988

clearly established at the time of the conduct in issue." … The Mitchell court "emphasize[d] ... that the appealable issue is a purely legal one: whether the facts alleged ... support a claim of violation of clearly established law."

COM., TRANSP. CABINET, DEPT. HWYS v. Sexton

256 S.W.3d 29 · Kentucky Supreme Court · Jun 19, 2008

An agency’s “routine duties” will typically be established by statutes or regulations that very clearly and specifically set forth those actions that the agency must take. 5 For example, in Collins we found that mine site … Since this was clearly a discretionary act, the Commonwealth has not waived sovereign immunity for any alleged negligence in performing this act.

Montgomery v. Conrad

District Court, M.D. Tennessee · Oct 20, 2022

When qualified immunity is raised in a motion to dismiss, the plaintiff’s allegations must “plausibly mak[e] out a claim that the defendant's conduct violated a constitutional right that was clearly established law at … established prong of the qualified immunity defense.

Ervin v. James

874 S.W.2d 713 · Court of Appeals of Texas · Mar 10, 1994

Cronen seemed to dismiss, out-of-hand, the idea of proving qualified immunity by summary judgment proof. We believe that such an approach would render the qualified immunity defense illusory. … We conclude that Ervin and Lilley established their right to summary judgment as a matter of law on their affirmative defense of qualified official immunity.

Michael Jones v. City of St. Louis

104 F.4th 1043 · Court of Appeals for the Eighth Circuit · Jun 17, 2024

failing to respond to his requests to be released based on the court order deprived Davis of a clearly established liberty interest. 375 F.3d at 719. … qualified immunity claims.

Kathleen Benison v. George Ross

765 F.3d 649 · Court of Appeals for the Sixth Circuit · Sep 3, 2014

qualified immunity because those rights were not clearly established at the time the lawsuit was filed. 3 Qualified immunity shields government officials “from liability for civil damages insofar as their conduct does not … Therefore, if a defendant asserts qualified immunity, the plaintiff bears the burden of showing: (1) “a violation of a constitutional right” and (2) that “the right at issue was ‘clearly established’ at the time of [the]

Connor v. Foster

833 F. Supp. 727 · District Court, N.D. Illinois · Oct 1, 1993

Public officials are immune from liability for monetary damages under § 1983 if their conduct did not violate clearly established constitutional rights of which a reasonable person would have known. Harlow v. … Qualified immunity, of course, bars only Con-nor's claim for damages.