Case law

Smith v. Reddy

101 F.3d 351 · Court of Appeals for the Fourth Circuit · Nov 27, 1996

Law enforcement officers are entitled to qualified immunity from § 1983 liability arising from their official discretionary acts that do not "violate clearly established statutory or constitutional rights of … If the right was not clearly established at the relevant time or if a reasonable officer might not have known his or her conduct violated that right, the officer is entitled to immunity.

Gordon v. Maesaka-Hirata.

431 P.3d 708 · Hawaii Supreme Court · Nov 2, 2018

As the circuit court initially correctly noted, the “clearly established right” portion of the two-part qualified immunity standard employs a reasonableness test. … In evaluating an official’s claim of qualified immunity, however, courts should not “define clearly established law at a high level of generality.” al-Kidd, 563 U.S. at 742.

Jolene Waldron v. Gregory Spicher

954 F.3d 1297 · Court of Appeals for the Eleventh Circuit · Mar 25, 2020

ANALYSIS “Qualified immunity protects government officials from liability for civil damages unless they violate a statutory or constitutional right that was clearly established at the time the alleged violation took … The district court denied the deputy’s invocation of qualified immunity, and we reversed.

Shinault v. Hawks

782 F.3d 1053 · Court of Appeals for the Ninth Circuit · Jan 22, 2015

Yet, we ultimately affirm on the basis of qualified immunity because the constitutional obligation was not clearly established at the time of the conduct. 1 FACTUAL BACKGROUND AND PROCEDURAL HISTORY Lester Shinault was incarcerated … the right was not clearly established at the time of conduct.

Jerica Moore-Jones v. Anthony Quick

909 F.3d 983 · Court of Appeals for the Eighth Circuit · Nov 28, 2018

Quick is entitled to qualified immunity unless his “conduct violated a clearly established constitutional or statutory right of which a reasonable officer would have known.” Cravener v. … The district court erred in concluding Moore-Jones’s right was clearly established. Quick is entitled to qualified immunity. This also resolves Moore-Jones’s state-law, excessive-force claims. See Baldridge v.

Rasul v. Myers

563 F.3d 527 · Court of Appeals for the D.C. Circuit · Apr 24, 2009

immunity shields the defendants because the asserted rights were not clearly established at the time of plaintiffs’ detention. … The doctrine of qualified immunity shields government officials from civil liability to the extent their alleged misconduct “does not violate clearly established statutory or constitutional rights of which a reasonable person

Noble v. Adams

646 F.3d 1138 · Court of Appeals for the Ninth Circuit · Mar 17, 2011

during a lockdown imposed in the aftermath of a prison riot was not “clearly established” in 2002. … This scenario is precisely what the doctrine of qualified immunity is designed to cover.

Aleia Tousis v. Keith Billiot

84 F.4th 692 · Court of Appeals for the Seventh Circuit · Oct 18, 2023

right; and whether the right at issue was “clearly established” at the time of the officer’s alleged misconduct. … We exercise our discretion to focus on the second prong of the qualified immunity test in deciding this issue: whether Billiot’s use of deadly force in this situation violated clearly established law.

Conn v. City of Reno

572 F.3d 1047 · Court of Appeals for the Ninth Circuit · Jul 24, 2009

Qualified immunity We next assess whether summary judgment is warranted because the defendants are entitled to qualified immunity. … Officers are entitled to qualified immunity if they reasonably misapprehend how the law would govern in their particular situation. Id at 205, 121 S.Ct. 2151 . Qualified immunity is not warranted here.

Ajaj v. Federal Bureau of Prisons

25 F.4th 805 · Court of Appeals for the Tenth Circuit · Feb 9, 2022

The defense of qualified immunity is a judicially recognized doctrine that shields government officials “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … Thus, the same context that supported a RFRA damages remedy also supported the application of qualified-immunity doctrine, which limits individual liability to violations of clearly established law.

Bechard v. Rappold

287 F.3d 827 · Court of Appeals for the Ninth Circuit · Apr 19, 2002

But the application of the legislative immunity doctrine to local legislators, such as county commissioners, is now well-established. See Bogan, 523 U.S. at 49 , 118 S.Ct. 966 . … In that light, it cannot be said that undisputed facts establish that the conduct of the Commissioners surrounding the termination was solely budgetary and legislative in nature.

