Case law
Opinions from 1658 to today.
10,000+ results
1.30s
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
Cited 7 timesPublished18 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.
Cited 14 timesPublished939 F.2d 638 · Court of Appeals for the Eighth Circuit · Sep 26, 1991
“Whether an official may prevail in [her] qualified immunity defense depends upon the ‘objective reasonableness of [her] conduct as measured by reference to clearly established law.’ ... … No other ‘circumstances’ are relevant to the issue of qualified immunity.” Davis v.
Cited 34 timesPublishedWilson 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.”
Cited 0 timesPublished295 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
Cited 8 timesPublished903 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.
Cited 28 timesPublished246 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?
Cited 28 timesUnpublishedBaumeister v. New Mexico Commission for the Blind
425 F. Supp. 2d 1250 · District Court, D. New Mexico · Mar 20, 2006
. § 1983 generally are entitled to qualified immunity unless it is shown that their actions violated a specific constitutional right and that the right which they allegedly violated was clearly established at the time of … P. 12(b)(6), and “[ujnless the plaintiffs allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery.”
Cited 3 timesPublished673 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.
Cited 4 timesPublished304 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.”
Cited 59 timesPublished572 F. Supp. 2d 446 · District Court, S.D. New York · Aug 27, 2008
“[Pjublic officials ... are protected by qualified immunity from civil liability for actions taken in their official capacity, if those actions were objectively reasonable in light of clearly established rules then extant … “Hence, a defendant is not liable if he did not violate clearly established law or it was objectively reasonable for him to believe that he was not violating clearly established law.”
Cited 3 timesPublishedGavonna 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.
Cited 1 timesPublished247 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.
Cited 6 timesUnpublished953 F. Supp. 1352 · District Court, M.D. Alabama · Jul 31, 1996
The state defendants contend that, in their individual capacities, they are immune from damages under the well-established doctrine of qualified immunity. … Instead, the question in this case, as in all qualified immunity cases, is fact specific: in May 1991, was it clearly established in this circuit that it was unconstitutional for a mental institution to fail to supervise
Cited 3 timesPublishedCrosby v. University of Kentucky
863 F.3d 545 · Court of Appeals for the Sixth Circuit · Jul 17, 2017
The doctrine of qualified immunity protects “government officials performing discretionary functions ,.. from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … The closest precedent in this circuit, in fact, noted that this area of law was not so clearly established as to overcome the defense of qualified immunity. See Garvie v.
Cited 61 timesPublishedRamirez-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.
Cited 10 timesPublishedHill v. Taconic Developmental Disabilities Services Office
57 F. App'x 9 · Court of Appeals for the Second Circuit · Jan 2, 2002
‘good faith’ qualified immunity cannot attach.” … ’t do it’ or that it was objectively reasonable for him to believe that his action did not violate clearly established law.”
Cited 4 timesPublished735 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
Cited 1 timesPublished654 F. Supp. 1082 · District Court, D. Colorado · Feb 12, 1987
Alternatively, defendants contend that they are entitled to qualified immunity because they did not violate clearly established constitutional rights which a reasonable investigator would have known. … Under Harlow , then, qualified immunity is established if it is proven that there was no violation of clearly established statutory or constitutional rights of which a reasonable person would have known.
Cited 2 timesPublishedDoctor 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.”
Cited 0 timesPublished
Ask Donna