Case law

Potter v. City of Hanceville (In Re Potter)

354 B.R. 301 · United States Bankruptcy Court, N.D. Alabama · Nov 6, 2006

A plaintiff can overcome qualified immunity by a showing that (1) the defendant violated a statutory or constitutional right, and (2) this right was clearly established at the time of the alleged violation. … While there may have been a violation of a constitutional or statutory right of the plaintiff, the defendants would still be entitled to summary judgment as to qualified immunity if this right were not clearly established

Davis v. Billington

775 F. Supp. 2d 23 · District Court, District of Columbia · Mar 30, 2011

Qualified Immunity As noted previously in this Memorandum Opinion, the doctrine of qualified immunity protects government officials from liability for civil damages when their conduct does not violate clearly established … Therefore, because the plaintiff alleges in his Complaint the violation of a clearly established constitutional right, defendant Mulhollan’s motion to dismiss on qualified immunity grounds must be denied. 2.

Perez v. Duran

962 F. Supp. 2d 533 · District Court, S.D. New York · Jul 3, 2013

However, to find a right clearly established for purposes of qualified immunity “do[es] not require a case directly on point, but existing precedent must have placed the ... constitutional question beyond debate.” … If a right is clearly established, an officer will still be entitled to qualified immunity if the officer’s “actions were not objectively unreasonable at the time they were taken.” Lee v.

Smith v. Norton Hospitals, Inc.

488 S.W.3d 23 · Court of Appeals of Kentucky · Mar 4, 2016

immunity. … established under the law.

Arrington v. Dickerson

915 F. Supp. 1516 · District Court, M.D. Alabama · Jan 31, 1996

The court also reserved ruling on the qualified immunity issue. … Instead, the question in this case, as in all qualified immunity cases, is fact specific: in May 1991, was it clearly established in this circuit that it was unconstitutional for a mental institution to fail to supervise

Hernandez v. Parker

508 P.3d 947 · New Mexico Court of Appeals · Feb 1, 2022

Sheriff Parker asserted qualified immunity as a defense to Plaintiff’s § 1983 claims. … Defendants’ invocation of qualified immunity shifted the “heavy burden” to Plaintiff to establish that (1) the facts demonstrated a violation of a constitutional right, and (2) the right at issue was clearly established at

Pitchford v. Borough of Munhall

631 F. Supp. 2d 636 · District Court, W.D. Pennsylvania · Nov 13, 2007

In order for a federally protected right to be “clearly established” for the purpose of a qualified immunity inquiry, “[t]he contours of the right must be sufficiently clear that a reasonable official would understand that … Pitchford’s “asserted right” is clearly established.

Kastritis v. City of Daytona Beach Shores

835 F. Supp. 2d 1200 · District Court, M.D. Florida · May 18, 2011

Qualified immunity applies so long as the officer’s conduct “does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Grider v. … The officer is entitled to qualified immunity if the plaintiff fails to prove (a) that the officer violated the plaintiffs constitutional rights, and (b) that the right was clearly established.

Flynn v. Burns

289 F. Supp. 3d 948 · District Court, E.D. Wisconsin · Jan 29, 2018

do not violate clearly established constitutional or statutory rights. … Once a defendant asserts a qualified immunity defense, the plaintiff has the burden to establish that the defendant's action violated a clearly established right. Estate of Escobedo v.

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.

Smith v. Arkansas Department of Correction

103 F.3d 637 · Court of Appeals for the Eighth Circuit · Dec 18, 1996

some cases, the defendant) support a claim of violation of clearly established law.'" … of whether the alleged facts support a violation of clearly established law.

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.

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

City of Houston v. Daniels

66 S.W.3d 420 · Texas Court of Appeals, 14th District (Houston) · Feb 21, 2002

Sovereign immunity protects governmental entities from liability whereas official, or qualified, immunity protects individual governmental employees. DeWitt v. Harris County, 904 S.W.2d 650, 653 (Tex.1995). … However, section 51.014(5) of the Texas Civil Practice and Remedies Code provides that the denial of a motion for summary judgment may be appealed if it is based on an assertion of qualified immunity. City of Houston v.

Kevin Holcomb v. Mark Lykens, Sean Smith, Joanne Pereria and John Gorczyk

337 F.3d 217 · Court of Appeals for the Second Circuit · Jul 23, 2003

“In general, public officials are entitled to qualified immunity if (1) their conduct does not violate clearly established constitutional rights, or (2) it was objectively reasonable for them to believe their acts did not … In order to defeat the defendants’ qualified immunity defense, then, Holcomb must allege a deprivation of an actual constitutional right clearly established at the time of the events in issue.

Mucker v. Brown

462 S.W.3d 719 · Court of Appeals of Kentucky · May 15, 2015

The teacher was not entitled to qualified official immunity. Id. … Mucker is not entitled to qualified official immunity.

Horlock v. Georgia Department of Human Resources

890 F.2d 388 · Court of Appeals for the Eleventh Circuit · Dec 13, 1989

immunity from damages because defendants’ actions allegedly did not violate any “clearly established” right of plaintiff, as required in order to avoid the qualified immunity of public officials to such suits. … Horlock had no property interest, the defendants did not violate a “clearly established right” and thus were entitled to qualified immunity on the section 1983 due process claim.

Courtney Saunders v. Kyle Thies

38 F.4th 701 · Court of Appeals for the Eighth Circuit · Jun 29, 2022

The district court resolved the officers’ entitlement to qualified immunity on the clearly established prong, concluding that it was not clearly established that the -12- failure … The district court thus resolved this claim on the clearly established prong of the qualified immunity analysis rather than the constitutional violation prong.

James T. Giovanetti, D.D.S. And Patricia Ann Giovanetti v. Nicholas J. Tomasi, D.D.S. Wally McLaughlin Robert L. Schroeder, D.D.S. And Omar Whisman

25 F.3d 1048 · Court of Appeals for the Sixth Circuit · May 19, 1994

The District Court granted defendants' motion to dismiss for failure to state a claim for the reason that defendants were entitled to qualified immunity. … II. 4 It is well established that "[g]overnment officials performing discretionary functions are afforded qualified immunity, shielding them from civil damages, as long as their conduct 'does not violate clearly established

Huddleston v. Maurry

841 S.W.2d 24 · Texas Court of Appeals, 5th District (Dallas) · Sep 2, 1992

To establish the affirmative defense of qualified immunity, a movant must show that: 1. he pleaded qualified immunity as an affirmative defense; 2. his position with the government enjoys a quasi-judicial status; 3. he was … In responding to an emergency they still were required to obey the safety standards established in article 6701d. We conclude that the officers have not established, as a matter of law, a basis for qualified immunity.