Case law

Torres v. City of Madera

655 F. Supp. 2d 1109 · District Court, E.D. California · Nov 18, 2009

Defendant Noriega is entitled to qualified immunity because the law concerning when weapon confusion would violate the Fourth Amendment was not clearly established at the time of the October 27, 2002 shooting. … “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

Matthew Schantz v. Benny Deloach

Court of Appeals for the Eleventh Circuit · Oct 26, 2021

Qualified Immunity Qualified immunity “completely protects government offi- cials performing discretionary functions from suit in their individ- ual capacities unless their conduct violates clearly established USCA11 … As discussed below, we agree with the district court’s deci- sion to dispose of Plaintiff’s § 1983 claim on the clearly established prong of the qualified immunity analysis.

Davis v. Holly

835 F.2d 1175 · Court of Appeals for the Sixth Circuit · Dec 30, 1987

Davis to have been clearly established in this jurisdiction. … Fitzgerald teaches that if a qualified-immunity defense is to be defeated on the ground that the constitutional violation was obvious, the constitutional rights in question must have been “clearly established” and must have

Thompson v. Clarke

848 F. Supp. 1452 · District Court, D. Nebraska · Apr 14, 1994

established” constitutional rights such that the prison officials are not protected by qualified immunity from an award of damages in a 42 U.S.C. § 1983 action. … Plaintiffs correctly point out that for purposes of qualified immunity, in deciding whether something is “clearly established” the court is to examine whether there is a degree of factual correspondence between previous cases

Jacob Doe v. The University of North Carolina System

133 F.4th 305 · Court of Appeals for the Fourth Circuit · Apr 4, 2025

The two-part qualified immunity inquiry is well-settled. … We agree with the employee defendants that a right to cross-examination in this context has not, up to this point, been clearly enough established to deny them the protection of qualified immunity.

Miami-Dade County v. Pozos

242 So. 3d 1152 · District Court of Appeal of Florida · Feb 15, 2017

or qualified immunity. … before it, clearly established the County’s immunity from suit.

Clark v. Milam

152 F.R.D. 66 · District Court, S.D. West Virginia · Dec 1, 1993

It is difficult to establish a defense is clearly insufficient. Spell v. McDaniel, 591 F.Supp. 1090, 1112 (E.D.N.C.1984). … Struck. 16 Failure to plead RICO allegations with sufficient probability to establish probable cause of causal connection. Struck. 17 No duty. Struck. 18 Sovereign immunity, qualified privilege.

Northrup v. City of Toledo Police Division

58 F. Supp. 3d 842 · District Court, N.D. Ohio · Sep 30, 2014

Once the defendant raises the qualified immunity defense, the plaintiff bears the burden of proving (1) he was deprived of a constitutionally-protected right (2) that was “so clearly established that a reasonable officer … A government official is entitled to qualified immunity from a plaintiffs claims of constitutional violation “unless the official’s conduct violated a clearly established constitutional right.” Pearson v.

Steplight v. Belpulsi

76 Ohio App. 3d 384 · Ohio Court of Appeals · Nov 25, 1991

Pursuant to Harlow , a person is immune from liability if he or she acts in such a way that the action does not violate clearly established law of which a reasonable person would have known. … The court restated *390 the purpose of the qualified immunity rule in Anderson v.

Wagner v. County of Cattaraugus

866 F. Supp. 709 · District Court, W.D. New York · Oct 19, 1994

QUALIFIED IMMUNITY I also find that defendant Travis is not protected by qualified immunity. … Therefore, the first part of the qualified immunity consideration, that is, whether the police conduct here violated clearly established constitutional rights is not an issue in this case.

Karla Kaye Kuehl v. Stephen P. Burtis Terry Satterlee Other John Doe City of Sioux Falls Ezekial James McBeth

173 F.3d 646 · Court of Appeals for the Eighth Circuit · Mar 29, 1999

We reject this challenge, but we must first establish our jurisdiction to hear the case. When a district court’s denial of a claim of qualified immunity turns upon an issue of law, it is an appealable “final decision.” … In determining whether the district court should have granted summary judgment on the basis of qualified immunity, we must consider whether Kuehl has alleged a violation of a clearly-established constitutional right and whether

Aitken v. Reed

89 Wash. App. 474 · Court of Appeals of Washington · Jan 16, 1998

Qualified Immunity for Section 1983 Property Interest Claim The State contends that even if Reed failed to provide Aitken a hearing as required by due process, she is protected by qualified immunity. … She is, therefore, entitled to qualified immunity on Aitken’s due process claim.

