Case law

Vista Community Services v. Dean

107 F.3d 840 · Court of Appeals for the Eleventh Circuit · Mar 19, 1997

We review de novo a district court's ruling that a government official's conduct violated clearly established law such that the official is not entitled to qualified immunity. Johnson v. … A government official may immediately appeal the denial of qualified immunity when the issue appealed concerns whether or not certain facts show a violation of "clearly established law." Mitchell v.

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.

Ben Krein v. Larry Norris

250 F.3d 1184 · Court of Appeals for the Eighth Circuit · May 22, 2001

established right. … violated established law.

Joseph H. Levenstein v. Bernard Salafsky, Patricia A. Gill, and David C. Broski, in Their Individual Capacities

164 F.3d 345 · Court of Appeals for the Seventh Circuit · Dec 16, 1998

Ill Public officials are entitled to qualified immunity from “liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would … That takes us to the second part of the immunity inquiry: whether the applicable constitutional standards were clearly established at the time in question.

Ellison v. Hobbs

334 F. Supp. 3d 1328 · District Court, N.D. Georgia · Sep 25, 2018

"In evaluating a government actor's entitlement to qualified immunity, the Supreme Court has developed an objective-reasonableness test wherein 'the official's actions must be evaluated against "clearly established law," … Second, we determine whether that right was clearly established at the time of alleged conduct.

Chivas v. Koehler

182 Mich. App. 467 · Michigan Court of Appeals · Mar 5, 1990

Thus, we find he would qualify under Ross for absolute immunity. … The motion can only be granted if the claim is so clearly unenforceable as a matter of law that no factual development could establish the claim and justify recovery.

Green v. Bauvi

46 F.3d 189 · Court of Appeals for the Second Circuit · Jan 25, 1995

Public officials enjoy a qualified immunity from suits for damages “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … Assuming that, in whatever circumstances are at issue, the inmate’s right to a hearing within a reasonable time was clearly established at the time of his confinement, the officials are entitled to qualified immunity if it

Costello v. City of Burlington

708 F. Supp. 2d 438 · District Court, D. Vermont · Mar 26, 2010

Qualified immunity shields government officials, including law enforcement officers, “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which … Thus, a rule disallowing application of Burlington’s City Ordinance to the facts of this case would not be “clearly established,” and Sergeant Lewis would be entitled to qualified immunity even assuming a constitutional violation

Johnson v. County of Los Angeles

340 F.3d 787 · Court of Appeals for the Ninth Circuit · Aug 15, 2003

City of Bremerton, 268 F.3d 646, 650 (9th Cir.2001). 1 I In Saucier, the Supreme Court established a two-step evaluation of qualified immunity. … His use of force was objectively reasonable and he is entitled to qualified immunity.

KRL v. Estate of Moore

512 F.3d 1184 · Court of Appeals for the Ninth Circuit · Jan 16, 2008

If yes, “the next, sequential step is to ask whether the right was clearly established.” Id. … Although our prior decision granted Riebe qualified immunity, it denied qualified immunity for Hall.

Veritext Corp. v. Bonin

259 F. Supp. 3d 484 · District Court, E.D. Louisiana · Apr 10, 2017

QUALIFIED IMMUNITY The Defendants raise the same arguments for their damages claim that they do,:-,for the .state action immunity claim. … Furthermore, qualified immunity is an affirmative defense and the Board Members must both plead and establish their entitlement to that defense. Gomez v.

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

Soto v. Bushmaster Firearms International, LLC

139 F. Supp. 3d 560 · District Court, D. Connecticut · Oct 9, 2015

The record establishes that the immunity provided by this statute will also be asserted with regard to the claims against the other defendants. 5 The “no possibility” standard used to assess claims of fraudulent joinder aims … In contending that the plaintiffs’ claims against Riverview are clearly baseless in light of the immunity provided by the PLCAA, defendants -ask this Court to determine that the -word “use” in the negligent entrustment exception

Walton v. Ballard

District Court, S.D. West Virginia · Mar 30, 2018

established federal law.” … Johnson, 647 F.3d 87, 103 (4th Cir. 2011) (“The rule and analytical framework announced by the Supreme Court in Strickland ‘unquestionably qualifies as “clearly established” federal law under § 2254(d).’”

Canter v. County of Otsego

14 F. App'x 518 · Court of Appeals for the Sixth Circuit · Jul 12, 2001

As the magistrate judge pointed out in his discussion of qualified immunity, the State Police defendants expressly admitted that the constitutional rights they are accused of violating were clearly established at the time … immunity[,] typically, the issue of whether the federal right allegedly infringed was clearly established.

Cotton v. Mansour

634 F. Supp. 1094 · District Court, E.D. Michigan · Apr 11, 1986

To overcome the defense of qualified immunity it must appear that the defendant official violated clearly established constitutional or statutory rights of which a reasonable person would have known. ... … The Harlow test for qualified immunity applies to suits against state officials under § 1983. Id. at 818 n. 30, 102 S.Ct. at 2738 n. 30.

Davis v. Education Service Center

62 S.W.3d 890 · Texas Court of Appeals, 6th District (Texarkana) · Dec 5, 2001

. § 22.051(a); rather, Region VIII qualifies for sovereign immunity as an agency of the State. Sovereign immunity, unless waived, insulates the State of Texas, its agencies, and its officials from lawsuits for damages. … In Matthews , the court ruled the defendant did not have a qualified immunity for violating Title VII. Id. at 847 .

Middaugh v. City of Three Rivers

629 F. App'x 710 · Court of Appeals for the Sixth Circuit · Oct 26, 2015

It is well established, however, that 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 … Clearly Established Rights The second step of our qualified immunity analysis asks whether the rights at issue were clearly established at the time of the alleged violation. See id. at 306 .

Dean v. Munch

4 F. App'x 380 · Court of Appeals for the Ninth Circuit · Feb 14, 2001

To be considered “clearly established” for the purposes of qualified immunity analysis, “[t]he contours of the right must be sufficiently clear that a reasonable official would understand that what he is doing violates that … A claim of immunity under the Idaho Tort Claims Act is not an immunity from suit, as qualified and absolute immunity are.

William Bell-Bey v. Beverly Williams

87 F.3d 832 · Court of Appeals for the Sixth Circuit · Jul 1, 1996

The Donta court held, “If the law which the defendant is alleged to have violated is clearly established, then the qualified immunity defense should fail and discovery should proceed. … If the law is not clearly established, the defendant is immune.” Id. (citation omitted).