Case law

Salter v. Meta Platforms, Inc.

2025 NY Slip Op 04384 · Appellate Division of the Supreme Court of the State of New York · Jul 25, 2025

We reject MEAN's contention that the phrase "manufacturer or seller of a qualified product" in section 7903 (5) (A) should be read to divorce "manufacturer" from "qualified product" and grant immunity to any manufacturer … As a result, we conclude that MEAN established that it is "engaged in the business" of manufacturing a qualified product under the PLCAA by establishing that it "devotes time, attention, and labor to manufacturing [its qualified

Ciampi v. City of Palo Alto

790 F. Supp. 2d 1077 · District Court, N.D. California · May 11, 2011

Qualified Immunity Doctrine The doctrine of qualified immunity protects government officials “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights … The immunity inquiry, on the other hand, asks whether the right Plaintiff claims was clearly established. Id.

Graham v. Gray

827 F.2d 679 · Court of Appeals for the Tenth Circuit · Sep 1, 1987

established law." … issue to the district court in one of his motions for dismissal and appealed the denial of that motion, we might have held in his favor: "Unless the plaintiff's allegations state a claim of violation of clearly established

Hines v. French

157 Md. App. 536 · Court of Special Appeals of Maryland · Jul 2, 2004

Because of these considerations, immunity is granted to officers who act reasonably, albeit mistakenly, in light of clearly established law and the information they possessed without the benefit of hindsight. … Rather, the question is whether, confronted with the facts of this case, reasonable police officers should have known that clearly established constitutional law prohibited the methods used in the search.

McIntosh v. Weinberger

617 F. Supp. 107 · District Court, E.D. Missouri · May 24, 1984

from suit under the doctrine of qualified immunity. … Assuming arguendo, that the law was not clearly established at the time the results of the reconstruction panel were destroyed, defendant Turner’s defense of qualified immunity should be sustained.

Masciotta v. Clarkstown Central School District

136 F. Supp. 3d 527 · District Court, S.D. New York · Sep 30, 2015

Qualified Immunity Qualified immunity shields & “government official ] from liability for civil damages insofar as [his or her] conduct does not violate clearly established statutory or constitutional rights of which a reasonable … Because qualified immunity.

Rivas v. City of Passaic

365 F.3d 181 · Court of Appeals for the Third Circuit · Apr 26, 2004

a violation of a clearly established constitutional right.” … We note that Garcia and Rodriguez do not argue on appeal that they are entitled to qualified immunity because the law was not clearly established as of November 1998.

Ham v. Greene

248 Conn. 508 · Supreme Court of Connecticut · May 4, 1999

Thus, even where the law and the scope of permissible official conduct are clearly established, the defense of qualified immunity will protect a government official if it was objectively reasonable for him to believe his … New Haven, supra, 950 F.2d 870 , first concluded that the defendants were entitled to qualified immunity as a matter of law only if, on the facts found, their conduct *523 either did not violate “ ‘clearly established . .

Martin v. City of Oklahoma City

180 F. Supp. 3d 978 · District Court, W.D. Oklahoma · Apr 14, 2016

Plaintiffs Claim of Retaliatory Arrest The Officers contend they are entitled to qualified immunity from liability on Plaintiffs claim of retaliatory arrest because it was not clearly established in October 2011 that an individual … D.Plaintiff’s Claim of Conspiracy The Officers contend they are entitled to qualified immunity from liability on Plaintiffs conspiracy claim because it was not clearly established in October 2011 that an evidentiary cover-up

Cindy Abbott v. Sangamon County

705 F.3d 706 · Court of Appeals for the Seventh Circuit · Jan 29, 2013

Governmental actors performing discretionary func- tions are entitled to qualified immunity from suits for damages “insofar as their conduct does not violate clearly established statutory or constitutional rights of which … immunity on Travis’s excessive-force claim because he did not violate clearly established law.

