Case law

Barber v. Lynch

275 Pa. Super. 333 · Superior Court of Pennsylvania · Mar 7, 1980

and qualified privilege or immunity. … The preliminary objections of Appellees do not specifically use the term “qualified privilege” or “qualified immunity”.

Ross v. State of Alabama

15 F. Supp. 2d 1173 · District Court, M.D. Alabama · Jul 22, 1998

Pleading with specificity is particularly important where, as here, a defendant asserts the defense of qualified immunity, and the court must decide whether the conduct complained of violates a “clearly established” constitutional … As Defendants correctly note, the Supreme Court has stated that, “[ujnless the plaintiff's allegation states a claim of violation of a clearly established law, a defendant pleading qualified immunity is entitled to dismissal

Knott County Board of Education v. Patton

415 S.W.3d 51 · Kentucky Supreme Court · Dec 19, 2013

We also conclude that the individual Appellants were engaged in the performance of discretionary duties covered by the qualified official immunity doctrine. … of qualified official immunity.

Goines v. Valley Community Services Board

103 F. Supp. 3d 791 · District Court, W.D. Virginia · May 4, 2015

Id. at 332 . 9 In that case, the officers were entitled to qualified immunity because their belief that they had probable cause did not violate clearly established law. … the violation of clearly established law.

Thomas v. Culberg

741 F. Supp. 77 · District Court, S.D. New York · Jul 11, 1990

Nonetheless, the complaint against Thomas must be dismissed because Culbert is entitled to qualified immunity. … ” lacking, the officer will be shielded by qualified immunity from civil liability.

McSean

District Court, E.D. Missouri · Jan 23, 2026

A two-step inquiry applies to a qualified-immunity defense: 1) whether the plaintiff has alleged facts to show a violation of a constitutional right, and 2) whether that right was clearly established at the time of the … Hall, 828 F.3d 298, 305 (4th Cir. 2016) (officer entitled to qualified immunity where plaintiff had not directed court to any case that would have clearly warmed officer that conduct violated First Amendment rights)).

Avratin v. Bermudez

420 F. Supp. 2d 1121 · District Court, S.D. California · Jan 5, 2006

Qualified immunity shields government officials performing discretionary functions from liability for civil damages unless their conduct violates clearly established statutory or constitutional rights of which a reasonable … Clearly Established Right Having satisfied the first prong of the qualified immunity analysis, the Court must consider whether “it would be clear to a reasonable officer that his conduct was unlawful in the situation he confronted

Kyle Rusness v. Becker County, Minnesota

31 F.4th 606 · Court of Appeals for the Eighth Circuit · Apr 12, 2022

Qualified immunity “shields government officials from liability when their conduct does not violate clearly established constitutional rights of which a -10- reasonable person would … Qualified immunity analysis involves two inquiries: (1) whether there has been a violation of a constitutional right; and (2) whether that right was clearly established at the time of the violation. Saucier v.

Dear v. City of Irving

902 S.W.2d 731 · Texas Court of Appeals, 3rd District (Austin) · Aug 16, 1995

“This immunity, variously known as governmental, official, quasi-judicial or qualified immunity, evolved out of a public policy that encourages public officers to carry out their duties without fear of personal liability. … Under federal law, the defense of qualified immunity applies only if the officer’s actions involved the exercise of discretionary duties. See Streetman v. Jordan, 918 F.2d 555, 556 (5th Cir.1990).

Paul Civetti v. Selby Turner & Town of Isle La Motte

296 A.3d 132 · Supreme Court of Vermont · Dec 30, 2022

After further development of the record, the Town moved for summary judgment on several bases, including qualified immunity, and the trial court granted the motion. … “Absolute immunity is generally afforded to judges . . . legislators, and the highest executive officers,” while “[o]nly qualified immunity is extended to lower-level officers, employees, and agents.” O’Connor v.

Komlosi v. The New York State Office Of Mental Retardation And Developmental Disabilities

64 F.3d 810 · Court of Appeals for the Second Circuit · Sep 7, 1995

Qualified Immunity. 28 The doctrine of qualified immunity protects government officials from personal liability if their conduct either " 'did not violate "clearly established rights" of which a reasonable person would have … known that their suspension of Komlosi without pay constituted a violation of a clearly established right.

Karen Wells v. Mark Hanneman

Court of Appeals for the Eighth Circuit · Jul 18, 2025

Hanneman moved for judgment on the pleadings on the ground that he was entitled to qualified immunity. See Fed. R. Civ. P. 12(c). … In an appeal from the denial of qualified immunity, we have jurisdiction “to decide the purely legal issue of whether the facts alleged by the plaintiff are a violation of clearly established law.” Raines v.

OONA R.-S. BY KATE S. v. Santa Rosa City Schools

890 F. Supp. 1452 · District Court, N.D. California · May 2, 1995

If the plaintiff does establish such intent, there can be no qualified immunity. … In order to defeat a qualified immunity claim at this stage in a section 1983 action, a plaintiff must sufficiently allege the deprivation of a clearly established right secured by federal statutory or constitutional law.

Madsen v. Borthick

658 P.2d 627 · Utah Supreme Court · Jan 28, 1983

We are unwilling to read this artificial distinction into the Governmental Immunity Act in the absence of a clearly expressed legislative purpose to that effect. We find none. … of governmental immunity established in the Governmental Immunity Act. 10 The 1978 amendment to the Governmental Immunity Act, in § 63-30-4, establishes a new statutory standard for official immunity.

Vines v. Howard

676 F. Supp. 608 · District Court, E.D. Pennsylvania · Oct 5, 1987

To be protected by qualified immunity, an official must establish that he acted in good faith, without intending to violate any of plaintiff’s constitutional rights. … The constitutional right at issue must be clearly established. Harlow, 457 U.S. at 818 , 102 S.Ct. at 2738 , 73 L.Ed.2d at 410 .

Wilson v. Layne

110 F.3d 1071 · Court of Appeals for the Fourth Circuit · Apr 11, 1997

Furthermore, the district court refused to accept the officers’ alternative argument that, at a minimum, they were entitled to qualified immunity because in April 1992, the law was not clearly established that permitting … Government officials performing discretionary functions are entitled to qualified immunity from liability for civil damages to the extent that “their conduct does not violate clearly established statutory or constitutional

Estrada ex rel. Estate of Estrada v. Cook

166 F. Supp. 3d 1230 · District Court, D. New Mexico · Mar 16, 2015

“When a defendant asserts qualified immunity at summary judgment, the burden shifts to the plaintiff to show that: (1) the defendant violated a constitutional right and (2) the constitutional right was clearly established … are entitled to qualified immunity.”

Cavanaugh v. Doherty

243 A.D.2d 92 · Appellate Division of the Supreme Court of the State of New York · Jun 4, 1998

“A government official performing a discretionary function is entitled to qualified immunity provided his or her conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … As such, accepting plaintiffs allegations as true for purposes of the motions to dismiss (see, McEvoy v Spencer, supra, at 95), we conclude that defendants have not established entitlement to qualified immunity.

Grignano v. City of Milford

106 Conn. App. 648 · Connecticut Appellate Court · Apr 1, 2008

Because the parties in the present matter assume that the immunity provided by § 52-557n (a) (2) (B) is identical to a municipal employee’s qualified immunity for discretionary acts at common law, we also assume, without … Under the common law, “a municipal employee is liable for the misperformance of ministerial acts, but has a qualified immunity in the performance of governmental acts. . . .

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