Case law

Morton v. City of Corinth, Mississippi

District Court, N.D. Mississippi · Jul 17, 2023

This is particularly true given that the individual Defendants have asserted the defense of qualified immunity at an early stage of these proceedings, which requires the Court to inquire into the reasonableness of each … Miss. 2011) (noting that qualified immunity protects public officials from suit “unless their conduct violates a clearly established constitutional right”).

Mwimanzi v. Wilson

District Court, District of Columbia · Mar 8, 2022

“[O]fficers are entitled to qualified immunity under § 1983 unless (1) they violated a federal statutory or constitutional right, and (2) the unlawfulness of their conduct was clearly established at the time.” … Turning to the second step of the qualified immunity analysis, the Court concludes that there was a robust consensus of authority as of January 2019 to clearly establish that such an excessively forceful and invasive search

Barajas v. City of Rohnert Park

159 F. Supp. 3d 1016 · District Court, N.D. California · Feb 5, 2016

Qualified Immunity “Qualified immunity shields federal and state officials from money damages” unless a plaintiff demonstrates “(1) that the official violated a,... constitutional right, and (2) that the right was ‘clearly … Nonetheless, the Court grants the Defendant officers qualified immunity on the narrow ground that it was not clearly established that the Randolph rule applies in the context of probation searches.

THE ESTATE OF RICHARD BARD v. THE CITY OF VINELAND

District Court, D. New Jersey · Jul 22, 2021

“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 of … New Jersey State Police, 957 F.3d 165, 171–74 (3d Cir. 2020) (assessing the “clearly established” prong of the qualified immunity analysis and reversing district court’s denial of

Treadway v. Columbus Police Department

District Court, S.D. Ohio · Mar 4, 2025

Qualified Immunity “shields government officials in the performance of discretionary functions from standing trial for civil liability unless their actions violate clearly established rights.” DiLuzio v. … The next step of the qualified immunity analysis asks us to determine whether the law was clearly established at the time of the violation.

Halcomb v. Wmata

District Court, District of Columbia · Mar 3, 2011

QUALIFIED IMMUNITY Mr. Woods argues that he “has qualified immunity both for the arrest [of Ms. Halcomb] itself and for the limited amount of force necessary to effectuate the arrest.” Mot. at 7. … were clearly established at the time the action was taken” (internal quotation marks and citation omitted)).

Collier v. Clayton County Community Service Board

236 F. Supp. 2d 1345 · District Court, N.D. Georgia · Sep 30, 2002

immunity. … Therefore, all individual defendants are entitled to qualified immunity on plaintiffs § 1983 First Amendment retaliation claim. 29 III.

Perry v. Mississippi Department of Child Protection Services

District Court, N.D. Mississippi · Mar 14, 2025

Thomas, 843 F.3d 172, 177 (Sth Cir. 2016) (“Qualified immunity protects officers from suit unless their conduct violates a clearly established constitutional right.”) (quoting Mace v. … Qualified immunity calls for a bifurcated test in which the court must first determine (1) “whether the plaintiff has alleged a violation of a clearly established statutory or constitutional right that was clearly established

Pennington v. Penner

207 F. Supp. 2d 1225 · District Court, D. Kansas · May 9, 2002

The plaintiff maintains the defendant Thuston cannot escape liability on qualified immunity grounds, as he violated clearly established law. … ROBERTS, and CITY OF CHANUTE, KANSAS (Dk. 8) Qualified Immunity “ ‘[Officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established

Kennedy v. Sgt Francis

District Court, D. South Carolina · Feb 28, 2023

The Supreme Court has established a two-step analysis for qualified immunity claims. See Saucier v. Katz, 533 U.S. 194, 201 (2001). … See Hill, 727 F.3d at 322 (considering the impact of Wilkins on the clearly established law prong of qualified immunity cases).

Boggs v. Stevens

298 F. Supp. 3d 996 · District Court, E.D. Kentucky · Feb 6, 2018

a violation of a clearly established constitutional right. … Thus, where the facts shown by the plaintiff do not make out a clearly established constitutional violation, qualified immunity protects the government official from trial.

Johnson v. Clafton

136 F. Supp. 3d 838 · District Court, E.D. Michigan · Sep 30, 2015

Indeed, once a defendant raises qualified immunity, it is the § 1983 plaintiffs burden to show that the constitutional right was clearly established when the defendant acted. Webb, 789 F.3d at 659 . … Therefore, the Court finds that to raise the qualified-immunity shield in this case, Clafton must do more than quote legal standards on what counts as clearly-established law. IV.

Wright v. Gualandri

District Court, N.D. Illinois · Feb 21, 2021

If Gualandri is contending that the record reflects at this point that he is entitled to qualified immunity because "a reasonable officer could have believed [the arrest] to be lawful, in light of clearly established law … Rohde, 778 F.3d 556, 560 (7th Cir. 2015) ("[F]abricating evidence . . . violates a clearly established constitutional right, such that qualified immunity does not shield the manufacturers of such evidence from liability

Marshall v. BD. OF CTY. COM'RS FOR JOHNSON CTY.

912 F. Supp. 1456 · District Court, D. Wyoming · Jan 22, 1996

in a qualified immunity case according to clearly established statutory or constitutional rights of which a reasonable person would have known. … Further, a defendant is entitled to qualified immunity if the plaintiff fails to show that the law was clearly established. See, e.g., Pallottino v.

Cojocaru v. City University of New York

District Court, S.D. New York · Apr 29, 2021

Further, the Individual CUNY Defendants intend to argue that they are entitled to qualified immunity and “[u]ntil the threshold issue of qualified immunity has been decided, “discovery should not be allowed.” … Forsyth, 472 U.S. 511, 526 (1985) (“Unless the plaintiff's allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery

Russell v. Wayne County School District

District Court, S.D. Mississippi · Aug 16, 2019

Creighton, 483 U.S. 635, 639 (1987) (reciting that qualified immunity turns on the “legal rules that were ‘clearly established’ at the time [the official action] was taken”). … Town of Ball, 827 F.3d 515, 529 (5th Cir. 2016) (permitting Monell claim to proceed to trial despite grant of qualified immunity based on the ‘clearly established’ prong).

Estate of Ryan J Mitchell v. City of Waupun

District Court, E.D. Wisconsin · Jan 25, 2023

To overcome a defendant’s claim of qualified immunity, “the plaintiff[] must show both (1) that the facts make out a constitutional violation, and (2) that the constitutional right was ‘clearly established’ at the time … claim of qualified immunity.

McIntosh Ex Rel. Estate of McIntosh v. Smith

690 F. Supp. 2d 515 · District Court, S.D. Texas · Feb 2, 2010

Qualified Immunity “[government officials performing discretionary functions generally are shielded from liability for civil damages [by qualified immunity] insofar as their conduct does not violate clearly established statutory … and the then clearly established law.

Williamson v. City of Virginia Beach, Va.

786 F. Supp. 1238 · District Court, E.D. Virginia · Mar 13, 1992

“controlling precedent”) has, for qualified immunity purposes, “clearly established” such right. See Jensen v. … jurisdictions), can “clearly establish” a right for qualified immunity purposes.

Mallett Jr. v. Goines

District Court, S.D. Texas · Nov 22, 2021

This second prong of the qualified immunity analysis involves “two separate inquiries: whether the allegedly violated constitutional rights were clearly established at the time of the incident; and, if so, whether the conduct … City of Arlington, Texas, 16 F.4th 1159 (Sth Cir. 2021) (affirming the dismissal of claims based on qualified immunity when “the plaintiffs failed to identify any clearly established law that would place beyond doubt the