Case law

Torres v. Grunkmeyer

601 F. Supp. 1043 · District Court, D. Wyoming · Feb 1, 1985

The Court would further note that if such actions were entitled to legislative immunity, legislators and their staffs would be free to violate clearly established rights and privileges with impunity, something the Speech … Plaintiff seeks a directed verdict on the qualified immunity question.

William Brinsdon v. McAllen Independent Sch Dist

832 F.3d 519 · Court of Appeals for the Fifth Circuit · Aug 9, 2016

To establish that qualified immunity does not apply, Brinsdon must prove that Santos or Cavazos (1) “violated a statutory or constitutional right, and (2) that the right was ‘clearly established’ at the time of the challenged … On the compelled speech claim, the district court granted summary judgment to Santos and Cavazos under step two of the qualified immunity inquiry, that is, no clearly established right was violated.

Alvarado v. City of New York

482 F. Supp. 2d 341 · District Court, S.D. New York · Apr 26, 2007

QUALIFIED IMMUNITY AND ALVARADO’S UNLAWFUL SEARCH CLAIM Alvarado argues that the Court should not have dismissed his unlawful search claim on qualified immunity grounds as a material factual dispute remained regarding the … Only Supreme Court and Second Circuit precedent existing at the time of the alleged violation is relevant in deciding whether a right is clearly established.”).

Than Orn v. City of Tacoma

949 F.3d 1167 · Court of Appeals for the Ninth Circuit · Feb 3, 2020

Turning to the second step of the qualified immunity analysis, the panel held that plaintiff’s right to be free from the use of excessive force was clearly established at the time of the shooting. … B We turn next to the second step of the qualified immunity analysis, which asks whether Orn’s right to be free from the use of excessive force was clearly established at the time of the shooting.

Pennycuff v. McNutt

95 F. Supp. 3d 1325 · District Court, W.D. Oklahoma · Mar 5, 2015

Qualified Immunity Defendants assert that plaintiffs 42 U.S.C. § 1983 claim should be dismissed because they are entitled to qualified immunity. … “When a defendant pleads qualified immunity, the plaintiff has the heavy burden of establishing: (1) that the defendant’s actions violated a federal constitutional or statutory right; and (2) that the right violated was clearly

Lucas v. Swain County Board of Education

154 N.C. App. 357 · Court of Appeals of North Carolina · Dec 3, 2002

Both affidavits established the Trust is not authorized and licensed to execute insurance contracts in this State and that it is not considered a qualified insurer as determined by the Department of Insurance. … Moreover, defendant established through three affidavits from Hale, Earley and Dunlap that the Trust is neither a licensed and authorized insurer, nor a qualified insurer as determined by the Department.

Prue v. City of Syracuse

26 F.3d 14 · Court of Appeals for the Second Circuit · Jun 6, 1994

The doctrine of qualified immunity shields government officials performing discretionary functions from liability for civil damages “insofar as their conduct does not violate clearly established statutory or constitutional … To establish qualified immunity, defendants must show either that their conduct “did not violate ‘clearly established rights’ of which a reasonable person would have known, or that it was ‘objectively reasonable’ to believe

Sanchez v. Nunemaker

Court of Appeals for the Fifth Circuit · Jun 23, 2026

and that defeat a qualified immunity defense with equal specificity.” … Clearly Established Law We next address whether the constitutional right in question was clearly established at the time of the violation. See Harmon, 16 F.4th at 1163.

Tucker v. Evans

276 F.3d 999 · Court of Appeals for the Eighth Circuit · Jan 14, 2002

Lawrence County, 144 F.3d 1131, 1134 (8th Cir. 1998). 5 The prison employees are entitled to qualified immunity unless they violated Tucker's "clearly established" constitutional rights. Harlow v. … There was no violation of clearly established law in the training of Daniels, and thus the claim is without merit. III.

Whittington v. Town of Surfside

490 F. Supp. 2d 1239 · District Court, S.D. Florida · Jun 6, 2007

Qualified Immunity “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 … As stated above, “[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

Joseph Walton, as Next Friend of Christopher Walton, a Minor v. Alma Alexander, Alma Alexander

44 F.3d 1297 · Court of Appeals for the Fifth Circuit · Feb 17, 1995

City of Houston, 14 F.3d 1056, 1060 (5th Cir.1994) (finding summary judgment proper on qualified immunity grounds when no constitutional infringement established); Quives v. … immunity from this lawsuit if the constitutional allegations were not clearly established law at the *1306 time of the sexual abuse.

Jones v. Chandrasuwan

76 F. Supp. 3d 603 · District Court, M.D. North Carolina · Dec 30, 2014

When subject to suit under § 1983, state and local officials may assert qualified immunity to shield them from liability for civil damages, “insofar as their conduct does not violate clearly established statutory or constitutional … Finding that this right is not clearly established, this court determines that Defendants are entitled to qualified immunity, even if there was some sort of constitutional violation.

Knapper v. Connick

681 So. 2d 944 · Supreme Court of Louisiana · Oct 15, 1996

Distinguishing between absolute immunity, which will defeat a suit at the outset, and qualified immunity, which depends on circumstances and motivations which often must be established by evidence at trial, the Court concluded … But the alternative of qualifying a prosecutor's immunity would disserve the broader public interest.

Rivera-García v. Román-Carrero

938 F. Supp. 2d 189 · District Court, D. Puerto Rico · Jan 3, 2013

For that reason, I proceed to his argument for qualified immunity. 2. … Qualified Immunity and “Clearly Established” Rights Sosa-Vega asserts that even if the Fourth Amendment properly applies, he is entitled to qualified immunity.

Hansen v. California Department of Corrections

920 F. Supp. 1480 · District Court, N.D. California · Mar 25, 1996

If, rationally, what the state of the law was is a close question, the law cannot be deemed “clearly established” for purposes of qualified immunity. … California Statutory Immunity California has no qualified immunity law similar to federal qualified immunity.

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

Pearson v. City of Paris

839 F. Supp. 645 · District Court, W.D. Arkansas · Dec 2, 1993

Qualified Immunity- Defendant Ford’s final argument is that he is entitled to qualified immunity as a “government official performing discretionary functions.” … Once a court determines as a matter of law that a legal standard governing the governmental action at issue was clearly established, there' is no qualified immunity. Id.

Lance v. Board of County Commissioners

985 F.3d 787 · Court of Appeals for the Tenth Circuit · Jan 19, 2021

Violation of a Clearly Established Right Although Mr. … lack of a clearly established right.

Owensby v. City of Cincinnati

414 F.3d 596 · Court of Appeals for the Sixth Circuit · Jul 7, 2005

Qualified Immunity 11 Under the doctrine of qualified immunity, "government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly … Was Owensby's Fourteenth Amendment Right to Adequate Medical Care Clearly Established?

Suarez v. Derosier

241 So. 3d 1086 · Louisiana Court of Appeal · Mar 7, 2018

DeRosier submitted affidavits of his employees in support of absolute immunity. Prosecutors may have absolute immunity or qualified immunity depending upon their actions. … The trial court clearly noted absolute immunity was at issue and found that Defendants were entitled to summary judgment. However, Defense counsel's failure to provide discovery, claiming immunity applied, prevented Mr.