Case law
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Ottman v. City of Independence
341 F.3d 751 · Court of Appeals for the Eighth Circuit · Sep 3, 2003
Government officials who perform discretionary functions are entitled to qualified immunity unless their alleged conduct violated clearly established federal constitutional or statutory rights of which a reasonable person … Therefore, Hahl is entitled to qualified immunity. C.
Cited 28 timesPublishedJohnson 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.
Cited 900 timesPublishedGUILLEMARD GINORIO v. Contreras
409 F. Supp. 2d 101 · District Court, D. Puerto Rico · Jan 10, 2006
Qualified Immunity In their motion, the defendants argue that they are entitled to qualified *111 immunity in relation to plaintiffs’ due process claims. … immunity, the Court must consider “(1) whether plaintiffs allegations, if true, establish a constitutional violation; (2) whether that right was clearly established at the time of the alleged violation; and (3) whether a
Cited 3 timesPublished795 F.2d 549 · Court of Appeals for the Sixth Circuit · Jul 2, 1986
If the law which the defendant’s conduct is alleged to have violated is clearly established, then the qualified immunity defense must fail and discovery proceed. … If the law is not clearly established, the defendant is immune and summary judgment is proper. Windsor, 719 F.2d at 165 .
Abrogated on other grounds by Kalina v. Fletcher, 522 U.S. 118 (1997)Cited 107 timesPublishedLeichter v. Lebanon Board of Education
917 F. Supp. 2d 177 · District Court, D. Connecticut · Jan 9, 2013
Qualified immunity “protects government officials from liability where the officials’ conduct was not in violation of a ‘clearly established’ constitutional right.” Sudler v. … by qualified immunity.”
Cited 11 timesPublished260 F.3d 946 · Court of Appeals for the Eighth Circuit · Aug 15, 2001
Qualified Immunity 13 "[G]overnment officials performing discretionary functions, generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … Creighton, 483 U.S. 635, 638 (1987). 14 In determining if appellants are entitled to qualified immunity we must ask whether Wilson states a violation of a constitutional right, and whether that right was clearly established
Cited 57 timesPublishedWayne 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.
Cited 269 timesPublishedStudents 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.
Cited 2 timesPublished880 S.W.2d 530 · Kentucky Supreme Court · Sep 1, 1994
During the time in which McCollum essentially acted as an investigator, the protection available to him was qualified immunity. … . -, 113 S.Ct. 2606 , 125 L.Ed.2d 209 (1993), as follows: ... government officials are not subject to damages liability for the performance of their discretionary functions when "their conduct does not violate clearly established
Cited 38 timesPublishedBecerra v. Unified Government of Wyandotte County/Kansas City
272 F. Supp. 2d 1223 · District Court, D. Kansas · Jul 25, 2003
immunity’ Defendant Mots argues that he is entitled to qualified immunity because his conduct violated no clearly established right of Plaintiffs. … Qualified immunity shields an individual government official performing discretionary functions from liability for civil damages insofar as his conduct does not violate clearly established statutory or constitutional rights
Cited 2 timesPublished294 F. Supp. 2d 1179 · District Court, D. Hawaii · Nov 5, 2003
Hodson’s Qualified Immunity Defense. Hodson argues that he has qualified immunity with respect to Kanae’s claims. … Qualified immunity bars claims against government officials in their individual capacities if their conduct did not “violate clearly established statutory or constitutional rights of which a reasonable person would have known
Cited 20 timesPublished370 F.3d 1079 · Court of Appeals for the Eleventh Circuit · May 24, 2004
II The Qualified Immunity Defense When government officials act in a way that knowingly violates a clearly established statutory or constitutional right of which a reasonable person would have known, they are … We call this defense “qualified immunity” because the official is immune from a damage lawsuit, qualified upon his ability to show that he did not knowingly violate the plaintiff*s clearly established constitutional right
Cited 32 timesPublishedCourt 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.
Cited 0 timesPublishedMatthews 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.
Declined to follow by Walker v. City of Huntsville, 2010 Ala. LEXIS 192 (2010)Cited 25 timesPublished80 F. App'x 196 · Court of Appeals for the Third Circuit · Oct 21, 2003
The District Court denied Appellants’ motion, finding that Appellants violated Ober’s clearly established First Amendment rights and, thus, were not entitled to qualified immunity. … Qualified immunity shields “government officials performing discretionary functions ... from liability from civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of
Cited 5 timesPublishedBoswell v. County of Sherburne
849 F.2d 1117 · Court of Appeals for the Eighth Circuit · Jun 21, 1988
were clearly established at the time of the challenged actions * * Mitchell v. … This court has in the past taken a broad view of what constitutes “clearly established law” for the purposes of a qualified immunity inquiry, requiring some but not precise factual correspondence with precedents and demanding
Cited 14 timesPublished26 F.3d 14 · Court of Appeals for the Second Circuit · Jun 6, 1994
The doctrine of qualified immunity shields government officials performing discretionary functions from liability for civil damages “insofar as their conduct does not violate clearly established statutory or constitutional … To establish qualified immunity, defendants must show either that their conduct “did not violate ‘clearly established rights’ of which a reasonable person would have known, or that it was ‘objectively reasonable’ to believe
Cited 14 timesPublishedSteele 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.
Cited 11 timesPublishedJ. Chris Lane v. Kentucky Department of Corrections
Court of Appeals of Kentucky · Sep 19, 2025
Qualified Immunity. … first addressing the Appellees’ qualified immunity arguments.
Cited 0 timesPublishedDistrict 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.
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