Stewart v. Baldwin County Board of Education

908 F.2d 1499 · Court of Appeals for the Eleventh Circuit · Aug 15, 1990

QUALIFIED IMMUNITY Defendants appeal the refusal of the district court to grant summary judgment in their favor on the basis of their qualified immunity defense. … Dollar, 841 F.2d 1558, 1564 (11th Cir.1988). 1 If the law that the defendants allegedly violated was not clearly established, then the defendants are entitled to qualified immunity. See Daniel v.

Lockner v. Pierce Cnty.

190 Wash. 2d 526 · Washington Supreme Court · Apr 19, 2018

App. 177 , 184, 6 P.3d 1191 (2000), aff'd , 144 Wash.2d 612 , 30 P.3d 460 (2001). ¶ 13 To qualify for immunity under RCW 4.24.210, the landowner must establish that the land at issue was (1) open to members of the public … Clearly, mixed public and other uses do not defeat immunity since the legislature amended RCW 4.24.210 to include land used for hydroelectric *533 power plants.

Rodriguez v. Connecticut

169 F. Supp. 2d 39 · District Court, D. Connecticut · Sep 4, 2001

Qualified Immunity Standard The prison officials seek summary judgment on the ground that they have qualified immunity as to claims brought under 42 U.S.C. § 1983 . … of qualified immunity.

Wiles

District Court, D. Kansas · Apr 3, 2026

Kan. 2015) (“Qualified immunity shields federal and state officials from money damages unless a plaintiff establishes (1) that the official violated a statutory or constitutional right and (2) that right was ‘clearly established … his right to seek judicial review under the KJRA was not “clearly established.”22 Accordingly, Dr. Rezac is entitled to qualified immunity on Dr. Wiles’s individual-capacity claim against her. Dr.

Jose Manuel Figueroa-Rodriguez v. Aurelio Lopez-Rivera, Etc., Luis J. Gonzalez-Gonzalez v. Carmen Sonia Zayas, Etc., Victor M. Fontane-Rexach v. Puerto Rico Electric Power Authority

878 F.2d 1478 · Court of Appeals for the First Circuit · Apr 25, 1989

In Mendez-Palou, 813 F.2d at 1259 , this circuit said that the question in a "qualified immunity" case, such as this one, is "whether [at the time of dismissal] it was clearly established that employees in the particular … It concluded that the defendants had not established a "qualified immunity" defense.

Jorge Rivera-Guadalupe v. City of Harrisburg

124 F.4th 295 · Court of Appeals for the Third Circuit · Dec 24, 2024

We deny officers qualified immunity for violating clearly established constitutional rights—not for their failure to read tea leaves. This past year, the Supreme Court held in Chiaverini v. … Because the right that Rivera-Guadalupe seeks to vindicate in his malicious prosecution suit was not clearly established at the relevant time, the District Court erred in denying Det. Pierce qualified immunity.

Stone v. The Board of County Commissioners for the County of Quay

District Court, D. New Mexico · Aug 2, 2024

Thus, in general, when a defendant asserts the defense of qualified immunity on a motion to dismiss, the district court must stay discovery until the immunity issue is resolved. … (quoting Mitchell, 472 U.S. at 526 (“Unless the plaintiff’s allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of

Nusbaum v. Terrangi

210 F. Supp. 2d 784 · District Court, E.D. Virginia · Jul 19, 2002

Good Faith Qualified Immunity Qualified immunity provides that “government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly … If the law as to this issue with respect to these particular defendants is not clearly established for qualified immunity purposes, district court rulings would essentially have no practical effect; defendants could continue

Montanez v. Thompson

603 F.3d 243 · Court of Appeals for the Third Circuit · Apr 22, 2010

We can determine whether Thompson is entitled to qualified immunity under the “clearly established” prong of Saucier v. Katz, 533 U.S. 194 (2001). … 12  Qualified immunity is applicable unless the official’s conduct violated a clearly established constitutional right.