Case law

Rodriguez v. State

218 Md. App. 573 · Court of Special Appeals of Maryland · Aug 27, 2014

If the official can establish those two factors, he receives qualified immunity, that is, immunity in the absence of malice. 135 Md. App. at 719 (emphasis added). … Moreover, the Court held that, because the trustees “were clearly not public officials,” it was plain that “the concept of qualified public official immunity is inapplicable to their actions in connection with the judicial

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.

Allen v. Sakai

48 F.3d 1082 · Court of Appeals for the Ninth Circuit · Mar 1, 1995

established constitutional rights, defeating defendants' claims to qualified immunity. … established constitutional rights, defeating defendants' claims to qualified immunity.

Forest v. Pawtucket Police Department

290 F. Supp. 2d 215 · District Court, D. Rhode Island · Oct 22, 2003

The Doctrine of Qualified Immunity The doctrine of qualified immunity protects government officials performing discretionary functions from liability for civil damages if their conduct does not violate clearly established … If the court finds the parties’ submissions demonstrate a constitutional violation, the next step is to determine whether the right was clearly established. Id.

Munn-Goins v. Board of Trustees of Bladen Community College

658 F. Supp. 2d 713 · District Court, E.D. North Carolina · Sep 17, 2009

Page contend that qualified immunity bars plaintiffs section 1983 claim for money damages. … , 119 S.Ct. 1692 . *725 In most cases, the qualified immunity analysis does not require factual findings, because the inquiry is a “purely legal one: whether the facts alleged ... support a claim of violation of clearly

Matthew Grab v. Columbia Borough

Court of Appeals for the Third Circuit · Feb 21, 2023

Grab and Grab’s “right not to be handcuffed was clearly established.” … But the District Court did not resolve the first step in the qualified immunity analysis, concluding instead that the right was not “clearly established.” See Pearson v.

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.”).

Mabe v. San Bernardino County

237 F.3d 1101 · Court of Appeals for the Ninth Circuit · Jan 24, 2001

Zolin, 812 F.2d 1103 (9th Cir. 1987). 14 Whether governing law was clearly established is a legal determination reviewed de novo. Mitchell v. Forsyth, 472 U.S. 511, 528 (1985) (qualified immunity). … Arizona, 437 U.S. 385, 393 (1978)). 23 The first prong of the qualified immunity test focuses on whether the law governing Perry's removal of MD from the Mabe home was clearly established.

Jones v. Allen

312 Ga. App. 762 · Court of Appeals of Georgia · Nov 21, 2011

Mathews did not establish that they were entitled to qualified immunity, as the record evidence establishes that the circumstances are similar to those present in Keenan . As in Keenan , it is undisputed that M. … Allen was entitled to qualified immunity. The Joneses argue that the holding of these cases — that MCG resident physicians are entitled to qualified immunity — should not be extended to Dr.

Ballantyne v. Champion Builders, Inc.

47 Tex. Sup. Ct. J. 852 · Texas Supreme Court · Jul 9, 2004

Federal courts recognize a qualified immunity for public officials, which is analogous although not identical to our official immunity. … Qualified immunity protects governmental officers with discretionary authority from liability so long as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would

Glaspie v. Mahoney

973 F. Supp. 401 · District Court, S.D. New York · Aug 20, 1997

from constitutional tort liability; and that defendants are entitled to qualified immunity. 10 See Defts.’ … DISCUSSION Qualified Immunity The Supreme Court has clearly defined those situations where government officials enjoy qualified immunity in performing discretionary functions: [T]he[se] defendants enjoy a qualified immunity

Buchanan v. Metz

6 F. Supp. 3d 730 · District Court, E.D. Michigan · Jul 15, 2014

Bogle, 92 Fed.Appx. 165, 169 (6th Cir.2004) (“Although a request for monetary damages alone may not suffice to establish the requisite notice, the assertion of a qualified-immunity defense (even a contingent qualified-immunity … These functions clearly relate to the decision to prosecute, to which absolute immunity absolutely applies.

McNamara v. City of Long Beach

249 F. Supp. 3d 684 · District Court, E.D. New York · Apr 21, 2017

“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 established statutory … These facts inform whether defendants violated a clearly established right of the plaintiffs. As a result, the Court cannot dismiss plaintiffs claims at this stage based on qualified immunity.

Stein v. Ryan

662 F.3d 1114 · Court of Appeals for the Ninth Circuit · Nov 18, 2011

. § 1983, the district court concluded that they were protected by qualified immunity. … Fitzgerald, 457 U.S. 800, 818 (1982) (qualified immunity applies if offi- cial’s conduct “does not violate clearly established statutory or constitutional rights of which a reasonable person would have known”).

State of New Jersey v. C.C.W.

New Jersey Superior Court Appellate Division · Apr 29, 2025

However, to qualify for the OPA immunity, a defendant must also establish that the acute condition "result[ed] from the consumption or use of a [CDS]." Ibid. … The definition is comprised of three elements, all of which must be established to qualify for immunity: (1) the person must exhibit an "acute condition[,]" (2) "the acute condition must be 'resulting from the consumption

Estate of Gilliam Ex Rel. Waldroup v. City of Prattville

667 F. Supp. 2d 1276 · District Court, M.D. Alabama · Oct 26, 2009

Therefore, if the violated right was not clearly established under contemporary law, qualified immunity still applies. Id. at 201, 121 S.Ct. 2151 . *1288 2. … A constitutional right is clearly established for qualified-immunity purposes in one of three ways: (1) case law with indistinguishable facts that clearly establishes the right; (2) a broad statement of principle in the Constitution

Cartwright Ex Rel. Estate of Cartwright v. City of Marine

336 F.3d 487 · Court of Appeals for the Sixth Circuit · Jul 21, 2003

No. 02-1728 qualified immunity. … Then, the 295, 299 (6th cir. 1999) (noting that as long as “a defendant court must discern whether the right is so “clearly seeking qualified immunity [is] willing to concede to the facts established” that a “reasonable

Hurst v. Finley

857 F. Supp. 1517 · District Court, M.D. Alabama · Jun 14, 1994

In other words, the question in determining if an individual defendant is entitled to qualified immunity is whether the defendant could have believed his conduct was lawful in light of clearly established law and considering … Hayes, 957 F.2d 845, 848 (11th Cir.1992) (holding that an officer is entitled to qualified immunity insofar as conduct does not violate clearly established rights of which a reasonable officer would have known); see also

Lewis v. McCracken

782 F. Supp. 2d 702 · District Court, S.D. Indiana · Mar 21, 2011

Qualified Immunity We turn next to the issue of qualified immunity protections, if any, available to Chief McCracken. … Qualified immunity shields McCracken from individual liability under Section 1983 for actions taken by him in the course of his performance of his discretionary functions, unless his conduct violated clearly established statutory

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.