Case law

Merrill v. West Virginia Department of Health & Human Resources

219 W. Va. 151 · West Virginia Supreme Court · May 12, 2006

Va.Code, 29-12A-1, et seq., is entitled to qualified immunity from personal liability for official acts if the involved conduct did not violate clearly established laws of which a reasonable official would have known. … DHHR was entitled to qualified immunity because Appellants had failed to adduce even a scintilla of evidence that DHHR had violated any clearly established law.

Al-Turki v. Robinson

Court of Appeals for the Tenth Circuit · Aug 12, 2014

-2- motion for qualified immunity. … Defendant contends that even if her alleged actions violated Plaintiff’s Eighth Amendment rights, she is entitled to qualified immunity because the law was not clearly established at the time of her alleged violation.

Van Emrik v. Chemung County Department of Social Services

220 A.D.2d 952 · Appellate Division of the Supreme Court of the State of New York · Oct 26, 1995

Plaintiffs contend that questions of fact exist as to whether defendants are entitled to the qualified immunity from liability provided by Social Services Law § 419. … Here, the X rays were clearly not medically indicated.

Roger Fairley and Richard Gackowski v. Evan Fermaint, Noberto Bercasio, and Fred Coffey

482 F.3d 897 · Court of Appeals for the Seventh Circuit · Mar 19, 2007

It was clearly established long before the events of which plaintiffs complain that state actors may not assault witnesses in federal litigation. … Only if the answer is affirmative does the court inquire whether the official enjoys qualified immunity.

Jones v. Lopez

262 F. Supp. 2d 701 · District Court, W.D. Texas · Aug 31, 2001

Qualified Immunity Defendants raise for the first time in their Supplemental Motion to Dismiss and/or Motion for Summary Judgment the defense of official or qualified immunity. … Here, defendants have raised qualified immunity as a defense but have not pleaded good faith or established they were acting within the scope of their discretionary authority.

Bingue v. Prunchak

512 F.3d 1169 · Court of Appeals for the Ninth Circuit · Jan 15, 2008

Harris, — U.S. -, 127 S.Ct. 1769 , 1774 n. 2, 167 L.Ed.2d 686 (2007) (“Qualified immunity is ‘an immunity from suit rather than a mere defense to liability _’ Thus, ... an order denying qualified immunity is immediately appealable … “On the other hand, if a violation could be made out on a favorable view of the parties’ submissions, the next, sequential step is to ask whether the right was clearly established.” Id.

Williams v. Alhambra School District No. 68

234 F. Supp. 3d 971 · District Court, D. Arizona · Feb 13, 2017

The Board member Defendants are therefore entitled only to qualified immunity. … As discussed above, Williams has “adequately allegefd] the commission of acts that violated clearly established law,” as she must to defeat qualified immunity at this stage of litigation. See Mitchell v.

Hilliard v. Walker's Party Store, Inc.

903 F. Supp. 1162 · District Court, E.D. Michigan · Oct 4, 1995

To defeat defendants’ claims of qualified immunity, plaintiffs must establish that defendant state officers deprived plaintiff Thomas Lee of a clearly established federal statutory or constitutional right while acting under … Although the third right was not clearly established at the time of commission, a municipality is not entitled to qualified immunity as is an individual state defendant. See Garner v.

Potter v. City of Hanceville (In Re Potter)

354 B.R. 301 · United States Bankruptcy Court, N.D. Alabama · Nov 6, 2006

A plaintiff can overcome qualified immunity by a showing that (1) the defendant violated a statutory or constitutional right, and (2) this right was clearly established at the time of the alleged violation. … While there may have been a violation of a constitutional or statutory right of the plaintiff, the defendants would still be entitled to summary judgment as to qualified immunity if this right were not clearly established

Krogh v. Sweeney

195 F. Supp. 3d 1049 · District Court, D. Minnesota · Jul 14, 2016

Sweeney argues that he is immune from suit under the doctrine of qualified immunity. … “[QJualified immunity protects [law enforcement] officers from personal liability under § 1983 insofar as their conduct does not violate clearly established ... constitutional rights of which a reasonable person would have

Estrella v. Menifee

275 F. Supp. 2d 452 · District Court, S.D. New York · Jul 17, 2003

Qualified Immunity Assuming, arguendo, that plaintiff has adequately alleged a violation of his constitutional rights, defendants would still be dismissed from this lawsuit under the doctrine of qualified immunity. … Here, plaintiff fails the second and third prongs of the qualified immunity analysis.

