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District Court, S.D. New York · Feb 19, 2025
While Defendant Rezak raises a qualified immunity defense in his support brief, courts in this Circuit have long held that qualified immunity “turns on factual questions that cannot be resolved at [the motion to dismiss … Supp. 2d 659, 666 (S.D.N.Y. 2004) (“[r]esolution of qualified immunity depends on the determination of certain factual questions that cannot be answered at this stage of the litigation.” Denton v.
Cited 0 timesUnknown92 Mass. App. Ct. 1122 · Massachusetts Appeals Court · Jan 19, 2018
The doctrine of qualified immunity under 42 U.S.C. § 1983 (2012), applies equally to MCRA claims, Duarte v. … As a matter of law then, the judge properly concluded that the defendant was entitled to qualified immunity under the MCRA. Judgment affirmed .
Cited 0 timesPublishedMarcus Torry v. City of Chicago
932 F.3d 579 · Court of Appeals for the Seventh Circuit · Aug 2, 2019
In any event, the court said, the officers were entitled to qualified immunity because the stop did not violate clearly established law. … Qualified immunity protects government officials from li- ability for civil damages as long as their actions do not violate “clearly established statutory or constitutional rights of which a reasonable person would have known
Cited 64 timesPublished27 F.3d 1002 · Court of Appeals for the Fourth Circuit · Jun 30, 1994
Rizzo, supra, is our leading case addressing the issue of qualified immunity in the excessive force context. … Simply put, under Virginia law, sovereign immunity is not available to a defendant whose culpability extends beyond mere negligence. *1009 Sovereign immunity, like qualified immunity, is only available to public officials
Cited 117 timesPublishedAnn deWet v. G. Russell Rollyson, Jr.
Court of Appeals for the Fourth Circuit · Oct 2, 2025
Qualified immunity “shields public officials from civil liability [under § 1983] unless they violated a statutory or constitutional right that was clearly established at the time of the challenged conduct … For starters, “unpublished opinions [of this court] ‘cannot be considered in deciding whether particular conduct violated clearly established law for purposes of adjudging entitlement to qualified immunity
Cited 0 timesPublished180 F.3d 1185 · Court of Appeals for the Tenth Circuit · Jun 15, 1999
LaFaver contends the law did not clearly establish that the First Amendment protected Mr. Prager’s speech. Pickering v. … We turn to the question of whether this law was clearly established when Mr. LaFaver acted against Mr. Prager.
Cited 144 timesPublishedMary Elizabeth Dunn v. Mike Denk, Cross-Appellee
79 F.3d 401 · Court of Appeals for the Fifth Circuit · Mar 19, 1996
The question before us is whether Denk was entitled to qualified immunity as a matter of law. We begin by determining whether Dunn alleged the violation of a clearly established constitutional right. … arrestee] are clearly established or not,” Dunn v.
Cited 55 timesPublished852 F.3d 786 · Court of Appeals for the Eighth Circuit · Mar 28, 2017
The district court determined that Thompson’s claimed First Amendment right was not clearly established under the Pickering–Connick test, granted qualified immunity to Sheriff Shock in his individual capacity, and dismissed … Qualified Immunity Qualified immunity shields a government official acting in his individual capacity from liability “unless his conduct violates ‘clearly established statutory or constitutional rights of which a reasonable
Cited 32 timesPublished774 F.2d 716 · Court of Appeals for the Sixth Circuit · Oct 11, 1985
If the law which the defendant is alleged to have violated is clearly established, then the qualified immunity defense should fail and discovery should proceed. … We also, however, find no reason to disturb the verdict that the officers were entitled to qualified immunity because they did not violate a clearly established federal rule by arresting Donta on the basis of the teletype
Cited 64 timesPublished595 F. App'x 627 · Court of Appeals for the Seventh Circuit · Dec 23, 2014
Chal-strom has taken an interlocutory appeal, contending that he deserves qualified immunity. … Then the purely legal question for the court would be simply whether Chastrom walked on Davis’s curtilage in a way that violated clearly established law.
