Case law

Roger Trent v. Steven Wade

Court of Appeals for the Fifth Circuit · Jan 9, 2015

The doctrine of qualified immunity “insulate[s]” state officials from liability to the extent that the officials’ actions do not violate “clearly established statutory or constitutional rights.” … ‘clearly established’ at the time of the challenged conduct.”

Burkett v. City of El Paso

513 F. Supp. 2d 800 · District Court, W.D. Texas · Mar 14, 2007

When defendants claim qualified immunity, a court must first determine whether the plaintiffs have alleged a violation of a clearly established constitutional right. Williams v. … to qualified immunity.

Huminski v. Corsones

396 F.3d 53 · Court of Appeals for the Second Circuit · Oct 7, 2004

“The doctrine of qualified immunity shields government officials from liability for damages on account of them performance of discretionary official functions insofar as their conduct does not violate clearly established … The defendants are not entitled to qualified immunity with regard to this - claim because this right was clearly established at the time that the defendants issued the trespass notices.

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

Cerniglia v. County of Sacramento

566 F. Supp. 2d 1034 · District Court, E.D. California · Jun 17, 2008

The issue of qualified immunity was not before the Ninth Circuit in Jones , consequently it did not address the issue. Qualified immunity was, however, before the Court in Hy-drick. … In analyzing qualified immunity with respect to the substantive due process claim and holding that it was clearly established that the substantive due process protections of the Fourteenth Amendment apply to SVPs, 500 F.3d

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”.

Dormu v. District of Columbia

795 F. Supp. 2d 7 · District Court, District of Columbia · Jun 7, 2011

If no constitutional right was violated, qualified immunity is appropriate. Id. … Under the second step of the qualified immunity analysis, the officers would nonetheless be immune from suit if Dormu’s Fourth Amendment rights were not clearly established at the time of the arrest.

Anderson v. Recore

446 F.3d 324 · Court of Appeals for the Second Circuit · May 4, 2006

II “[Pjublic officials ... are protected by qualified immunity from civil liability for actions taken in their official capacity, if those actions were objectively reasonable in light of clearly established rules then extant … Defendants are therefore entitled to qualified immunity.

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.

Doan v. Watson

168 F. Supp. 2d 932 · District Court, S.D. Indiana · Oct 10, 2001

Qualified immunity Defendants contend that they should enjoy qualified immunity for their administration of the strip-search procedure, pursuant to § 1983. … Officials acting under qualified immunity are not subjected to suit “unless their actions violate clearly established statutory or constitutional rights then known to a reasonable officer.” Ulichny v. Merton Cmty. Sch.

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)).

Linda Jenkins v. Frederick Tucker

857 F.3d 765 · Court of Appeals for the Eighth Circuit · May 23, 2017

(2) that right "was clearly established" at the time of the violation. … was clearly established at the time in question."

Mann v. Palmerton Area School District

189 F. Supp. 3d 467 · District Court, M.D. Pennsylvania · Jun 2, 2016

Qualified Immunity Defendants argue that even if Plaintiffs can establish their state-created danger claim, Coach Walkowiak is entitled to qualified immunity. … In analyzing whether the coach was entitled to qualified immunity, the Third Circuit explained that although district court opinions “may be relevant to the determination of when a right was clearly established for qualified

Glaspie v. Mahoney

973 F. Supp. 401 · District Court, S.D. New York · Aug 20, 1997

from constitutional tort liability; and that defendants are entitled to qualified immunity. 10 See Defts.’ … DISCUSSION Qualified Immunity The Supreme Court has clearly defined those situations where government officials enjoy qualified immunity in performing discretionary functions: [T]he[se] defendants enjoy a qualified immunity

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).

Szuch v. FirstEnergy Nuclear Operating Co.

2016 Ohio 620 · Ohio Court of Appeals · Feb 19, 2016

Nuisance may be further divided into “absolute” and “qualified.” … . {¶ 54} Alternatively, appellants argue that the operation of the range above the noise regulations is evidence of negligence sufficient to establish a qualified nuisance.

Masel v. Barrett

707 F. Supp. 4 · District Court, District of Columbia · Feb 23, 1989

The “clearly established” rule, however, cannot be so broadly defined that plaintiffs would be able to convert the rule of qualified immunity into “a rule of virtually unqualified liability simply by alleging violation of … Defendant’s contention that he is entitled to qualified immunity because there was no “clearly established” rule of law to govern his conduct at that time also fails.

State of New Jersey v. C.C.W.

New Jersey Superior Court Appellate Division · Apr 29, 2025

However, to qualify for the OPA immunity, a defendant must also establish that the acute condition "result[ed] from the consumption or use of a [CDS]." Ibid. … The definition is comprised of three elements, all of which must be established to qualify for immunity: (1) the person must exhibit an "acute condition[,]" (2) "the acute condition must be 'resulting from the consumption

Darryl Gray, Personal Representative of Estate of Mark Gray, Deceased v. City of Detroit and Police Officer Douglas Gross

399 F.3d 612 · Court of Appeals for the Sixth Circuit · Mar 1, 2005

Officer Gross is Entitled to Qualified Immunity This Court has adopted a three step analysis in determining when qualified immunity applies. Champion v. Outlook Nashville, Inc., 380 F.3d 893, 900-901 (6th Cir.2004). … Officer Gross is therefore entitled to qualified immunity. B.

Lake & Peninsula Borough Assembly v. Oberlatz

329 P.3d 214 · Alaska Supreme Court · Jul 11, 2014

The court also dismissed the § 1983 claim against all of the defendants, finding no violation of a clearly established federal statutory or constitutional right. … or qualified immunity” grounds.