Case law

Jacobs v. West Feliciana Sheriff's Department

228 F.3d 388 · Court of Appeals for the Fifth Circuit · Oct 2, 2000

To determine whether an official is entitled to qualified immunity, we must determine: (1) whether the plaintiff has alleged a violation of a clearly established constitutional right; and (2) if so, … As noted above, we have observed that at least since 1989, it has been clearly established that officials will only be liable for episodic acts or omissions resulting in the violation of a detainee’s clearly established

Howes v. Hitchcock

66 F. Supp. 2d 203 · District Court, D. Massachusetts · Sep 9, 1999

conduct violated clearly established law.” … To prevail on their qualified immunity defense, the officers must first establish that a prudent police officer with the information they collectively possessed reasonably could have believed that probable cause to arrest

Ortiz v. Kazimer

811 F.3d 848 · Court of Appeals for the Sixth Circuit · Feb 4, 2016

This use of force was clearly established as excessive before 2010. … His lack of action on this record establishes a cognizable claim that he violated Juan’s clearly established constitutional rights. State-law claims.

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.

Gooden v. Howard County Maryland

917 F.2d 1355 · Court of Appeals for the Fourth Circuit · Nov 9, 1990

A The defense of qualified immunity generally protects “government officials performing discretionary functions ... from liability for civil damages insofar as their conduct does not violate clearly established statutory … was no clearly established law guiding their conduct.

DONNA SMITHERS v. TA'TANISHA TWEEDY

Court of Appeals of Georgia · Jun 24, 2025

“The doctrine of official immunity, also known as qualified immunity, offers public officers and employees limited protection from suit in their personal capacity.” (Citation omitted.) Siegrist v. Herhold, 365 Ga. … “Under Georgia law, official or qualified immunity is an entitlement not to stand trial rather than a mere defense to liability.

Novoselsky v. Brown

822 F.3d 342 · Court of Appeals for the Seventh Circuit · May 10, 2016

Qualified Immunity on First Amendment Claim We turn next to Brown’s qualified immunity defense to Novoselsky’s § 1983 First Amendment retaliation claim. … Qualified immunity protects government agents from liability for their actions so long as they did not violate “clearly established statutory or constitutional rights of which a reasonable person would have known.”

D.H., Ex Rel. Dawson v. Clayton County School District

830 F.3d 1306 · Court of Appeals for the Eleventh Circuit · Jul 29, 2016

Clearly Established Law “A right may be clearly established for qualified immunity purposes in one of three ways: (1) case law with indistinguishable facts clearly establishing the constitutional right; (2) a broad … established constitutional right and is entitled to qualified immunity against D.H.’s § 1983 claim.

Wilson v. Meeks

52 F.3d 1547 · Court of Appeals for the Tenth Circuit · Apr 20, 1995

However, qualified immunity is not a defense when officials’ actions violate clearly established constitutional rights. Quezada, 944 F.2d at 718 . … We conclude the facts here do not violate a clearly established duty under the constitution. The district court erred in refusing to grant summary judgment based on qualified immunity. VI.

People v. Onesra Enterprises, Inc.

7 Cal. App. Supp. 5th 7 · Appellate Division of the Superior Court of California · Dec 19, 2016

Immunity—L.A. Mun. Code Section 45.19.6.3, Subdivision E In regard to L.A. Mun. Code section 45.19.6.2, the trial court determined defendants did not qualify for immunity under L.A. Mun. … Thus, the use of the disjunctive clearly expresses that the failure to obtain registration either in 2011 or 2012 will suffice to disqualify the defendant from immunity.

Arthur Knight v. City of Miami

Court of Appeals for the Eleventh Circuit · Aug 6, 2002

CARNES, Circuit Judge: This appeal by a law enforcement officer from the denial of qualified immunity presents us with these three issues: 1) whether there was an absence of probable cause for the officer’s arrest … Cannon, 174 F.3d 1271, 1283 n.3 (11th Cir. 1999) (“Arguable probable cause, not the higher standard of actual probable cause, governs the qualified immunity inquiry.”); Montoute v.

