Case law

FTW REVOCABLE TRUST v. Young

151 P.3d 811 · Hawaii Intermediate Court of Appeals · Feb 22, 2007

immunity because there exists no law giving Linda a clearly-established right to renew Stephen's mooring permit. … question of qualified immunity.

Aspinwall v. Herrin

879 F. Supp. 1227 · District Court, S.D. Georgia · Dec 27, 1994

Herrin is entitled to qualified immunity on Plaintiffs’ claim because it was not clearly established in January of 1993 that a Georgia sheriff was bound by a county merit system. … Under the objective reasonableness standard for qualified immunity, Plaintiffs have the burden of proving that Herrin’s actions violated clearly established constitutional law.

Ippolito v. Meisel

958 F. Supp. 155 · District Court, S.D. New York · Mar 10, 1997

Since plaintiff asked for a declaration that Sutcliffe violated “clearly established laws,” however, and this is the same standard used to determine whether an officer is entitled to qualified immunity, see Wachtler, 35 F … .3d at 80 , and we have found that Officer Sutcliffe is entitled to such immunity, it follows that he cannot have violated “clearly established laws.”

Parks v. Pomeroy

387 F.3d 949 · Court of Appeals for the Eighth Circuit · Dec 20, 2004

plaintiff can establish a constitutional violation, he is entitled to qualified immunity. … This "clearly established" standard must be met in order to permit the denial of qualified immunity. For these inquiries, we conduct a de novo review. See, e.g., Tuggle v.

Causey v. Parish of Tangipahoa

167 F. Supp. 2d 898 · District Court, E.D. Louisiana · Apr 12, 2001

As stated above, the question of whether a public official is covered by qualified immunity entails a two step inquiry. First, the court must find that the official violated a clearly established constitutional right. … These claims are clearly insufficient to overcome Sergeant Price’s defense of qualified immunity and the Court shall deal with the allegations in summary fashion.

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.

Damaris Rivera-Ruiz v. Leonardo Gonzalez-Rivera, Etc.

983 F.2d 332 · Court of Appeals for the First Circuit · Jan 5, 1993

Qualified Immunity Appellees’ suggest that as government officials, they are entitled to qualified immunity. The qualified immunity defense does not rescue appellees in this case. … However, government officials are not entitled to this defense if they violate clearly established rights of which a reasonable government official would have known. Harlow v.

Moreno v. Baca

431 F.3d 633 · Court of Appeals for the Ninth Circuit · Dec 9, 2005

The court denied the deputies' motion for summary judgment on qualified immunity grounds, holding that Moreno's constitutional right to be free from suspicionless searches was "clearly established" at the time of the detention … Both contentions are untenable. 29 Appellants' first argument in favor of qualified immunity — that it was not clearly established that Moreno had any right to be free from suspicionless searches because of his parole status

LIBERTY COUNTY SCHOOL DISTRICT Et Al. v. HALLIBURTON

328 Ga. App. 422 · Court of Appeals of Georgia · Jul 31, 2014

Defendants moved to dismiss on grounds including that defendants were entitled to sovereign and/or qualified immunity. … And “[a] waiver of sovereign immunity must be established by the party seeking to benefit from that waiver.” Ruff, 315 Ga. App. at 456 (footnote omitted).

Terrell v. Allgrunn

114 F.4th 428 · Court of Appeals for the Fifth Circuit · Aug 27, 2024

To defeat qualified immunity, the plaintiff must show that the official’s conduct was objectively unreasonable in light of a clearly established rule of law. … When evaluating whether [Allgrunn] violated clearly es- tablished law for purposes of our qualified immunity analysis, we consider whether the law was clearly established at the time of the defendant

Mossey v. City of Galveston, Tex.

94 F. Supp. 2d 793 · District Court, S.D. Texas · Apr 25, 2000

Plaintiff’s Claim of Unlawful Arrest Is Barred by Qualified Immunity An individual has a clearly established right to be free from unlawful arrest. See Duckett v. City of Cedar Park, 950 F.2d 272, 278 (5th Cir.1992). … Plaintiff’s Claim of Excessive Force Is Not Barred by Qualified Immunity Established law clearly provides that Plaintiff has a Fourteenth Amendment right to be free from the use of excessive force by police.

Limones v. School District of Lee County

111 So. 3d 901 · District Court of Appeal of Florida · Feb 6, 2013

“It is clearly established that one who undertakes to act, even when under no obligation to do so, thereby becomes obligated to act with reasonable care.” Union Park Mem’l Chapel v. Hutt, 670 So.2d 64, 66-67 (Fla.1996). … as establishing a civil liability.”

in Re: Texas Department of Transportation

510 S.W.3d 701 · Texas Court of Appeals, 8th District (El Paso) · Oct 14, 2016

While the motion did not expressly refer to sovereign immunity, it asserted that Flores could not establish a prima facie case of age discrimination because TxDOT filled the vacant position with an older employee. … To establish a prima facie case of age discrimination under the Texas Commission on Human Rights Act, the plaintiff in a true replacement case must show that he or she was (1) a member of a protected class; (2) qualified

S.R. Nehad v. Neal Browder

929 F.3d 1125 · Court of Appeals for the Ninth Circuit · Jul 11, 2019

Qualified Immunity A government official’s entitlement to qualified immunity depends on “(1) whether there has been a violation of a constitutional right; and (2) whether that right was clearly established at the time … Browder is therefore not entitled to qualified immunity under the clearly established prong. D.

T.S. v. Gabbard

860 F. Supp. 2d 384 · District Court, E.D. Kentucky · May 9, 2012

On the other hand, the Defendants contend that they are entitled to qualified immunity on the Plaintiffs’ claims because their actions, in executing the BRJDC Body ID process, did not violate clearly established statutory … Applying these standards in this case, it is the Plaintiffs who bear the burden of establishing that the Defendants are not entitled to qualified immunity.

Doe v. Ohio State Univ.

323 F. Supp. 3d 962 · District Court, S.D. Ohio · Aug 20, 2018

that right was clearly established.' " Miami Univ. , 882 F.3d at 604 (quoting Colvin v. … certainly clearly established at all times pertinent to this action....'

McCabe v. MacAulay

545 F. Supp. 2d 857 · District Court, N.D. Iowa · Apr 11, 2008

thus not clearly established. 6 The *863 court denied the remainder of Special Agent Macaulay’s First Motion for Summary Judgment with leave to refile on December 1, 2006 — after the parties had an opportunity to conduct … qualified-immunity discovery.

Durrant v. BOARD OF ED. OF CITY OF HARTFORD

96 Conn. App. 456 · Connecticut Appellate Court · Jul 11, 2006

A municipal employee has a qualified immunity in the performance of a governmental duty, but he may be liable for tortious conduct if he subjects an identifiable person to imminent harm. Burns v. … To succeed in her claim of liability, therefore, the plaintiff must fall within one of the exceptions to a municipal employee’s qualified immunity for discretionary acts.

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

Bertolis v. Community Unit School District No. 7

283 Ill. App. 3d 874 · Appellate Court of Illinois · Oct 3, 1996

On July 20, 1994, defendants filed a motion to dismiss, citing as one ground for dismissal section 8—101 of the Tort Immunity Act, which establishes a one-year limitation period for actions commenced against local public … Although the Tort Immunity Act clearly establishes a one-year limitation period for actions filed against local public entities, in addition to following the statute of limitations applicable to an action, we must also follow