Case law
Opinions from 1658 to today.
10,000+ results
0.78s
Branch v. Carroll County, Mississippi
District Court, N.D. Mississippi · Sep 22, 2020
“A plaintiff must make a two-part showing to overcome a qualified immunity defense. … Summary Against the defendants’ good faith assertion of qualified immunity, Branch failed to establish a constitutional violation.
Cited 0 timesUnknown941 F. Supp. 2d 722 · District Court, N.D. Texas · Sep 25, 2012
Qualified Immunity Under the doctrine of qualified immunity, “government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly … The clearly established requirement “does not mean that officials’ conduct is protected by qualified immunity unless the very action in question has previously been held unlawful.” Cantrell v.
Cited 1 timesPublishedDistrict Court, D. Kansas · Jan 16, 2026
“His response brief failed even to include the terms ‘qualified immunity’ or ‘clearly established.’” Id. … of establishing that the rights in question were clearly established at the time”).
Cited 0 timesUnknownDistrict Court, W.D. Virginia · Sep 4, 2024
Amonette’s actions amounted to deliberate indifference and turn directly to … the clearly established prong of the qualified-immunity analysis.” 55 F.4th at 454. … The Fourth Circuit did not address whether the defendant was entitled to qualified immunity, or specifically the second step of the qualified immunity framework—whether the right at issue was “clearly established” at the
Cited 0 timesUnknownDistrict Court, S.D. Indiana · Aug 30, 2024
Hoover's right to meaningful review of his placement in segregation, it need not address their argument that they are entitled to qualified immunity. See Abbott v. … constitutional right was 'clearly established’ at the time of the official's alleged misconduct.").
Cited 0 timesUnknownDistrict Court, D. New Mexico · Aug 27, 2020
clearly established. … Therefore, in light of Plaintiff's failure to cite to clearly established law, the Court holds that Edwards is entitled to qualified immunity.
Cited 0 timesUnknown175 F. Supp. 3d 69 · District Court, S.D. New York · Mar 31, 2016
Qualified Immunity Police officers are immune from liability in § 1983 in suits brought against them in their individual capacities if “their conduct does not violate clearly established statutory or constitutional rights … The Second Circuit has explained that “[e]ven whei’e the plaintiffs federal rights and the scope of the official’s permissible conduct are clearly established, the qualified immunity defense protects a government actor if
Cited 16 timesPublishedDistrict Court, E.D. Kentucky · Nov 2, 2021
Hamblen Cty., Tennessee, 969 F.3d 592, 601 (6th Cir. 2020) (noting that an unresolved question of law cannot qualify as “clearly established law” under the qualified immunity test and assuming the Farmer standard applies … If the law was not clearly established, then neither Gunkel nor Sterling could have violated Stein’s rights and qualified immunity bars Stein’s claims against them.
Cited 0 timesUnknownC.M. v. Southeast Delco School District
828 F. Supp. 1179 · District Court, E.D. Pennsylvania · Jun 29, 1993
In order to obtain qualified immunity, each defendant must show that his conduct did “not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … Finally, defendants are not entitled to qualified immunity, because the kind of abuse alleged by plaintiff is a violation of *1192 clearly established constitutional rights, and because plaintiff makes sufficient allegations
Cited 10 timesPublishedDistrict Court, S.D. Indiana · Jan 10, 2022
A right is clearly established for purposes of qualified immunity where: (1) "a closely analogous case establishes that the conduct is unconstitutional"; or (2) "the violation is so obvious that a reasonable state actor … Ct. 577, 590 (2018) (constitutional right is clearly established for purposes of qualified immunity analysis if "every reasonable official would interpret [then-existing precedent] to establish the particular rule the plaintiff
Cited 0 timesUnknown285 F. Supp. 3d 420 · District Court, District of Columbia · Jan 16, 2018
No principle of qualified immunity will protect them. Second, the undisputed facts of record will not support an invocation of qualified immunity based on the "community caretaking" exception to the Fourth Amendment. … Nevertheless, he concluded that, given the "nebulous" boundaries of the exception, the officers had qualified immunity, as a reasonable officer would not have known, in that factual context, that he was violating a clearly
Cited 6 timesPublishedDistrict Court, D. Utah · Feb 24, 2022
Jerry Jorgensen is entitled to qualified immunity because Plaintiffs have not shown that his actions violated clearly established law. … As discussed above when addressing qualified immunity,189 the Plaintiffs have not identified any clearly established law that demonstrates that Jorgensen must have known that his actions were clearly unlawful when he took
Cited 0 timesUnknownCorrigan v. District of Columbia
District Court, District of Columbia · Aug 25, 2015
that were clearly established at the time.’” … Glover did not violate any clearly-established right under the Fourth Amendment, all three individual defendants are entitled to qualified immunity under the second prong of the Saucier test.
Cited 0 timesPublished852 F. Supp. 798 · District Court, S.D. Iowa · Apr 13, 1994
Qualified immunity. Defendants assert they are entitled to qualified immunity as to the individual plaintiffs’ claims for damages. … Qualified immunity from liability for civil damages is available if the law as it applied to the relevant facts was not clearly established and if a reasonable official could have believed his or her conduct was lawful.
Cited 6 timesPublishedDistrict Court, D. Nevada · Sep 2, 2023
2 court should resolve that threshold question [of qualified immunity] before permitting 3 discovery”); Mitchell v. … Forsyth, 472 U.S. 511, 526 (1985) (holding that when a plaintiff's 4 allegations fail to “state a claim of violation of clearly established law, a defendant pleading 5 qualified immunity is entitled to dismissal
Cited 0 timesUnknown651 F. Supp. 2d 313 · District Court, E.D. Pennsylvania · Jul 2, 2009
Thus, the Court must turn to the remaining prong of qualified immunity analysis: “whether ... defendant [North] is entitled to qualified immunity on the grounds that his conduct did ‘not violate clearly established statutory … The fact that the right is clearly established, however, does not end the qualified immunity analysis in the First Amendment retaliation context.
Cited 8 timesPublishedDistrict Court, M.D. Georgia · Sep 26, 2025
While the complaint appears to acknowledge the clearly established law prong of qualified immunity, Ballard’s brief does not. … Vickers, 929 F.3d 1304, 1316 (11th Cir. 2019) (“[T]he qualified immunity analysis requires a clearly established right to be defined with specificity.”).
Cited 0 timesUnknown908 F. Supp. 125 · District Court, W.D. New York · Dec 6, 1995
“Under qualified immunity, a government official may claim immunity from suit only when in light of clearly established law and the information the official possesses, it was objectively reasonable for him to think that his … One basis upon which a qualified immunity defense can be established is by showing that the right allegedly violated was not clearly established at the time of the acts in question.
Cited 13 timesPublishedDistrict Court, E.D. Wisconsin · May 2, 2022
The defendants present no argument as to why they are entitled to qualified immunity. … Farnham, 394 F.3d 496, 485 (7th Cir. 2005) (rejecting qualified immunity defense because it is clearly established that refusing to provide an inmate with his inhaler while he was experiencing breathing problems was a constitutional
Cited 0 timesUnknown852 F. Supp. 2d 379 · District Court, S.D. New York · Feb 10, 2012
Qualified Immunity Qualified immunity protects officials from liability if “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” 30 The Second … lower courts, and that therefore Earley’s holding was not clearly established, has been the linchpin of their continued success in obtaining qualified immunity.
Cited 15 timesPublished
Ask Donna