Case law

Fils v. City of Aventura

768 F. Supp. 2d 1188 · District Court, S.D. Florida · Aug 23, 2010

If he did, qualified immunity applies. … Thus, absent clearly established precedent condemning a factually similar type of arrest, a police officer can generally still claim qualified immunity based on arguable probable cause.

Henderson 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.

Ross v. State of Ala.

893 F. Supp. 1545 · District Court, M.D. Alabama · Jul 7, 1995

Under the qualified immunity defense, the defendants are immune from liability if [the plaintiff’s] complaint fails to state a violation of a "clearly established statutory or constitutional right[] of which a reasonable … The purpose of qualified immunity is to shield government officials performing discretionary functions from civil trials and liability if their conduct does not violate " 'clearly established statutory or constitutional rights

Joseph Walton, as Next Friend of Christopher Walton, a Minor v. Alma Alexander, Alma Alexander

44 F.3d 1297 · Court of Appeals for the Fifth Circuit · Feb 17, 1995

City of Houston, 14 F.3d 1056, 1060 (5th Cir.1994) (finding summary judgment proper on qualified immunity grounds when no constitutional infringement established); Quives v. … immunity from this lawsuit if the constitutional allegations were not clearly established law at the *1306 time of the sexual abuse.

Sears v. Bradley County Government

821 F. Supp. 2d 987 · District Court, E.D. Tennessee · Sep 26, 2011

Even if a government official deprives a plaintiff of a federal right, “qualified immunity will apply if an objective reasonable officer would not have understood, by referencing clearly established law, that his conduct … is entitled to qualified immunity.

Pearson v. City of Paris

839 F. Supp. 645 · District Court, W.D. Arkansas · Dec 2, 1993

Qualified Immunity- Defendant Ford’s final argument is that he is entitled to qualified immunity as a “government official performing discretionary functions.” … Once a court determines as a matter of law that a legal standard governing the governmental action at issue was clearly established, there' is no qualified immunity. Id.

Wagner v. Genesee County Board of Commissioners

607 F. Supp. 1158 · District Court, E.D. Michigan · Apr 23, 1985

However, the Supreme Court has concluded that an immunity that was “well established at common law at the time § 1983 was enacted and ... … here just because these officers’ immunity is absolute rather than qualified.

MONTEILH v. County of Los Angeles

820 F. Supp. 2d 1081 · District Court, C.D. California · Jul 12, 2011

Qualified Immunity Qualified immunity shields public officials sued in their individual capacity for monetary damages, unless their conduct violates “clearly established” law that a reasonable public officer would have known … “whether the right was clearly established.”

Lamle v. Eads

134 F.4th 562 · Court of Appeals for the Tenth Circuit · Apr 9, 2025

Eads urged dismissal based on qualified immunity. 2 To avoid dismissal, the applicants needed to allege facts that would plausibly show the violation of a clearly established right. Robbins v. Okla. ex rel. … Given the lack of a clearly established constitutional violation, Ms. Eads was entitled to qualified immunity.

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

Thomas v. Murray

107 F. Supp. 2d 748 · District Court, N.D. Texas · May 31, 2000

Murray contends that he is entitled to qualified immunity because his actions did not violate clearly established federal law. … clearly established in June 1996.

French v. City of Casey

361 F. Supp. 3d 1011 · District Court, D. Colorado · Jan 9, 2019

"When a defendant asserts qualified immunity at summary judgment, the burden shifts to the plaintiff to show that: (1) the defendant violated a constitutional right and (2) the constitutional right was clearly established … But the absence of such an opinion does not preclude a finding that the law was clearly established and so the officer is not entitled to qualified immunity. Id. at 1285 .

L.R. v. School District

60 F. Supp. 3d 584 · District Court, E.D. Pennsylvania · Nov 20, 2014

doctrine of qualified immunity. … The qualified immunity analysis involves two steps: “(1) whether the plaintiff alleged sufficient facts to establish the violation of a constitutional right, and (2) whether the right was ‘clearly established’ at the time

Miner v. Novotny

304 Md. 164 · Court of Appeals of Maryland · Oct 4, 1985

The privilege, and the resultant immunity enjoyed by the publisher, may be either absolute or qualified. As we explained in DiBlasio v. … immunity.”

Dingwell v. Cossette

327 F. Supp. 3d 462 · District Court, D. Connecticut · Jun 7, 2018

Qualified Immunity: Police Chief Cossette and Detective Williams Qualified immunity must be decided "at the earliest possible stage in litigation." Hunter v. … K-H Corp. , 968 F.2d 1489 , 1494 (2d Cir. 1992) ). *476 A defendant is entitled to qualified immunity when his conduct "does not violate clearly established statutory or constitutional rights of which a reasonable person

David v. Giurbino

488 F. Supp. 2d 1048 · District Court, S.D. California · Mar 16, 2007

“Clearly Established” Law The second prong of Saucier asks “whether the right was clearly established.” Saucier, 533 U.S. at 201, 121 S.Ct. 2151 . … Because Plaintiff has not shown the violation of a clearly established right under RLUIPA, Defendants are entitled to qualified immunity from Plaintiffs claims for damages.

Noelle Way v. County of Ventura Robert Brooks Karen Hanson, and Robert Ortiez, Ventura Police Officer

445 F.3d 1157 · Court of Appeals for the Ninth Circuit · Apr 20, 2006

It denied qualified immunity to Brooks and Hanson on the basis of Giles v. … If so, “the next, sequential step is to ask whether the right was clearly established.” Id.

Opinion No. (1998)

Oklahoma Attorney General Reports · Mar 17, 1998

Qualified immunity sometimes is erroneously referred to as "good faith immunity." Before Harlow v. … Id. at 818-19 . ¶ 13 In its place, stands qualified immunity, which is a two-pronged, objective test: Does the plaintiff assert violation of a federal constitutional or statutory right and was that right 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.

Lee v. Cline

384 Md. 245 · Court of Appeals of Maryland · Dec 13, 2004

that the plaintiff had presented no evidence of malice to overcome Cline’s qualified immunity. … Consequently, judicial opinions dealing with the well-established limitations upon public official immunity furnish no authority for judicially creating similar limitations upon the broad statutory immunity granted by the