Case law

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.

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.

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.

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

Doe v. Hamilton Cnty. Bd. of Educ.

329 F. Supp. 3d 543 · District Court, E.D. Tennessee · Aug 6, 2018

unreasonable in light of the clearly established constitutional right." … To overcome qualified immunity, the plaintiff must demonstrate the right allegedly violated was "clearly established" at the time of the violation. Pearson , 555 U.S. at 236 , 129 S.Ct. 808 .

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.

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

Lanigan v. Village of East Hazel Crest

913 F. Supp. 1202 · District Court, N.D. Illinois · Jan 26, 1996

“The doctrine of qualified immunity shields public officials ... from damages unless their conduct was unreasonable in light of clearly established law.” Elder v. … Additionally, the doctrine of qualified immunity shields all three officers because their conduct was not unreasonable in light of clearly established law at that time.

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

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.

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

Nicholas C. Omdahl, Roger C. Omdahl, and Linda Omdahl v. David E. Lindholm and Michael G. Stoffel

170 F.3d 730 · Court of Appeals for the Seventh Circuit · Mar 15, 1999

It is also the key dispute as to whether the Omdahls established the existence of an alleged constitutional violation and, thus, whether they can successfully refute the qualified immunity defense. … The qualified immunity defense places the burden of establishing the existence of the alleged constitutional violation on the Omdahls. See Clash, 77 F.3d at 1047 .

Brown Ex Rel. Estate of Brown v. Chapman

814 F.3d 436 · Court of Appeals for the Sixth Circuit · Feb 19, 2016

The officers asserted that they were entitled to qualified immunity, and the City asserted that plaintiff could not establish municipal liability. Id. at 1 (Page ID #97). … If, for example, “the [City] ratified [the officers’] misconduct which, though unconstitutional, was not in violation of clearly-established law,” a court could find the officers immune but the City liable. Baker v.

Frank Zavaro v. Thomas A. Coughlin, Iii, C.R. Homrighouse

970 F.2d 1148 · Court of Appeals for the Second Circuit · Jul 31, 1992

We have previously articulated the standard for establishing a defense of qualified immunity. … Coughlin, 774 F.Supp. 189, 199-200 (S.D.N.Y.1991) (holding that a hearing officer is not entitled to qualified immunity for *1154 violating inmate’s clearly established right to an independent assessment of informants’ reliability

Clay v. Board of Trustees of Neosho County Community College

905 F. Supp. 1488 · District Court, D. Kansas · Oct 13, 1995

To summarize, public officials enjoy qualified immunity from civil damages liability “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have … A claim of qualified immunity is analyzed as follows: Once a claim of qualified immunity is adequately raised by a defendant, the plaintiff must “show that the law was clearly established when the alleged violation occurred

Pearson v. Shriners Hospitals

133 F.4th 433 · Court of Appeals for the Fifth Circuit · Apr 2, 2025

immunity because the Former Employees have failed to cite a clearly established right. … Nonetheless, the Commissioner is entitled to qualified immunity because the Former Employees’ claims against her are not based on clearly established law. See Pearson v. Callahan, 555 U.S. 223, 231 (2009).

Starr v. Warden, et al.

2006 DNH 110 · District Court, D. New Hampshire · Sep 27, 2006

Qualified Immunity. … A government official is entitled to qualified immunity from personal liability if the challenged "■'conduct [did] not violate clearly established statutory or constitutional rights of which a reasonable person

Losch v. Borough Of Parkesburg

736 F.2d 903 · Court of Appeals for the Third Circuit · Jun 14, 1984

Kleindienst, 729 F.2d 267, 273 (3d Cir.1984). 26 Qualified immunity protects a defendant who failed to observe a right or a legal standard that was not clearly established when the defendant acted. … On the other hand, as the Harlow Court concluded, "[i]f the law was clearly established, the immunity defense ordinarily should fail," unless the defendant "claims extraordinary circumstances and can prove that he neither