Joseph McNeil John Blankenship, Kevin O'DOnnell and United States of America

187 F.3d 263 · Court of Appeals for the Second Circuit · Jul 20, 1999

In denying that motion, the district court noted that to establish immunity from suit, the FAA officials must demonstrate that the right that plaintiff claims was violated was not “clearly established” at the time of the … Neither did it examine whether any such rights were clearly established at the time of the investigation.

Metro. Dade County v. Chase Fed. Housing

737 So. 2d 494 · Supreme Court of Florida · Jun 10, 1999

In conjunction with the statewide program, the Legislature established a fund to clean sites contaminated by dry cleaning solvents. [2] The Act provides that the owners or operators of dry cleaning establishments, who could … CONCLUSION We find that the Legislature has clearly expressed its intent through the language of the statute as well as the structure and purpose of the Act to apply the immunity provisions found in subsections 376.3078(3

Rosenbaum v. Washoe County

654 F.3d 1001 · Court of Appeals for the Ninth Circuit · Aug 22, 2011

so, whether that right was clearly established at the time of the event. … Ct. at 2083 (holding that an official is not entitled to qualified immunity where “every reasonable official” would have understood that he was violating a clearly established right (emphasis added) (internal quotation marks

Adam Keup v. Nicholas Palmer

Court of Appeals for the Eighth Circuit · Nov 19, 2025

We will grant Deputy Palmer qualified immunity unless the facts demonstrate a deprivation of a constitutional right, and the right was clearly established at the time of the deprivation. … And because qualified immunity is at issue, Keup must show that it was clearly established that what happened to him was a seizure. Dundon, 85 F.4th at 1255.

The Presbyterian Church (u.s.a.) v. The United States of America

870 F.2d 518 · Court of Appeals for the Ninth Circuit · Apr 13, 1989

IV QUALIFIED IMMUNITY The district court held below that the individual INS agents named as defen *527 dants are entitled to qualified immunity. We agree. … Under the doctrine of qualified immunity, federal officials are immune from liability for damages “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person

Surie Alexander v. Dau Nguyen

78 F.4th 1140 · Court of Appeals for the Ninth Circuit · Aug 25, 2023

Nguyen was entitled to qualified immunity because it was not clearly established that his actions violated the Constitution. II. … Analysis A government official is entitled to qualified immunity “unless the plaintiff raises a genuine issue of fact showing (1) ‘a violation of a constitutional right,’ and (2) that the right was ‘clearly established

Ramirez v. Holmes

921 F. Supp. 204 · District Court, S.D. New York · Mar 31, 1996

“Even where the plaintiffs federal rights and the scope of the official’s permissible conduct are clearly established, the qualified immunity defense protects a government actor if it was ‘objectively reasonable’ for him … For Ramirez to defeat Holmes’s use of the qualified immunity shield, he must demonstrate that he possessed a clearly established constitutional right with respect to his claims.

Juan Angel Torres v. United States

200 F.3d 179 · Court of Appeals for the Third Circuit · Dec 29, 1999

Ct. 2393 (1999). 16 Under the doctrine of qualified immunity, "[g]overnment officials performing discretionary functions are`shielded from liability for civil damages insofar as their conduct does not violate clearly established … The inquiry when a defendant claims qualified immunity is "whether a reasonable officer could have believed that his or her conduct was lawful, in light of the clearly established law and the information in the officer's

Shaw v. Stroud

13 F.3d 791 · Court of Appeals for the Fourth Circuit · Jan 6, 1994

Government officials have qualified immunity for discretionary functions so long as “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … Stroud Because of the nature of § 1983 supervisory liability, the plaintiffs must make several separate showings to demonstrate that Stroud lacked qualified immunity: (1) it was “clearly established” at the time of Morris