Case law

James McKinney v. Richland County Sheriff's Department Roy Livingston, Richland County Sheriff Department Sheriff of Richland County

431 F.3d 415 · Court of Appeals for the Fourth Circuit · Dec 12, 2005

Livingston moved for summary judgment below on grounds of qualified immunity, but that motion was denied. … Livingston moved for summary judgment, claiming that he was entitled to qualified immunity.

Jefferson v. Ysleta Independent School District

817 F.2d 303 · Court of Appeals for the Fifth Circuit · May 20, 1987

Finding that the pleadings allege conduct which “violate[s] clearly established statutory or constitutional rights of which a reasonable person would have known,” Harlow v. … Analysis The defense of qualified immunity protects a public official from liability in the performance of his duties unless he violates a clearly established statutory or constitutional right of another known to or knowable

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

Doe v. City of Miami Gardens

389 F. Supp. 3d 1118 · District Court, S.D. Florida · Apr 9, 2019

Qualified Immunity Framework Qualified immunity "offers complete protection for government officials sued in their individual capacities as long as 'their conduct violates no clearly established statutory or constitutional … The Supreme Court recognizes the "longstanding principle that clearly established law should not be defined at a high level of generality...Otherwise, plaintiffs would be able to convert the rule of qualified immunity into

Simms v. Constantine

113 Md. App. 291 · Court of Special Appeals of Maryland · Jan 29, 1997

Ironically, it would mean that the police, who do not ordinarily hold law degrees, would be required to know the clearly established law, but prosecutors would not. 500 U.S. at 495 , 111 S.Ct. at 1944 (citations omitted). … Fitzgerald (1982), we "completely reformulated qualified immunity,” replacing the common-law subjective standard with an *314 objective standard that allows liability only where the official violates "clearly established

Wilson Smith v. Officer Troy Taff

Court of Appeals for the Eighth Circuit · Nov 9, 2009

Qualified immunity shields government actors from suit unless their conduct violates clearly established constitutional or statutory rights that a reasonable person would have known. Henderson v. … was clearly established at the time of the deprivation.”

Barron v. Public Health Trust of Dade County

22 F. Supp. 2d 1368 · District Court, S.D. Florida · Aug 21, 1998

Miller, 57 F.3d 986, 991-93 (11th Cir.1995) (reversing district court’s denial of qualified immunity to defendants on plaintiffs’ First Amendment claims because it was not clearly established that transferring employees, … entitled to qualified immunity.

Campbell v. Alameida

295 F. App'x 130 · Court of Appeals for the Ninth Circuit · Sep 24, 2008

The district court properly determined that defendants were entitled to qualified immunity from Campbell’s Free Exercise and RLUIPA claims for damages, because defendants’ conduct did not violate clearly established law. … City of Alameda, 525 F.3d 903, 906 (9th Cir.2008) (“Under the defense of qualified immunity, a government official is immune from civil damages unless his conduct violates a clearly established right of which a reasonable

Ramirez-Lluveras v. Pagan-Cruz

833 F. Supp. 2d 151 · District Court, D. Puerto Rico · Oct 3, 2011

Qualified Immunity The qualified immunity doctrine is an “escape hatch” from a state actor’s liability under section 1983. … A state actor does not benefit from qualified immunity if: (1) the plaintiff makes out a violation of a constitutional right that (2) was “clearly established” at the time of the alleged violation. Id.

Leiser v. Moore

903 F.3d 1137 · Court of Appeals for the Tenth Circuit · Sep 6, 2018

The defense of qualified immunity “shields public officials from damages actions unless their conduct was unreasonable in light of clearly established law.” … We can resolve this appeal by considering only the clearly-established prong of the qualified- immunity defense. See Bowling v.

Murray-Ruhl v. Shiawassee

246 F. App'x 338 · Court of Appeals for the Sixth Circuit · Aug 29, 2007

Katz’s two-pronged qualified immunity analysis asks whether the constitutional right at issue was clearly established. … Garner provides a “clearly established” right that fulfills the second prong of the qualified immunity analysis. Did Jenkins’s Conduct Violate a Constitutional Right?

Germany v. Vance

673 F. Supp. 1143 · District Court, D. Massachusetts · Dec 1, 1987

They also assert that they are entitled to qualified immunity as state officials because they had no clearly established constitutional duty to disclose the recantation by plaintiffs father. Discussion A.. … Qualified Immunity. The defendants have raised a qualified immunity defense to all of plaintiffs claims.

Wynn v. City of Lakeland

727 F. Supp. 2d 1309 · District Court, M.D. Florida · Jul 20, 2010

“Qualified immunity offers complete protection for government officials sued in their individual capacities if their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … To receive qualified immunity protection, the government official must first establish that he was acting within his discretionary authority at the time of the alleged violation. Cottone v.

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.”

Estate of Smith v. Michigan

256 F. Supp. 2d 704 · District Court, E.D. Michigan · Feb 7, 2003

Qualified Immunity Defendants contend that they are entitled to qualified immunity on all federal constitutional claims. … Furthermore, when a defendant asserts a qualified immunity bar in a motion to dismiss a section 1983 claim, the plaintiffs complaint must *713 establish the violation of a clearly established constitutional right.

Gavonna Willis v. Juanita Mills

141 F.4th 905 · Court of Appeals for the Eighth Circuit · Jun 20, 2025

of a constitutional or statutory right; and (2) whether the right was clearly established at the time of the deprivation.” … The district court’s denial of summary judgment based on qualified immunity was proper.

Shawn C. Pride, Plaintiff-Counter-Defendant-Appellant v. Various John Does, Trooper Jan Lamb, Defendant-Counter-Claimant-Appellee

997 F.2d 712 · Court of Appeals for the Tenth Circuit · Jun 15, 1993

Because Officer Lamb raised the defense of qualified immunity, it was incumbent upon Pride to “show that the law was clearly established when the alleged violation occurred and come forward with facts or allegations sufficient … to show that the official violated the clearly established law.”

Heller v. Woodward

735 F. Supp. 996 · District Court, D. New Mexico · Apr 10, 1990

Plaintiff’s right to be in the room and to perform the duties of a reporter is clearly established under Perry Education Ass’n v. … In light of the above facts clearly in dispute which are material to defendant’s claim of immunity, I find that an appeal of the denial of the defendant’s summary judgment motion on the issue of qualified immunity is baseless

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.”

Hernandez-Cuevas v. Taylor

723 F.3d 91 · Court of Appeals for the First Circuit · Jul 17, 2013

jurisdiction only over qualified immunity appeal) … Martz and Taylor asserted the affirmative defense of qualified immunity in their Answer to Hernandez-Cuevas's complaint and filed a motion to dismiss arguing that they were entitled to qualified immunity on Hernandez-Cuevas's