Cited 1 timesPublishedBowman v. Alabama Department of Human Resources
857 F. Supp. 1524 · District Court, M.D. Alabama · Jun 20, 1994
An official is entitled to qualified immunity unless the conduct “violate[s] clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … A plaintiff who seeks damages ... may overcome the defendant official’s qualified immunity only by showing that those [constitutional or statutory] rights were clearly established.” Elder v.
Cited 8 timesPublished726 F.3d 631 · Court of Appeals for the Fifth Circuit · Aug 8, 2013
Qualified Immunity “The doctrine of qualified immunity protects government officials from civil damages liability when their actions could reasonably have been believed to be legal.” Morgan v. … Therefore, a plaintiff seeking to overcome qualified immunity must show: “(1) that the official violated a statutory or constitutional right, and (2) that the right was ‘clearly established’ at the time of the challenged
Cited 590 timesPublishedRafael L. Balaguer-Santiago v. Hon. Jaime Torres-Gaztambide, Etc.
932 F.2d 1015 · Court of Appeals for the First Circuit · May 14, 1991
The defendants, upper-level RHA officials, filed a motion for partial summary judgment on the ground of qualified immunity, see Harlow v. … The doctrine of qualified immunity shields certain public officials from personal liability for damages awarded in actions under 42 U.S.C. § 1983 , except where the challenged official conduct violated a “clearly established
Cited 4 timesPublished548 F. Supp. 2d 767 · District Court, N.D. California · Mar 10, 2008
Qualified Immunity. … The defense of qualified immunity protects “government officials ... from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable
Cited 16 timesPublished328 F. Supp. 2d 303 · District Court, N.D. New York · Jul 30, 2004
The qualified immunity doctrine insulates a governmental official performing discretionary functions from liability so long as his “conduct does not violate clearly established statutory or constitutional rights of which … were ‘clearly established’ at the time it was taken.”
Cited 1 timesPublishedSophia Wilansky v. Morton County, North Dakota
Court of Appeals for the Eighth Circuit · Jun 24, 2026
To overcome qualified immunity, Wilansky must point to law clearly establishing that Officer Moll seized her. Keup, -7- 159 F.4th at 538. … But because qualified immunity is at issue, she has to show that violation was clearly established. See, e.g., Webster v. St.
Cited 0 timesPublishedWilkerson v. University of North Texas Ex Rel. Board of Regents
878 F.3d 147 · Court of Appeals for the Fifth Circuit · Dec 20, 2017
In turn, the doctrine of qualified immunity guards officials from civil li- ability “so long as their conduct ‘does not violate clearly established statutory or constitutional rights of which a reasonable person would have … Clearly established law prob- ably foreclosed, not welcomed, Wilkerson’s due process claim. 10 We therefore reverse and render qualified immunity to the administra- tors on the § 1983 claim. Accord King v.
Cited 32 timesPublished3 F.4th 152 · Court of Appeals for the Fifth Circuit · Jun 29, 2021
right was clearly established at the time of their conduct. … Qualified immunity yields only where an official violates “clearly established law,” meaning binding authority “that defines the contours of the right in question with a high degree of particularity.” Morgan v.
Cited 4 timesPublishedHenderson v. City of Philadelphia
853 F. Supp. 2d 514 · District Court, E.D. Pennsylvania · Mar 30, 2012
Qualified Immunity Defense counsel argues that Gress is entitled to qualified immunity. … Clearly, his actions were not objectively reasonable and were not done in good faith. Counsel has not provided any other reason why Gress would be entitled to qualified immunity.
Cited 33 timesPublishedConstance Westfall v. Jose Luna
903 F.3d 534 · Court of Appeals for the Fifth Circuit · Sep 13, 2018
As is well-established, “qualified immunity means immunity from having to stand trial, not simply immunity from monetary liability.” Id. … “[I]t is clearly established that ‘a consent which waives Fourth Amendment rights may be limited, qualified, or withdrawn.’” Gates v. Tex.
Cited 269 timesPublished
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