Case law

Doctor Awanna Leslie v. Hancock County Board of Education

Court of Appeals for the Eleventh Circuit · Jul 12, 2013

had was not clearly established. … “[T]o obtain qualified immunity, an official must first establish that he acted within his discretionary authority.”

Heather Burton v. Patricia Richmond

276 F.3d 973 · Court of Appeals for the Eighth Circuit · Jan 11, 2002

The Defendants have argued that qualified immunity bars the entirety of this lawsuit; specifically, contending at the time of the placement in 1985, the law was not clearly established that state caseworkers had a duty to … The Defendants ask this Court to reverse the district court’s denial of qualified immunity and dismiss this action.

Marten v. Swain

242 F. Supp. 3d 744 · District Court, S.D. Indiana · Mar 16, 2017

right, and the designated evidence does not show a violation of any clearly established constitutional right. … As additional bases to defeat qualified immunity, the Martens also assert that Swain violated their clearly established constitutional rights by providing false testimony during the proceedings to further the criminal cases

Christman v. Kick

342 F. Supp. 2d 82 · District Court, D. Connecticut · Oct 28, 2004

More specifically, a police officer is entitled to qualified immunity from liability for his discretionary actions if either (1) his “conduct does not violate clearly established statutory or constitutional rights of which … When considering a question of qualified immunity, however, a district court must determine whether, given the “specific context of the case,” the right was clearly established.

Sanabria v. Martins

568 F. Supp. 2d 220 · District Court, D. Connecticut · Mar 26, 2008

not violated clearly established law.” … immunity, as a matter of well-established law.

Jim Maxwell v. County of San Diego

697 F.3d 941 · Court of Appeals for the Ninth Circuit · Sep 13, 2012

Qualified immunity protects government officers “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known … To determine whether an officer is entitled to qualified immunity, we ask, in the order we choose, (1) whether the alleged misconduct violated a right and (2) whether the right was clearly established at the time of the alleged

Bostic v. Rodriguez

667 F. Supp. 2d 591 · District Court, E.D. North Carolina · Sep 30, 2009

Under Pearson , the court next proceeds to the second step in the qualified-immunity framework: was this right clearly established at the time of the alleged violation? … Therefore, the right was not clearly established, and Rodriguez is entitled to qualified immunity.

Velez-Diaz v. Vega-Irizarry

421 F.3d 71 · Court of Appeals for the First Circuit · Sep 2, 2005

We will, therefore, address this issue in our qualified immunity analysis. … Finally, we must determine "whether a 'reasonable officer, similarly situated, would understand that the challenged conduct violated' the clearly established right at issue." Id.

Smith v. State of Ala.

996 F. Supp. 1203 · District Court, M.D. Alabama · Feb 27, 1998

Where the law that the defendant allegedly violated was not clearly established at the time of the alleged offense, the defendant is entitled to qualified immunity. … The court will first determine if Smith’s rights under the equal protection clause were clearly established for purposes of qualified immunity.

Miller v. Smith

921 S.W.2d 39 · Missouri Court of Appeals · Feb 27, 1996

doctrine are unconstitutional as applied to the wrongful death statute; and c) there are genuine issues of material fact as to whether the public duty, official immunity and qualified immunity doctrines are applicable. … Government officials performing discretionary functions are entitled to qualified immunity if “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have

Fisher v. Moore

62 F.4th 912 · Court of Appeals for the Fifth Circuit · Mar 16, 2023

The school officials sought dismissal on qualified-immunity grounds, arguing that the state-created danger doctrine was not clearly established in this circuit when the underlying events occurred. … “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 of which a reasonable

Reyes-Reyes v. Toledo-Davila

860 F. Supp. 2d 152 · District Court, D. Puerto Rico · May 17, 2012

Qualified immunity, “an immunity from suit rather than a mere defense to liabilityU” Hunter v. … Here, Benitez is entitled to qualified immunity unless (1) “the facts alleged or shown by the plaintiff make out a violation of a constitutional right” and (2) such right was “ ‘clearly established’ at the time of the defendant

Butler v. City of Prairie Village

974 F. Supp. 1386 · District Court, D. Kansas · Aug 25, 1997

Qualified Immunity, i. Standard. Qualified immunity provides immunity from suit, not merely from liability. Mitchell v. Forsyth, 472 U.S. 511, 526 , 105 S.Ct. 2806, 2815-16 , 86 L.Ed.2d 411 (1985). … “Ordinarily, in order for the law to be clearly established, there must be a Supreme Court or Tenth Circuit decision on point, or the clearly established weight of authority from other courts must have found the law to be

Caddell v. Campbell

District Court, S.D. Ohio · May 28, 2021

Separately, he argues that even if a jailor could bear legal liability in that setting, it was not clearly established that a jailor could, and thus qualified immunity is warranted. (Id. at #209–213). … To succeed on his qualified immunity defense, on the other hand, Jones must establish that Cadell failed to allege that Jones’s “conduct violated a constitutional right that was clearly established law at the time.”

Poulsen v. City of North Tonawanda, NY

811 F. Supp. 884 · District Court, W.D. New York · Jan 26, 1993

sufficient to defeat appellants’ qualified immunity. … Lloyd Graves is not entitled to qualified immunity from liability under § 1983.

Willis v. Neal

247 F. App'x 738 · Court of Appeals for the Sixth Circuit · Sep 7, 2007

Willis also bears the burden of establishing that the defendants are not entitled to qualified immunity. Smoak v. Hall, 460 F.3d 768, 778 (6th Cir.2006). … This court has previously held, as did the district court, that Tennessee law provides qualified or good faith immunity of government employees for state law torts. Rogers v.

Dean v. Childs

262 Mich. App. 48 · Michigan Court of Appeals · May 13, 2004

involved ‘clearly established constitutional rights of which a reasonable person would have known.’ ” 11 If no constitutional violation occurred, the defendant has qualified immunity from liability. 12 “Qualified immunity … Childs claims common-law immunity under the public duty doctrine.

Gibson v. Rich

44 F.3d 274 · Court of Appeals for the Fifth Circuit · Jan 30, 1995

Qualified immunity shields government officials performing discretionary functions from liability unless their conduct violates clearly established statutory or constitutional rights of which a reasonable … In suits alleging illegal arrest, the qualified immunity determination turns on whether a reasonable officer could have believed the arrest to be lawful, in light of clearly established law and the information the officer

Sauls v. Montgomery County

18 S.W.3d 310 · Texas Court of Appeals, 9th District (Beaumont) · May 18, 2000

Therefore, in view of the confusion regarding the terms, “official immunity” and “qualified immunity,” it is not clear from the record that appellees presented the affirmative defense of “qualified immunity” to the trial … Thus, we do not consider the merit of “qualified immunity” as a ground for summary judgment in favor of Williams, individually.

Weaver v. State of California

63 Cal. App. 4th 188 · California Court of Appeal · Apr 16, 1998

Defendants also asserted immunity under the qualified immunity doctrine, alleging that they are shielded from liability unless their actions violate clearly established statutory or constitutional rights of which a reasonable … was reasonable and that the qualified immunity doctrine applied.”