Turner v. Martire

99 Cal. Rptr. 2d 587 · California Court of Appeal · Aug 14, 2000

are immune unless their conduct violated clearly established statutory or constitutional rights of which a reasonable person would have known. … Scope of authority In addition to establishing that they qualify as tribal officials for immunity purposes, defendants must satisfy the second requirement for tribal official immunity, i.e., that the official must have acted

Ross v. Lichtenfeld

755 F. Supp. 2d 467 · District Court, S.D. New York · Dec 6, 2010

A public official defendant performing a discretionary function is entitled to qualified immunity when “[his] conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would … Thus, Lichtenfeld would be entitled to qualified immunity if either (1) the constitutional prohibition he violated was not clearly established, or (2) a reasonable person in Lichtenfeld’s position would not have believed

Johnson v. Bay Area Rapid Transit

790 F. Supp. 2d 1034 · District Court, N.D. California · May 10, 2011

The court, however, granted qualified immunity to MacPherson, stating that as of 2005, it was not clearly established that such use was unconstitutional. Id. at 833 . … Nor is Gee entitled to qualified immunity. The law as to extended detentions absent the indicia of probable cause was clearly established at the time of the incident.

Fisher v. Ahmed

153 N.E.3d 612 · Ohio Court of Appeals · Mar 31, 2020

Even assuming that the facts and allegations of the complaint conclusively established that Ahmed is generally personally immune from liability, the complaint does not conclusively establish the inapplicability of an exception … Once established, a qualified privilege can be defeated by a clear and convincing showing that the communication was made with actual malice.

Mayberry v. Spicer

808 F. Supp. 563 · District Court, E.D. Michigan · Nov 24, 1992

A Defendant has “qualified immunity unless Plaintiff’s rights were so clearly established when the acts were committed that any officer in the Defendant’s position, measured objectively, would have clearly understood that … To prevail over a claim *567 of qualified immunity, Plaintiff must set forth a particular and clearly established violation. Garvie v. Jackson, 845 F.2d 647, 650 (6th Cir.1988).

Karen Deloach Collins, as Personal Representative of the Estate of Benny Deloach v. Matthew Schantz

Court of Appeals of Georgia · Sep 26, 2023

See id. at 123 (1) (referring to “[t]he doctrine of official immunity, also known as qualified immunity”; Gilbert v. … established law” to that effect.

Stanfield v. City of Lima

244 F. Supp. 3d 638 · District Court, N.D. Ohio · Feb 24, 2017

Nevertheless, the doctrine of qualified immunity shields government officials from suit if “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known … The second inquiry, whether qualified immunity shields an officer from suit, depends on whether, at the time of the incident, “the right was clearly established ... in light of the specific context of the case, not as a broad

Baylor College of Medicine v. Tate

77 S.W.3d 467 · Texas Court of Appeals, 1st District (Houston) · May 23, 2002

on the issue of qualified immunity”); Austin Indep. … Clearly, this section applies to, among other things, assertions of immunity from suit. It does not apply to assertions of immunity from liability. Hence, it is necessary to determine the nature of Baylor’s claim.

Allen v. Sakai

48 F.3d 1082 · Court of Appeals for the Ninth Circuit · Nov 15, 1994

established constitutional rights, *1086 defeating defendants’ claims to qualified immunity. … established constitutional rights, defeating defendants’ claims to qualified immunity.