Doe v. S & S Consolidated I.S.D.

149 F. Supp. 2d 274 · District Court, E.D. Texas · Jun 26, 2001

As the Siegert court noted, “[o]nce a defendant pleads ... qualified immunity, ‘[[o]]n summary judgment, [a court] may appropriately determine, not only the currently applicable law, but whether the law was clearly established … Apart from Anderson’s admonition in the narrow qualified immunity context that “right[s][an] official is alleged to have violated must have been ‘clearly established’ in a more particularized ... sense,” Anderson notes too

Fairchild v. Coryell Cty

40 F.4th 359 · Court of Appeals for the Fifth Circuit · Jul 14, 2022

IV The jailers, however, can assert qualified immunity. They are liable for unlawful conduct only if their actions violated “clearly established” constitutional rights. Pearson v. … Timpa, 20 F.4th at 1028–29 (explaining that qualified immunity may provide a defense at the early stages of an encounter but not later stages when the continued use of force violates clearly established law); Aguirre

State v. Saenz

967 S.W.2d 910 · Texas Court of Appeals, 13th District · Apr 16, 1998

Although Texas courts use the terms "qualified” and "official" immunity interchangeably, see, e.g., Travis v. … for federal (qualified) and state (official) immunity tests.

Estate of Fortunato Ex Rel. Fortunato v. Handler

969 F. Supp. 963 · District Court, W.D. Pennsylvania · Aug 21, 1996

Qualified Immunity Generally, governmental officials carrying out discretionary functions are shielded from liability for civil damages where their conduct does not violate “clearly established statutory or constitutional … Under any of the panel members’ views expressed in City of Philadelphia, these defendants are entitled to qualified immunity from liability for the use of deadly force, which did not violate the “clearly established law”

Marin v. McClincy

15 F. Supp. 3d 602 · District Court, W.D. Pennsylvania · Apr 11, 2014

Witmer, 526 F.3d 104, 111-112 (3d Cir.2008) (declining to analyze the Constitutional claims and granting qualified immunity under the “clearly established” prong); Robinson v. … Id. 5 Assuming for the sake of argument that plaintiffs Constitutional rights were violated, defendants are nevertheless entitled to qualified immunity because the rights were not clearly established.

Rothschild v. Grottenthaler

716 F. Supp. 796 · District Court, S.D. New York · Jul 12, 1989

Qualified Immunity Finally, the defendants argue that they are entitled to qualified immunity under the standard established in Harlow v. … Only the individual defendant, Charles Grotten-thaler, may be eligible for qualified immunity. The good faith immunity created by Harlow applies only to “government officials performing discretionary functions.”

Mary Lois Tillman v. Edward Coley, Jr., Individually and in His Official Capacity as Sheriff of Bleckley County, Ga.

886 F.2d 317 · Court of Appeals for the Eleventh Circuit · Oct 18, 1989

The court reviews a district court’s denial of a summary judgment motion based on qualified immunity de novo. Waldrop v. Evans, 871 F.2d 1030 (11th Cir.1989). Qualified immunity is defined in Harlow v. … Sheriff Coley concedes that clearly established law requires probable cause to support an arrest, but he argues that the doctrine of qualified immunity shields government officials from civil liability “as long as their actions

Adams v. Glaser

138 F. Supp. 3d 727 · District Court, E.D. Louisiana · Oct 5, 2015

Individual Capacity—Qualified Immunity “Qualified immunity protects public officials from suit unless their conduct violates a clearly established constitutional right.” 90 As explained by the United States. … Supreme Court, “qualified immunity seeks to ensure that defendants reasonably can anticipate when their conduct may give rise to liability.” 91 “In essence, qualified immunity “avoid[s] excessive disruption of government”