Case law

JAKLIN SUZETH GOTAY & Others v. JULIANN CREEN & Others

Massachusetts Supreme Judicial Court · Mar 21, 2025

Qualified immunity. … Government officials are entitled to qualified immunity from § 1983 claims for damages if "their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known

McDonald v. City of Freeport, Tex.

834 F. Supp. 921 · District Court, S.D. Texas · Oct 5, 1993

To be entitled to qualified immunity, a governmental official must have been performing discretionary functions, and his conduct must not have violated clearly established statutory or constitutional rights of which a reasonable … established law for purposes of qualified immunity inquiries.

John Sandul, Robert Sandul, and Devona Sandul v. Timothy Larion, Sgt. Robert Stevenson, and Sgt. Lawrence Little

119 F.3d 1250 · Court of Appeals for the Sixth Circuit · Jul 23, 1997

In order to assert a violation of a “clearly established” right and defeat a qualified immunity defense, “[t]he contours of the right must be sufficiently clear that a reasonable official would understand that what he is … We conclude that Larion is not entitled to qualified immunity because his actions violat *1257 ed Sandul’s clearly established First Amendment rights of which a reasonable officer should have known.

Glover by and Through Glover v. Donnell

878 F. Supp. 898 · District Court, S.D. Mississippi · Mar 2, 1995

If this were a correct characterization of the basis of her claim, then Donnell would clearly enjoy immunity, for the law in Mississippi remains that public officials who are sued merely because they exercise authority over … a particular governmental program or institution are entitled to qualified immunity.

Ramirez v. United States

81 F. Supp. 2d 532 · District Court, D. New Jersey · Jan 4, 2000

“Unless the plaintiffs allegations state a claim for violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal.” Mitchell v. … contrary to established law that they are not entitled to qualified immunity.

Ministerio Roca Solida v. United States Department of Fish & Wildlife

288 F.R.D. 500 · District Court, D. Nevada · Jan 14, 2013

, and qualified immunity for McKelvey,” which plaintiff “essentially ignores.” (# 18). … not violate clearly established rights of which a reasonable person would know.” (# 17)(citing Harlow v.

In Re El Comandante Management Co., LLC

358 B.R. 1 · United States Bankruptcy Court, D. Puerto Rico · Aug 10, 2006

Qualified Immunity. … The “clearly established rights” standard makes the defense of qualified immunity a difficult basis for a motion to dismiss. Walton v. Watts, 185 B.R. 963 , 969 n. 5 (Bankr.N.D.Ga.1995).

Paige v. Coyner

867 F. Supp. 2d 975 · District Court, S.D. Ohio · Mar 29, 2012

Qualified Immunity Defendants next urge the Court to find that Defendant Coyner is entitled to qualified immunity. … Defendants assert that Coyner is entitled to immunity because Plaintiff has not shown that the constitutional right she claims was violated was clearly established at the time (doc. 39).

Groom v. Fickes

966 F. Supp. 1466 · District Court, S.D. Texas · Jan 2, 1997

Qualified Immunity The plaintiff also contends that, in an investigative capacity, Clark is entitled only to the more general qualified immunity. … Nevertheless, qualified immunity shields prosecutors and other government officials from liability for money damages when performing discretionary functions “if their conduct does not violate clearly established statutory

Cobb v. Marshall

481 F. Supp. 2d 1248 · District Court, M.D. Alabama · Mar 14, 2007

City of Birmingham, the Eleventh Circuit held that in cases where qualified immunity is implicated, “some factual detail is necessary, especially if [the court is] to be able to see that the allegedly violated right was clearly … Qualified Immunity Defendant invokes qualified immunity as a defense to Plaintiffs § 1983 equal protection claim against him in his *1259 individual capacity. (Doc. No. 5 at 15-16.)

Cohn v. New Paltz Central School District

171 F. App'x 877 · Court of Appeals for the Second Circuit · Mar 3, 2006

not clearly established as of April 2001, must fail. … Specifically, Derry asserts that “it cannot be reasonably argued that it was clearly established in April of 2001 (pre-Neilson) that ... the comparators were ... similarly situated to the respondent and that the decision

M.W. v. Nassau County

2025 NY Slip Op 05550 · Appellate Division of the Supreme Court of the State of New York · Oct 8, 2025

The County moved for summary judgment dismissing the complaint insofar as asserted against it, contending, inter alia, that it was entitled to governmental function immunity and qualified immunity pursuant to Social Services … Contrary to the County's contention, it "was not entitled to qualified immunity pursuant to Social Services Law § 419, as qualified immunity does not bar recovery for the negligent supervision of children in foster care"

Gorman v. Roberts

909 F. Supp. 1493 · District Court, M.D. Alabama · Oct 18, 1995

Qualified Immunity Defendant Hunt further asserts that he is entitled to qualified immunity in this action, because he did not violate any clearly established constitutional right of which a reasonable public official knew … Qualified immunity protects government officials performing discretionary functions from civil liability if their conduct violates no clearly established statutory or constitutional rights. Courson v.

Gorman v. Roberts

909 F. Supp. 1479 · District Court, M.D. Alabama · Oct 17, 1995

However, even disputes over genuine issues of ma *1490 terial fact will not “preclude summary judgment premised on a defendant’s qualified immunity if the legal norms allegedly violated were not clearly established at the … Qualified immunity protects government officials performing discretionary functions from civil liability if their conduct violates no clearly established statutory or constitutional rights. Courson v.

Armendariz v. Penman

75 F.3d 1311 · Court of Appeals for the Ninth Circuit · Feb 7, 1996

immunity because their actions did not violate any clearly established federal constitutional or statutory rights. … The defendants are entitled to qualified immunity only “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v.

Kliesrath v. Estate of Davis

298 Ga. 872 · Supreme Court of Georgia · Apr 26, 2016

Appellants are four police officers who moved for summary judgment on the basis of official and qualified immunity. … This Court, however, recently reiterated the rule that we established in Turner v.

Graham v. Nadeau, et al.

2009 DNH 167 · District Court, D. New Hampshire · Nov 9, 2009

A court ordinarily may move directly to the second step in the analysis and award qualified immunity if the plaintiff cannot demonstrate that the right on which his claim is based was clearly established when the defendants … Thus, Loven is entitled to qualified immunity for the same reason as Nadeau.

Rankin v. Colman

10 Fla. L. Weekly 2056 · District Court of Appeal of Florida · Aug 29, 1985

Characteristically the Court has defined *239 these elements by identifying the circumstances in which qualified immunity would not be available. … Qualified immunity is also an affirmative defense and is not raised by the complaint here.

Johnson v. District of Columbia

528 F.3d 969 · Court of Appeals for the D.C. Circuit · Jun 20, 2008

and  7 the qualified immunity defense. … what is clearly established law.

D'Agastino v. City of Warren

75 F. App'x 990 · Court of Appeals for the Sixth Circuit · Sep 24, 2003

clearly established at the time of the alleged violation. … We have established that there are two ways in which a plaintiff seeking to overcome the bar of qualified immunity can show that a right was clearly established in the law at the time the alleged violation occurred.