Case law
Opinions from 1658 to today.
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Phoenician Mediterranean Villa, LLC v. Swope
554 B.R. 747 · District Court, W.D. Pennsylvania · Jul 27, 2016
Appellant argues that Trustee Swope is not entitled to qualified immunity because she violated its clearly established rights and because a reasonable Chapter 7 Trustee would have believed that evicting Appellant from the … Appellant has failed to identify any authority establishing that a trustee is not entitled to immunity.
Cited 11 timesPublished899 F. Supp. 2d 391 · District Court, W.D. Pennsylvania · Sep 28, 2012
“An officer conducting a search is entitled to qualified immunity where clearly established law does not show that the search violated the Fourth Amendment. … To this end, the Defendant Officers seek qualified immunity on the grounds that their actions were reasonable 'in light of clearly established federal law.
Cited 19 timesPublished421 U.S. 908 · District Court, W.D. Pennsylvania · Apr 14, 1975
Cited 55 timesPublished688 F. Supp. 2d 379 · District Court, W.D. Pennsylvania · Feb 22, 2010
Toledo, 446 U.S. 635 , 100 S.Ct. 1920 , 64 L.Ed.2d 572 (1980)). “ ‘The qualified immunity defense shields government agents from liability for civil damages insofar as their conduct does not violate clearly established statutory … his or her actions violated clearly established law.”
Cited 11 timesPublishedALIOTA v. MILLCREEK TOWNSHIP SCHOOL DISTRICT
District Court, W.D. Pennsylvania · Mar 27, 2024
If the complaint fails to state a claim of a violation of clearly established law on its face, “a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery.” … Here, the individual Defendants claim that they are entitled to qualified immunity because the “filing of a counterclaim for defamation did not violate Plaintiff's clearly established constitutional rights” (ECF No. 18,
Cited 0 timesUnknownDistrict Court, W.D. Pennsylvania · Jun 3, 2025
In addition, Officer Brunner is entitled to qualified immunity, because he relied upon a credible report that a crime had occurred, and upon his interview with the Plaintiff, which supported his belief that a crime had … Barkes, 575 U.S. 822, 825 (2015) (“Qualified immunity shields government officials from civil damages liability unless the official violated a statutory or constitutional right that was clearly established at the time
Cited 0 timesUnknownDistrict Court, W.D. Pennsylvania · Dec 22, 2025
Qualified immunity shields government officials performing discretionary acts from civil liability so long as their conduct “does not violate clearly established statutory or constitutional rights of which a reasonable … Therefore, the Court need not assess the “clearly established” prong of the qualified immunity analysis. See Ely.
Cited 0 timesUnknownDistrict Court, W.D. Pennsylvania · Jul 18, 2023
The individual County Defendants separately raise qualified immunity defenses. … Lapina, 258 F.3d 156, 161 (3d Cir. 2001) (“Qualified immunity will be upheld on a 12(b)(6) motion only when the immunity is established on the face of the complaint.”). II.
Cited 0 timesUnknownDistrict Court, W.D. Pennsylvania · May 5, 2026
right was clearly established at the time of the violation. … the defendant’s conduct violated a clearly established right.”
Cited 0 timesUnknownTHOMPKINS v. MCKEESPORT POLICE DEPARTMENT
District Court, W.D. Pennsylvania · Mar 31, 2025
A police officer, as a government official, is entitled to qualified immunity from a § 1983 suit unless the officer’s conduct violates a plaintiff’s clearly established constitutional rights or they were plainly incompetent … defendant’s conduct violated a clearly established constitutional right.”).
Cited 0 timesUnknownHINDMAN v. CITY OF PITTSBURGH, PENNSYLVANIA
District Court, W.D. Pennsylvania · Sep 16, 2024
The basis for his assertion is strangely worded, but he appears to be arguing that the constitutional right was not “clearly established” at the time he acted because “[t]here is no clearly established right to be free … the defendant’s conduct violated a clearly established right.”
