Case law

Lee v. Mihalich

847 F.2d 66 · Court of Appeals for the Third Circuit · May 17, 1988

In furtherance of these policies, the discriminant for qualified immunity focuses on the objective legal reasonableness of an official's acts under law which has been clearly established at the time he acts. … the violation of clear law needed to supply the malice element of the constitutional tort. 11 A government official will be denied qualified immunity for having violated a clearly established right when "in the light of

City of Alamo v. Holton

934 S.W.2d 833 · Texas Court of Appeals, 13th District · Dec 19, 1996

The City of Alamo appeals from an interlocutory order denying its motion for summary judgment based on qualified immunity. … The terms "qualified immunity,” "official immunity," "quasi-judicial immunity,” "discretionary immunity” and "good faith immunity” refer to affirmative defenses available to governmental employees sued in their individual

City of Houston v. Daniels

66 S.W.3d 420 · Texas Court of Appeals, 14th District (Houston) · Feb 21, 2002

Sovereign immunity protects governmental entities from liability whereas official, or qualified, immunity protects individual governmental employees. DeWitt v. Harris County, 904 S.W.2d 650, 653 (Tex.1995). … However, section 51.014(5) of the Texas Civil Practice and Remedies Code provides that the denial of a motion for summary judgment may be appealed if it is based on an assertion of qualified immunity. City of Houston v.

Carmen Leverette v. Margaret Bell, in Her Individual Capacity, and South Carolina Department of Corrections

247 F.3d 160 · Court of Appeals for the Fourth Circuit · Apr 13, 2001

Allen instructs that “an official may claim qualified immunity as long as his actions are not clearly established to be beyond the boundaries of his discretionary authority.” Id. at 593 . … Layne qualified immunity analysis — that is, examining whether the law was “clearly established” at the time of the challenged conduct. See supra note 4.

Hayes v. Terrance Howard

District Court, W.D. Louisiana · Aug 23, 2021

Qualified immunity defense is thus “an immunity from suit rather than a mere 4 Alvarez v. … Once qualified immunity is asserted, “the burden then shifts to the plaintiff, who must rebut the defense by establishing a genuine fact issue as to whether the official’s allegedly wrongful conduct violated clearly established

Simmons v. Poe

47 F.3d 1370 · Court of Appeals for the Fourth Circuit · Mar 1, 1995

to qualified immunity. … Immunity may thus be established either on the basis that the right allegedly (or actually) violated was not at the time one “clearly established,” or that, though “clearly established” (and violated), it was one that a “

Geoffrey J. Waldau v. Merit Systems Protection Board

19 F.3d 1395 · Court of Appeals for the Federal Circuit · Mar 16, 1994

Such a case exists when a petitioner raises nonfrivolous allegations of controverted jurisdictional facts on which the MSPB’s jurisdiction is clearly established if these facts are proven. See, e.g., Burgess v. … It is clearly not for this court on appeal to consider for the first time the evidence of record to determine whether Waldau qualifies as a confidential employee.

M.D. Ex Rel. Daniels v. Smith

504 F. Supp. 2d 1238 · District Court, M.D. Alabama · Aug 27, 2007

Clearly established In the Eleventh Circuit, “unless a controlling and factually similar case declares the official’s conduct unconstitutional, an excessive-force plaintiff can overcome qualified immunity only by showing … Under this test, the law is clearly established, and qualified immunity can be overcome, if the standards set forth in Graham and the Eleventh Circuit’s case law “inevitably lead every reasonable officer in [the defendant

Ramirez v. Holmes

921 F. Supp. 204 · District Court, S.D. New York · Mar 31, 1996

“Even where the plaintiffs federal rights and the scope of the official’s permissible conduct are clearly established, the qualified immunity defense protects a government actor if it was ‘objectively reasonable’ for him … For Ramirez to defeat Holmes’s use of the qualified immunity shield, he must demonstrate that he possessed a clearly established constitutional right with respect to his claims.