Katie Kindl v. City of Berkley

798 F.3d 391 · Court of Appeals for the Sixth Circuit · Aug 18, 2015

Qualified immunity protects government officials sued under § 1983 from damages liability “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would … To qualify as clearly established, “‘[t]he contours of the right must be sufficiently clear that a reasonable official would understand that what he is doing violates that right.’” Brown v.

Lee v. Cline

149 Md. App. 38 · Court of Special Appeals of Maryland · Dec 26, 2002

In Lee’s case, the circumstances do not so clearly establish that there was a second stop. … The Qualified Immunity Debate At the summary judgment hearing, Lee’s attorney argued that, even if the evidence was insufficient to establish that Cline acted with malice, Lee must be allowed to proceed on his constitutional

Lanman v. Hinson

529 F.3d 673 · Court of Appeals for the Sixth Circuit · Jun 17, 2008

affirmative defense of qualified immunity. … Qualified immunity shields public officials who perform discretionary functions from tort liability, so long as their conduct does not violate clearly established rights viewed under the applicable constitutional standard

Jean v. Collins

107 F.3d 1111 · Court of Appeals for the Fourth Circuit · Mar 7, 1997

Ill A government official is entitled to qualified immunity from civil liability under § 1983 when his or her “conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would … B In deciding whether Shingleton and Collins are entitled to qualified immunity we must next determine whether the specific right infringed was clearly established in 1982. Pritchett v.

Romero v. City of Miami

8 F. Supp. 3d 1321 · District Court, N.D. Oklahoma · Mar 20, 2014

Qualified Immunity as to Defendant Anderson The Individual Defendants argue that City Attorney Anderson is entitled to qualified immunity. … Instead, they argue that Anderson is entitled to qualified immunity because there is no clearly established law which prohibits a city attorney from providing advice to a municipality regarding the legality of a random drug

Edwards v. Parish

District Court, D. South Carolina · Jun 8, 2022

Fitzgerald, 457 U.S. 800, 818 (1982) (Qualified immunity protects officials who “violate clearly established statutory or constitutional rights of which a reasonable person would have known.”). … Harris, 65 F.3d 347, 359–60 (4th Cir. 1995) (“If a plaintiff has alleged a clearly established right, summary judgment on qualified immunity grounds is improper as long as there remains any material factual dispute regarding

Kanciper v. Lato

989 F. Supp. 2d 216 · District Court, E.D. New York · Nov 7, 2013

If absolute immunity does not apply, government actors may be shielded from liability for civil damages by qualified immunity, i.e., if their “conduct did not violate plaintiffs clearly established rights, or if it would … Although qualified immunity typically is asserted by police officers, the qualified immunity standard of arguable probable cause also applies to prosecutors. See Murphy v.

Allen v. Thompson

14 F. Supp. 3d 885 · District Court, W.D. Kentucky · Apr 9, 2014

Because Brewer has offered sufficient evidence to indicate that Grace’s actions were objectively unreasonable in light of that clearly established right, Grace is not entitled to qualified immunity on Brewer’s unreasonable … Grace focuses his argument for qualified immunity on whether there was a clearly established First Amendment right to record police activity. This argument misses the point.

Gary Beavers v. James Edgerton

Court of Appeals for the Ninth Circuit · Jul 18, 2019

“the law regarding a prison guard’s use of excessive force was clearly established by 1994”); see also Blankenhorn v. … Regardless, it is “clearly established that the officers [may] not intentionally deny or delay access to medical care” to pretrial detainees. Clement v.

Daker v. Ferrero

506 F. Supp. 2d 1295 · District Court, N.D. Georgia · Aug 24, 2007

Qualified Immunity Qualified immunity provides “complete protection for government officials sued in their individual capacities if their conduct ‘does not violate clearly established statutory or constitutional rights of … As stated, in determining whether Defendants have qualified immunity, the Court determines (1) whether the plaintiffs allegations, if true, establish a constitutional violation, and (2) whether the right was “clearly established