Case law

Tomberlin v. Clark

1 F. Supp. 3d 1213 · District Court, N.D. Alabama · Feb 19, 2014

Qualified Immunity The affirmative defense of qualified immunity has also been raised. … State and local officials are entitled to qualified immunity if they act within the discretion of their office and their conduct does not violate clearly established constitutional law. Harlow v.

McFarland v. Childers

212 F.3d 1178 · Court of Appeals for the Tenth Circuit · May 10, 2000

“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 … The question of whether a rule of law is clearly established for qualified immunity purposes is a legal one for this court to determine by examining applicable precedent rather than the experience of individual officers.

Helen J. Guercio v. George Brody (88-2013) and John Feikens (89-1137)

911 F.2d 1179 · Court of Appeals for the Sixth Circuit · Aug 13, 1990

[was] clearly established law at the time of Ms. Guercio’s firing.” … “[Defendants] have qualified immunity unless plaintiffs’ ‘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

Matthews v. Bergdorf

889 F.3d 1136 · Court of Appeals for the Tenth Circuit · May 8, 2018

“In conducting [a] qualified immunity analysis, . . . courts must consider . . . whether each defendant’s alleged conduct violated the plaintiff’s clearly established rights.” … [violated] plaintiffs’ clearly established constitutional rights . . . .

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

Edward J. Miller v. Dr. Robert Schoenen and Dr. David White

75 F.3d 1305 · Court of Appeals for the Eighth Circuit · Feb 15, 1996

As we discussed in Reece , however, the qualified-immunity question involves more than merely determining whether the law governing a plaintiff’s claim is “clearly established.” … That is the “clearly established” law.

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.

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.

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.

Corey Fisherman v. David Launderville

100 F.4th 978 · Court of Appeals for the Eighth Circuit · May 6, 2024

And second, was the right clearly established at the time? See id. If either answer is no, then qualified immunity applies. A. … Bowersox, 526 F.3d 1186, 1188 (8th Cir. 2008) (per curiam) (denying qualified immunity); see Munz v.

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.

Richardson v. City of St. Louis

293 S.W.3d 133 · Missouri Court of Appeals · Sep 22, 2009

Burrow’s defense of official immunity is not clearly established by the petition. Arguing, in essence, that the petition does not clearly establish that official immunity bars the claim against Mr. … Because the facts of the petition alone are not adequate to clearly establish the defense of official immunity, the trial court erred in granting Defendants’ motion to dismiss Mr.

Danny Ray Heggen v. Gary Lee, Hopkins County Sheriff, in Both His Individual and Official Capacities, Hopkins County, Kentucky

284 F.3d 675 · Court of Appeals for the Sixth Circuit · Mar 20, 2002

Defendant also argues that even if Plaintiffs state a valid claim, he is entitled to qualified immunity because the right of deputy sheriffs in Hopkins County to be protected from patronage dismissals was not clearly established … Defendant argues that he is entitled to qualified immunity because when Plaintiffs were discharged, the law was not clearly established that deputy sheriffs in Hopkins County were protected from patronage dismissals.

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

Hartsfield v. Lemacks

50 F.3d 950 · Court of Appeals for the Eleventh Circuit · Jun 14, 1995

A. 13 This court utilizes a two-part analysis for the defense of qualified immunity. … Alabama A & M University, 28 F.3d 1146, 1149 (11th Cir.1994) (en banc) (citations and footnotes omitted). 18 In Lassiter, we explained that for law to be clearly established in the qualified immunity context, "pre-existing

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.