Case law

Gullatte v. Potts

654 F.2d 1007 · Court of Appeals for the Fifth Circuit · Aug 31, 1981

of the qualified immunity. 590 F.2d at 110 . … qualified immunity as an affirmative defense to the action.

McCoy v. City of Columbia

929 F. Supp. 2d 541 · District Court, D. South Carolina · Mar 11, 2013

On appeal, the officers argued that, under Reichle , the passenger’s First Amendment rights were not clearly established and they were entitled to qualified immunity. Id. at 391-92. … In the second prong of the qualified immunity analysis, the court asks whether the right at issue was clearly established at the time of McCoy’s arrest. See Pear *562 son, 555 U.S. at 232 , 129 S.Ct. 808 .

Sharp v. Kelsey

918 F. Supp. 1115 · District Court, W.D. Michigan · Mar 13, 1996

Qualified Immunity With regard to the manner of handling Ms. Sharp, defendants claim they are entitled to qualified immunity. … In the Sixth Circuit, “when a defendant moves for summary judgment based on qualified immunity, the plaintiff must: 1) identify a clearly established right alleged to have been violated; and 2) establish that a reasonable

Johnson v. Outboard Marine Corp.

172 F.3d 531 · Court of Appeals for the Eighth Circuit · Mar 24, 1999

The court similarly found that the private defendants were also entitled to qualified immunity and dismissed them from the suit. Rumery and Johnson appeal, contesting the court's findings of qualified immunity. II. … We find the issue of qualified immunity is misplaced for two reasons.

Students for Life USA v. Waldrop

90 F. Supp. 3d 1265 · District Court, S.D. Alabama · Feb 4, 2015

Qualified Immunity. … Certainly Bloedom does not clearly establish for purposes of qualified immunity analysis the proposition for which the plaintiff contends.

Karen Kelly Austin, Individually and as Natural Tutrix of Minors, Renee Chevelle Henry and Raenell Lynn Henry v. Ronald Borel and Janenne Trahan

830 F.2d 1356 · Court of Appeals for the Fifth Circuit · Dec 21, 1987

Qualified immunity shields only that conduct not violative of clearly established constitutional rights of which a reasonable person would have known. 14 Absolute immunity, in contrast, precludes any action for damages, so … established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery.

Danny M. Bennett v. Dennis Lee Hendrix

423 F.3d 1247 · Court of Appeals for the Eleventh Circuit · Sep 9, 2005

DISCUSSION Our procedure in assessing qualified immunity is well-established. … Clearly Established Law The final step in the qualified immunity inquiry is determining whether the law was clearly established so as to put the defendants on notice that their behavior violated the plaintiffs’

Wayne Ernest Barker v. Ben Norman and Jack Ballas

651 F.2d 1107 · Court of Appeals for the Fifth Circuit · Jul 30, 1981

qualified immunity defenses. … The Scope of the Qualified Immunity-Defenses 1.

Trammell v. Wright

489 S.W.3d 636 · Supreme Court of Arkansas · Apr 7, 2016

For example, “qualified immunity” is defined as the “[a]ffirmative defense which shields public officials performing discretionary functions from civil damages if their conduct does not violate clearly established statutory … A motion for summary judgment based on qualified immunity is precluded only when the plaintiff has asserted a constitutional violation, demonstrated that the constitutional right is clearly established, and raised a genuine

Bryan Santini v. Joseph Fuentes

795 F.3d 410 · Court of Appeals for the Third Circuit · Aug 4, 2015

Background: Qualified Immunity Santini argues on appeal that the District Court erred in finding that the Trooper Defendants were entitled to qualified immunity with respect to his federal claims. … The doctrine of qualified immunity shields government officials who perform discretionary functions “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional

Walter v. County of San Diego

District Court, S.D. California · Nov 30, 2020

A public official is entitled to qualified immunity “unless the official’s 12 conduct violated a clearly established constitutional right. [Citation omitted.]” Id. at 232. 13 In Saucier v. … Because the law was clearly 7 established, Defendants are not entitled to qualified immunity on this claim. 8 9 D.

Matthews v. ALABAMA AGR. AND MECHANICAL UNIV.

787 So. 2d 691 · Supreme Court of Alabama · May 26, 2000

Matthews alleges that the university employees violated "clearly established Constitutional and statutory rights," that they "exceed[ed] the scope of their statutory and administrative authority," and that they acted willfully … or to qualified/substantive/ discretionary-function immunity.

Perez v. School Board

917 F. Supp. 2d 1261 · District Court, S.D. Florida · Jan 17, 2013

Furthermore, because the Defendants have raised qualified immunity as a defense, Plaintiff must allege that the officers violated a clearly-established right. Williams, 102 F.3d at 1182 . … When qualified immunity is raised, Plaintiff must plead facts showing that, at the time of the beating the law clearly established that the force used by the officers was excessive.

Daniel Scott v. Mary Benson

742 F.3d 335 · Court of Appeals for the Eighth Circuit · Feb 4, 2014

To determine whether qualified immunity applies, we ask “(1) whether the facts alleged or shown, construed in the light most favorable to [Scott], establish a violation of a constitutional or statutory right,” and “(2) whether … that constitutional right was clearly established as of [the time of the relevant conduct], such that a reasonable official would have known that [her] actions were unlawful.”

Harvey Pelfrey v. The Estate of Steven Dewey McDowell, by and Through Brenda Roberts, as Administratrix

Court of Appeals of Kentucky · May 29, 2026

Mattingly defended in part based on qualified official immunity. … As such, Mattingly was not entitled to qualified official immunity.

Steele v. Department of Corrections

215 Mich. App. 710 · Michigan Court of Appeals · Apr 29, 1996

Consequently, Stone was entitled to qualified immunity under Ross v Consumers Power Co (On Rehearing), 420 Mich 567, 592 ; 363 NW2d 641 (1984). 3 Furthermore, plaintiff’s claim under 42 USC 1983 fails because he has *717 … not established deliberate indifference on Stone’s part.

J. Chris Lane v. Kentucky Department of Corrections

Court of Appeals of Kentucky · Sep 19, 2025

Qualified Immunity. … first addressing the Appellees’ qualified immunity arguments.

Akers v. Caperton

797 F. Supp. 514 · District Court, S.D. West Virginia · Jul 30, 1992

Qualified Immunity The Defendants Gaston Caperton, Kenneth Dunn and Art Gleason assert the defense of qualified immunity. … Defendants assert an entitlement to qualified immunity since they were acting pursuant to statutory authority and they further allege that their conduct did not violate the Plaintiffs’ clearly established statutory or constitutional

A.M. ex rel. Law v. Grant

889 F. Supp. 1495 · District Court, M.D. Alabama · Jun 21, 1995

Under this test, public officials performing discretionary functions which would objectively appear to be within the official’s authority have qualified immunity if their challenged conduct did not violate a clearly established … The Eleventh Circuit recently explained that [flor the law to be clearly established to the point that qualified immunity does not apply, the law must have earlier been developed in such a concrete and factually defined context

Shaboon v. Duncan

252 F.3d 722 · Court of Appeals for the Fifth Circuit · Jun 12, 2001

rules that were ‘clearly established’ at the time it was taken.” … Further, these violations might be found to be so “clearly established” as to overcome Duncan’s qualified immunity defense.