Case law

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).

Scotto v. Almenas

143 F.3d 105 · Court of Appeals for the Second Circuit · May 5, 1998

Most executive officials receive qualified immunity, whereby "government officials performing discretionary functions ... are shielded from liability ... insofar as their conduct does not violate clearly established statutory … Qualified Immunity 28 The district court did not consider, and the parties have not briefed, whether or not Almenas, as alleged by Scotto, violated clearly established constitutional norms of which an objectively reasonable

Cox v. Roskelley

359 F.3d 1105 · Court of Appeals for the Ninth Circuit · Feb 20, 2004

The defendants filed a motion for summary judgment, without making any qualified immunity argument. … The second summary judgment motion asserted, for the first time, a qualified immunity defense.

Equal Employment Opportunity Commission v. HP Pelzer Automotive Systems, Inc. (TV2)

District Court, E.D. Tennessee · Mar 2, 2020

and defendant affidavits represented “nothing more than conflicting witness testimony”); Wayne, 36 F.3d at 530 (upholding district court’s denial of attorney fees where defendants won summary judgment on the basis of qualified … immunity, but plaintiffs also sued for injunctive relief, which was not barred by immunity); Beard v.

Beard v. Whitmore Lake School District

402 F.3d 598 · Court of Appeals for the Sixth Circuit · Apr 4, 2005

denied the teachers’ request for qualified immunity. … Conclusion Because the searches in this case did not violate clearly established law, the defendants are entitled to qualified immunity. The denial of summary judgment is accordingly REVERSED.

Hart v. Artus

District Court, W.D. New York · Jul 16, 2021

Next, Plaintiffs contend that qualified immunity does not apply to any of the defendants, since the constitutional rights which Plaintiffs allege were violated were all clearly established, such that a reasonable defendant … Officers are entitled to qualified immunity “unless a plaintiff pleads facts showing (1) that the official violated a statutory or constitutional right, and (2) that the right was ‘clearly established’ at the time of the

Rieck v. Jensen

651 F.3d 1188 · Court of Appeals for the Tenth Circuit · Jun 30, 2011

plaintiff complains violated clearly established law.” … In this case we may review the district court’s denial of Jensen’s motion for summary judgment based on qualified immunity because, as we shall see, Jensen’s entitlement to qualified immunity is based on undisputed facts

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.

Christensen v. Quinn

45 F. Supp. 3d 1043 · District Court, D. South Dakota · Sep 10, 2014

Because the reconstructed affidavit did not establish probable cause, Quinn is not entitled to qualified immunity on that basis. *1081 Quinn argues that she relied on the advice of Landeen-Hoeke, which should establish that … Even if the court assumes that Landeen-Hoeke is only entitled to qualified immunity for those acts, Christensen would still have the burden of showing that the act in question violated a clearly established constitutional

Hemmah v. City of Red Wing

592 F. Supp. 2d 1134 · District Court, D. Minnesota · Dec 30, 2008

Qualified Immunity Defendants Kuhlmann and Seymour 2 seek judgment as a matter of law on the ground that they are protected by qualified immunity. 3 The doctrine of qualified immunity shields state actors performing discretionary … Dist., 512 F.3d 472, 476 (8th Cir.2008), the Court concludes that Hemmah’s right was not clearly established in this case and that, consequently, Defendants Kuhlmann and Seymour are entitled to qualified immunity.

Farrelly v. City of Concord

2012 DNH 166 · District Court, D. New Hampshire · Oct 1, 2012

Carroll are not entitled to qualified immunity because the unconstitutionality of RSA 644:4, I(f) was clearly established by the New Hampshire Supreme Court’s decision in Pierce. … Even s o , the officers are entitled to qualified immunity because Farrelly’s right to send the e-mails in question was not clearly established at the time of his arrest.

Opinion No.

Arkansas Attorney General Reports · Jul 9, 1991

If a plaintiff could conceive of a viable federal legislative or constitutional claim based upon the facts you have stated, only qualified immunity would exist for individual officers involved, and the actual political subdivisions … Creighton, 483 U.S. 635 (1987), (stating that test of qualified immunity for individual officers turns upon the "objective legal reasonableness of the action" assessed in light of the legal rules that were "clearly established

BALLHEIMER v. BATTS

District Court, S.D. Indiana · Mar 20, 2020

The qualified immunity analysis poses two questions: (1) whether a defendant violated a constitutional right, and (2) whether the right was clearly established at the 11 This determination hinges on the assumption that … If the warrant was not properly procured, the Officers cannot find protection under qualified immunity for violating Ballheimer’s clearly established right against a warrantless, intrusive medical search. Winston v.

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.

Erskine v. Commissioner of Corrections

682 A.2d 681 · Supreme Judicial Court of Maine · Aug 15, 1996

In their answer, the defendants raised the affirmative defenses of sovereign and qualified immunity, M.R.Civ.P. 8(c). … Despite their knowledge of Robinson’s violent nature, the defendants are entitled to the defense of qualified immunity for purposes of section 1983 liability.

Mendez v. City of Chicago

District Court, N.D. Illinois · Sep 20, 2024

violated his Fourth Amendment right or that they violated a clearly established right. … Davis, 878 F.3d 226, 234 (7th Cir. 2017) (finding that case that was decided four months after events in question could not clearly establish any rights for the purposes of qualified immunity); Reynolds v.

Chatman v. Ft. Lauderdale Police Department

688 F. App'x 870 · Court of Appeals for the Eleventh Circuit · Jun 6, 2016

to summary judgment on the basis of qualified immunity. … ANALYSIS On appeal, Deputy Wengert does not argue that Chatman’s right to be free from a prolonged dog bite after surrender was not clearly established under federal law.

Passatempo v. McMenimen

458 Mass. 1007 · Massachusetts Supreme Judicial Court · Oct 14, 2010

The court did not expressly address the qualified immunity issue. Id. The defendant appealed. Id. On appeal, the Ninth Circuit did not reach the qualified immunity issue as to the first set of claims. 7 Id. at 303-304 . … He may, as we twice clearly indicated in McMenimen I, pursue the immunity issues as a matter of right in *1010 his direct appeal. Id. at 187 & 193 n.13, citing Littles, supra at 880 .

Hare v. City of Corinth, Miss.

74 F.3d 633 · Court of Appeals for the Fifth Circuit · Jun 10, 1994

Clearly Established Constitutional Injury In reviewing the denial of a summary judgment motion based on a claim of qualified immunity, the Supreme Court has taught that the first inquiry is whether the plaintiff … at all' before reaching the possibly unnecessary question of whether the plaintiff asserted a violation of a "clearly established' right."). 5  To be clearly established, the

Reed v. Kemper

673 F. App'x 533 · Court of Appeals for the Seventh Circuit · Dec 12, 2016

In this court Reed contends that Kemper is not entitled to qualified immunity. He argues that Turner clearly establishes that the rationale articulated in Kemper’s affidavit is not related to peno-logical objectives. … Michelle Bones, however, is entitled to qualified immunity because she did not violate clearly established law. Complaint examiners follow the law so long as they do their job in examining complaints in good faith.