Case law

Fordyce v. City of Seattle

840 F. Supp. 784 · District Court, W.D. Washington · Jul 29, 1993

Qualified immunity is “an immunity from suit rather than a mere defense to liability” and “ordinarily should be decided by the court long before trial.” Hunter v. … The Ninth Circuit has recently held: When a law enforcement officer asserts qualified immunity from liability for Fourth Amendment violations, the district court must determine whether, in light of clearly established principles

Scott Furman Maxey, a Minor, by His Mother & Next Friend, Dianna Maxey v. Robert Fulton, Individually Julia Teska, Individually Harold E. Goldman, Individually Heriberto Martinez, Individually John Dentist, Individually John Doctor, Individually Jane Doctor, Individually, and James Borren, Individually, Joseph Donald Cole, by His Mother & Next Friend, Virginia Cole v. Robert Fulton, Individually Julia Teska, Individually Harold E. Goldman, Individually Luis A. Reinoso, Individually John Doctor, Individually Jane Doctor, Individually John Dentist, Individually, and James Borren, Individually

890 F.2d 279 · Court of Appeals for the Tenth Circuit · Nov 29, 1989

The Court reasoned that a denial of qualified immunity is conclusive because the court is deciding either that (1) the defendant violated clearly established law and is not entitled to immunity, or (2) that if the facts are … Mitchell itself recognizes that there will be times when discovery is proper: 13 Unless the plaintiff's allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled

GUILLEMARD 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

Humes v. Gilless

108 F. App'x 266 · Court of Appeals for the Sixth Circuit · Aug 10, 2004

Thus, we may review “the legal question of qualified immunity, i.e., whether a given set of facts violates clearly established law.” Mattox v. City of Forest Park, 183 F.3d 515, 519 (6th Cir.1999). … Qualified Immunity “[Gjovernment officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional

Godman v. City of Fort Wright

234 S.W.3d 362 · Court of Appeals of Kentucky · Aug 31, 2007

The access is contingent upon the receipt of a report from a qualified traffic engineer, agreed upon by the Zoning Administrator, establishing that the special treatment will have no adverse affect on the roadway safety and … Nevertheless, the Godmans point out that there is no immunity for a discretionary act if it violates constitutional, statutory, or other clearly established rights, or if it is done willfully or maliciously with intent to

Joseph Frasure v. City of Wyoming, Ohio

Court of Appeals for the Sixth Circuit · May 5, 2026

Qualified Immunity Frasure challenges the magistrate judge’s finding that qualified immunity barred all three excessive force claims. … Because Frasure has not demonstrated a clearly established right relevant to this claim, “we begin and end with the second prong” of the qualified immunity analysis. Gordon v.

Kerr v. Lyford

171 F.3d 330 · Court of Appeals for the Fifth Circuit · Apr 14, 1999

Moving for summary judgment, Goar, Minshew, Fleig, and Baggs claimed qualified immunity; Lyford asserted absolute and qualified immunity. B. … Thus, to proceed against a defendant claiming qualified immunity, a plaintiff must demonstrate the existence and violation of a clearly established constitutional right; the defendant may then show that he was performing

McKay v. LaCroix

117 F.4th 741 · Court of Appeals for the Fifth Circuit · Sep 23, 2024

They also asserted qualified immunity. … A state official is entitled qualified im- munity unless: (1) the plaintiff alleged a violation of a constitutional right; and (2) that right was “clearly established” at the time of the alleged violation. Cope v.

Viero v. Bufano

901 F. Supp. 1387 · District Court, N.D. Illinois · Dec 28, 1995

Immunity Búfano and Little also seek dismissal on qualified immunity grounds. … That is enough to strip them of any putative qualified immunity because, as Hamilton v.

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

Porterfield v. Lott

156 F.3d 563 · Court of Appeals for the Fourth Circuit · Sep 22, 1998

not violate clearly established rights of which a reasonable person would have known." … Officials lose the protection of the immunity if they violate a constitutional or statutory right of the plaintiff and the right was clearly established at the time of the alleged violation such that an objectively reasonable

Lucas v. Henrico County School Board

822 F. Supp. 2d 589 · District Court, E.D. Virginia · Sep 30, 2011

Qualified immunity shields government officials performing discretionary functions from liability for civil damages, insofar as their conduct does not violate clearly established rights of which a reasonable person would … Qualified immunity is applicable unless the official’s conduct violated a clearly established constitutional right. Pearson, 555 U.S. at 232 , 129 S.Ct. 808 (internal citations omitted).

Biase v. Kaplan

852 F. Supp. 268 · District Court, D. New Jersey · May 9, 1994

In order to defeat an assertion of qualified immunity, a plaintiff must allege that the defendant official violated a “clearly established” right held by the plaintiff. … action is a violation) violates a clearly established right.

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

Kanae v. Hodson

294 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

Lott v. Edenfield

542 F. App'x 311 · Court of Appeals for the Fifth Circuit · Oct 3, 2013

Because the complaint fails to plead sufficient facts to establish that the defendants were deliberately indifferent to any clearly established rights, the defendants are entitled to qualified immunity. … The plaintiffs now appeal, arguing that they adequately pleaded violations of clearly established Eighth Amendment rights sufficient to overcome qualified immunity.

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.”

Burton v. Richmond

370 F.3d 723 · Court of Appeals for the Eighth Circuit · Aug 2, 2004

Because we determine that there was no violation of a clearly established constitutional right, defendants are entitled to qualified immunity. … II. 5 Governmental officials are entitled to qualified immunity under § 1983 when performing discretionary functions unless they violate clearly established law in executing their duties. Burton I, 276 F.3d at 976 .

Demaree v. Pederson

887 F.3d 870 · Court of Appeals for the Ninth Circuit · Jan 23, 2018

"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 person … (ii) Whether the constitutional right was clearly established We move to the second step of the qualified immunity inquiry-whether the relevant judicial precedents at the time of the incident clearly gave notice that what

Christopher Covey v. Assessor of Ohio County

777 F.3d 186 · Court of Appeals for the Fourth Circuit · Jan 26, 2015

Thus, they are not entitled to qualified immunity at this stage. The tax assessor’s claim to qualified immunity is a closer call. … On one hand, “an official who performs an act clearly established to be beyond the scope of his discretionary authority is not entitled to claim qualified immunity