Cited 0 timesUnknown216 F. Supp. 3d 590 · District Court, W.D. Pennsylvania · Oct 25, 2016
Citizens have a clearly established right to be free from excessive force while restrained. 57 In light of this clearly established right, district courts tend to deny qualified immunity in cases where the reasonableness … Conclusion We are not aware of a clearly established right for a citizen not to be restrained while suffering a grand mal seizure. We apply qualified immunity to Mr. Guthrie’s Fourth Amendment seizure claim.
Cited 6 timesPublishedWRIGHT CROFT v. DONEGAL TOWNSHIP
District Court, W.D. Pennsylvania · Mar 25, 2021
Accordingly, government officials sued in their individual capacity are entitled to qualified immunity for alleged violations of a plaintiff’s civil rights “‘insofar as their conduct does not violate clearly established … In addressing a claim of qualified immunity, courts analyze “(1) whether the facts alleged by the plaintiff show the violation of a constitutional right; and (2) whether the right was clearly established at the time of
Cited 0 timesUnknownGROSSMAN v. PENNSYLVANIA STATE POLICE
District Court, W.D. Pennsylvania · Jul 22, 2022
immunity. … Cir. 2012) (court conducting qualified immunity analysis looks to “(1) whether the facts alleged by the plaintiff show the violation of a constitutional right; and (2) whether the right was clearly established at the time
Cited 0 timesUnknown873 F. Supp. 2d 651 · District Court, W.D. Pennsylvania · May 31, 2012
Plaintiff contends that qualified immunity does not apply because Decedent’s rights were clearly established at the time the Individual Defendants acted, even if it was uncertain at that time whether their actions would subject … Instantly, Defendants’ contention that it was not clearly established law that certain portions of the Medicaid Act create individually enforceable rights misses the qualified immunity mark.
Cited 3 timesPublishedDistrict Court, W.D. Pennsylvania · Mar 5, 2025
Defendants are not entitled to summary judgment on the basis of qualified immunity. … Evanson, 615 F.3d 197, 223 (3d Cir. 2010) (burden of establishing entitlement to qualified immunity on summary judgment is on the defendant). See also Collick v. William Paterson U., 699 Fed.
Cited 0 timesUnknown365 F. Supp. 3d 587 · District Court, W.D. Pennsylvania · Feb 13, 2019
The doctrine of qualified immunity provides that "government officials performing discretionary functions ... are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory … immunity analysis-was there clearly established law-in light of their argument that there was no constitutional violation.
Cited 5 timesPublished727 F. Supp. 2d 388 · District Court, W.D. Pennsylvania · Jul 23, 2010
The next step in the qualified immunity analysis requires the court to “consider whether the right was clearly established.” McKee v. … . *403 The court of appeals concluded “that a plaintiff has no obligation to plead a violation of clearly established law in order to avoid dismissal on qualified immunity grounds.” Id.
Cited 13 timesPublished127 F. Supp. 2d 689 · District Court, W.D. Pennsylvania · Aug 10, 2000
Murphy’s Invocation of Qualified Immunity As is well established, qualified immunity is a doctrine that insulates the holder from trial, not just from liability. … Felsing: We thus hold, following the Supreme Court’s decision in Hunter , that in deciding whether defendant officers are entitled to qualified immunity it is not only the evidence of “clearly established law” that is for
Cited 4 timesPublishedSpiker v. Allegheny County Board of Probation & Parole
920 F. Supp. 2d 580 · District Court, W.D. Pennsylvania · Jan 30, 2013
In order for a federally protected right to be “clearly established” for purposes of qualified immunity, “[t]he contours of the right must be sufficiently clear that a reasonable official would understand that what he [or … Whittaker may be entitled to qualified immunity for these actions, however, if it would not have been clear to a reasonable officer in her position that those actions violated clearly established law.
Cited 12 timesPublished
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