Keith Edwards v. Officer J. Grubbs

Court of Appeals for the Eleventh Circuit · Mar 13, 2026

Edwards to establish that qualified immunity does not apply. See Bailey, 843 F.3d at 480. … A right may be clearly established for qualified im- munity purposes in one of three ways: (1) case law with indistinguishable facts clearly establishing the constitutional right;

LeFever v. Ferguson

956 F. Supp. 2d 819 · District Court, S.D. Ohio · Jul 9, 2013

Raker’s qualified immunity defense. … clearly established as early as 1964.”

Gonzalez v. Romanisko

744 F. Supp. 95 · District Court, M.D. Pennsylvania · Aug 22, 1990

The Defendant, Mastruzzo, here moves for judgment notwithstanding the verdict based on allegations of qualified immunity and insufficiency of the evidence. … The principles of qualified immunity that we have reaffirmed today require that Anderson be permitted to argue that he is entitled to summary judgment on the ground that, in light of the clearly estab *98 lished principles

Schroeder v. McDonald

41 F.3d 1272 · Court of Appeals for the Ninth Circuit · Nov 29, 1994

The qualified immunity test requires a two-part analysis: “(1) Was the law governing the official’s conduct clearly established? (2) Under that law, could a reasonable officer have believed the conduct was lawful?” … Thus, defendants acted in complete disregard for clearly established prison regulations. Accordingly, defendants fail the second part of the qualified immunity test.

Hofschneider v. City of Vancouver

182 F. Supp. 3d 1145 · District Court, W.D. Washington · Apr 21, 2016

Schaffer also argues that his search and seizure of Hofschneider was conducted reasonably, and that, even if it was not, he is entitled to qualified immunity because any right he did violate was not “clearly established.” … the “right at issue was ‘clearly established’ at the time of the defendant’s alleged misconduct.”

Edward Joseph X. Chapman v. George Pickett

586 F.2d 22 · Court of Appeals for the Seventh Circuit · Oct 30, 1978

Strickland rule, the immunity defense would be unavailing to petitioners if the constitutional right allegedly infringed by them was clearly established at the time of their challenged conduct, if they knew or should have … There can be no serious contention with the fact that the right to be free from disproportionate punishment has long been “clearly established.”

Husain v. Springer

336 F. Supp. 2d 207 · District Court, E.D. New York · Sep 2, 2004

Fitzgerald, 457 U.S. 800, 818 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982), they are entitled to qualified immunity because their conduct did not violate clearly established statutory or constitutional rights of which a reasonable … For a constitutional right to be ‘clearly established’ for purposes of determining whether an officer is entitled to qualified immunity, the contours of the right must be sufficiently clear that a reasonable official would

Bailey v. Board of County Commissioners of Alachua County

956 F.2d 1112 · Court of Appeals for the Eleventh Circuit · Mar 31, 1992

To defeat a qualified immunity defense, Bailey was required to show that the defendants violated a clearly established statutory or constitutional right of which a reasonable person would have known. Mitchell v. … The district court reasoned that the law became “clearly established” on that date; thus, Caldwell and Hayes were not entitled to summary judgment on the basis of qualified immunity.

Gratsch v. Hamilton County

12 F. App'x 193 · Court of Appeals for the Sixth Circuit · Apr 3, 2001

a given set of facts violates clearly established law.” ’ Id. … As discussed above, evaluation of a qualified immunity claim involves answering two questions: 1) did the plaintiff suffer a deprivation of his clearly established constitutional rights; and 2) did the defendant act in an

Webb v. Jackson

583 So. 2d 946 · Mississippi Supreme Court · Jun 26, 1991

As to that section of the Complaint, Officer Jackson enjoys qualified immunity since the misconduct alleged does not fall within one of the three exceptions to qualified immunity. … Officer Jackson is protected by qualified immunity and the City of Newton by sovereign immunity on that issue.

Jerauld ex rel. Robinson v. Kroger

353 S.W.3d 636 · Court of Appeals of Kentucky · Aug 5, 2011

Thus, Kroger could also use the defense of qualified official immunity. … Clearly, his actions were of a discretionary nature. We believe the acts undertaken by Kroger were discretionary in nature and entitled him to qualified official immunity.