Case law

Sanchez v. County of Sacramento

District Court, E.D. California · Sep 25, 2023

The Court agrees with Defendants that there is no clearly established law and thus 4 Allbee is entitled to qualified immunity. … However, the “clearly established” standard applies to federal 5 qualified immunity; under California’s Bane Act, the “clearly delineated” standard 6 governs, which is different.

Maye v. New Haven

District Court, D. Connecticut · Jan 24, 2023

The qualified immunity decisions Defendants cite as the “controlling decisions” were the law on qualified immunity when the deadline for dispositive motions passed. … City of New York, 374 F.3d 93, 108 (2d Cir. 2004) (“The matter of whether a right was clearly established at the pertinent time is a question of law.”) (citing cases).

Vasquez v. Davis

226 F. Supp. 3d 1189 · District Court, D. Colorado · Dec 28, 2016

Duty & Qualified Immunity a. … The “clearly established” element of the qualified immunity analysis would not require a specific case about vomiting blood before CDOC officials could be held liable. Cf.

Ragland v. City of New York

District Court, S.D. New York · Feb 25, 2022

In addition, with respect to the defense of qualified immunity under federal law, or governmental immunity under New York Law, a jury could conclude that the Defendants’ decision to search and arrest Plaintiff under such … City of New York, 478 F.3d 76, 87 (2d Cir. 2007) (“Under federal law, a police officer is entitled to qualified immunity where (1) his conduct does not violate clearly established statutory or constitutional rights of

Hernandez v. City of Rochester

260 F. Supp. 2d 599 · District Court, W.D. New York · Apr 30, 2003

clearly established law.” … Katz, 533 U.S. 194 , 200, 121 S.Ct. 2151 , 150 L.Ed.2d 272 (2001). 9 *613 To establish a qualified immunity defense, then, defendants must show either “(a) the defendant’s action did not violate clearly established law, or

33 Seminary LLC v. City of Binghamton

120 F. Supp. 3d 223 · District Court, N.D. New York · Jul 28, 2015

Absolute and Qualified Immunity Defendants also argue that even if they violated Plaintiffs’ constitutional rights, they are entitled to qualified immunity in their individual capacities because they did not violate a clearly … Defendants unreasonably violated a clearly established right of Plaintiffs.

Robinson v. White

District Court, E.D. Michigan · Oct 25, 2024

Defendant’s second argument on qualified immunity roughly equates to: even if there was a constitutional violation here, the individual officers are entitled to qualified immunity for reasonable but … not be entitled to qualified immunity.

Thompson v. City of Dallas

District Court, N.D. Texas · Sep 24, 2024

“The reasonableness of the official’s conduct and the degree to which the particular right in question was clearly established are thus merged into one issue for purposes of the qualified immunity analysis.” … And, if evidence did, Thompson has not carried his burden as to qualified immunity’s clearly established prong to the extent that he relies on “Cole v.

Wood v. State of Utah

District Court, D. Utah · Jan 3, 2025

qualified immunity. … Qualified Immunity Qualified immunity shields state officers from civil liability if their conduct “does not violate clearly established statutory or constitutional rights

Makris v. Salem, NH

District Court, D. New Hampshire · Oct 29, 1998

established under the Fourth or Fourteenth Amendments, the police officers are entitled to qualified immunity. … Like the Aversa court, this court will bypass the issue of qualified immunity because current law forecloses the claim on the merits, making it unnecessary to engage in qualified immunity analysis. 3.

Sodaro v. City and County of Denver

District Court, D. Colorado · Oct 7, 2024

“Officers named in a § 1983 action may raise a defense of qualified immunity, which shields public officials . . . from damages actions unless their conduct was unreasonable in light of clearly established law.” … Woodward, 912 F.3d 1278, 1299 (10th Cir. 2019) (holding all defendants, including supervisors, were entitled to qualified immunity where Fourth Amendment § 1983 claim failed at clearly established law prong).

Hamilton

District Court, D. Oregon · Feb 17, 2026

“Qualified immunity attaches when an official’s conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” White v. … Tucker, 28 F.4th 54, 64 (9th Cir. 2022) (“A government officer is nevertheless entitled to qualified immunity if the plaintiff’s rights were not clearly established at the time of the alleged misconduct.”).

PRATT v. ANN KLEIN FORENSIC CENTER

District Court, D. New Jersey · Sep 18, 2019

established right.” … App’x 142, 144 (3d Cir. 2006) (“Because there is a genuine issue of fact as to whether [defendant] was deliberately indifferent, he has not carried his burden to establish that he is entitled to qualified immunity.”); Carter

Booher v. Wakefield

District Court, M.D. Pennsylvania · Aug 26, 2025

The doctrine of qualified immunity protects government officials from liability for civil damages “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … the right was clearly established.

Watson v. Pearson

338 F. Supp. 3d 711 · District Court, E.D. Tennessee · Sep 6, 2018

Qualified Immunity Qualified immunity protects government officials from liability for civil damages when their conduct does not violate a clearly established statutory or constitutional right. Greer v. … Whether the Rights at Issue Were Clearly Established Although defendants violated plaintiff's Fourth Amendment right, they are entitled to qualified immunity because that right was not clearly established.

CORDERO v. KELLEY

District Court, D. New Jersey · Apr 20, 2023

Defendants contend they are entitled to qualified immunity because there is no law that clearly established that a prison cannot limit bulk religious mailings sent directly to an inmate through the prison mailroom … Qualified immunity protects government officials “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have

Klump v. Nazareth Area School District

425 F. Supp. 2d 622 · District Court, E.D. Pennsylvania · Mar 30, 2006

Therefore, each defendant would be entitled to qualified immunity unless she violated a clearly established constitutional right of plaintiff Christopher Klump. In other words, there is a two-part test. … Further, even if the defendants did violate Christopher Klump’s constitutional rights, they would have qualified immunity if the constitutional right were not clearly established.

(PC) Taylor v. Commissioner of the California Department of Corrections and Rehabilitation

District Court, E.D. California · Nov 3, 2022

clearly established statutory or 7 constitutional rights of which a reasonable person would have known.” … If the law 21 did not put the officer on notice that his conduct would be clearly unlawful, summary judgment 22 based on qualified immunity is appropriate.

Gore

District Court, D. Utah · Oct 23, 2025

to this action and then they can raise the qualified immunity defense themselves.”). … Antoine, 508 U.S. at 432 (“The proponent of a claim to absolute [judicial] immunity bears the burden of establishing the justification for such immunity.”). 38 Obeslo, 2017 U.S. Dist.

Niewolak v. CITY OF HIGHLAND PARK, MI

District Court, E.D. Michigan · Sep 18, 2020

“Qualified immunity is an affirmative defense shielding governmental officials from liability as long as their conduct ‘does not violate clearly established statutory or constitutional rights of which a reasonable … City of Troy, 247 F.3d 633, 641 (6th Cir. 2001) (the right to be free from “excessively forceful handcuffing” is clearly established for qualified immunity purposes).