Case law

Cuomo

District Court, N.D. New York · Mar 24, 2026

Wright, 386 F.3d 432, 434, 436 (2d Cir. 2004) (describing a defendant’s burden of establishing a qualified immunity defense in a Rule 12(b)(6) motion as a “formidable hurdle”). … Sept. 17, 2013) (denying motion to dismiss on qualified immunity grounds where the defendant “only include[d] the legal standard for establishing qualified immunity and, in a conclusory manner, state[d] that the claims

BRASHER v. NEW JERSEY STATE PARK POLICE

District Court, D. New Jersey · Jan 30, 2025

Plaintiff also contends the Officer Defendants are not entitled to qualified immunity because their actions violated his clearly established rights. (Id. at 24–28.) … immunity because no facts demonstrate a violation of clearly established law.

ATHEISTS OF FLORIDA v. City of Lakeland, Fla.

779 F. Supp. 2d 1330 · District Court, M.D. Florida · Mar 15, 2011

Qualified Immunity Defendants also urge this Court to dismiss all claims against Lakeland Mayor Gow Fields because, at least according to Defendants, Defendant Fields enjoys qualified immunity from suit. … “Qualified immunity shields government officials who perform discretionary governmental functions from civil liability so long as their conduct does not violate any ‘clearly established statutory or constitutional rights

Normand v. Mississippi Department of Corrections

District Court, N.D. Mississippi · Aug 3, 2021

has clearly abrogated it.” … constitutional right, and (2) that the right was clearly established at the time of the challenged conduct.”

EFIRD v. ROCKINGHAM COUNTY SHERIFF SAMUEL SCOTT PAGE

District Court, M.D. North Carolina · Mar 31, 2025

Further, under Fourth Circuit precedent, where an officer is denied qualified immunity, he is likewise not entitled to public official immunity. See Bailey v. … Kennedy, 349 F.3d 731, 742 (4th Cir. 2003) (noting that North Carolina public official immunity is “unavailable to officers who violate clearly established rights”); Cooper v.

Wright v. Moore

District Court, S.D. Mississippi · Sep 14, 2021

conduct is clearly established.’” … that the law is clearly established”).

Hernandez v. County of Santa Clara

District Court, N.D. California · Dec 8, 2020

was clearly established at the time of the 11 alleged misconduct.” … 6 risk that [detainee] would imminently attempt suicide”). 7 Plaintiff argues that qualified immunity does not apply in this case because “custodial 8 safety” is a “clearly established right,”

Ketring v. City of Loveland, Ohio

District Court, S.D. Ohio · Jun 6, 2023

right was clearly established at the time of the offense. … Once a defendant raises the qualified immunity defense, the plaintiff has the burden of demonstrating a violation of a constitutional right and showing that the right was clearly established.

REDMON v. SHROPSHIRE

District Court, M.D. Georgia · Feb 23, 2022

establishing that Ford’s actions were unconstitutional, he is entitled to qualified immunity. … Callahan, 555 U.S. 223, 231 (2009) (“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

Banks v. Booher

District Court, M.D. Pennsylvania · Mar 5, 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 … Defendants do not explain their argument for qualified immunity, beyond asserting that plaintiffs’ claims do not violate a “clearly established right of Native American/Indigenous inmates to have

Wallisa v. City of Hesparia

369 F. Supp. 3d 990 · District Court, C.D. California · Mar 20, 2019

"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 person … The qualified immunity analysis involves two distinct steps, determining: (1) whether the facts alleged by a plaintiff make out a violation of a constitutional right; and (2) if so, whether the right was "clearly established

Fenn v. City of Truth or Consequences

District Court, D. New Mexico · Nov 6, 2019

immunity prong, and that Defendants Alirez and Apodaca are entitled to qualified immunity under the second “clearly established” prong. … Plaintiff’s failure to carry his burden of showing the law was clearly established entitles Defendants to qualified immunity. See Cox v.

Jones v. Milsteen

District Court, M.D. Pennsylvania · Jul 27, 2023

Finally, on the second prong of the qualified immunity analysis, Jones’ right to be free from excessive force was clearly established at the time of the violation, because a robust consensus of persuasive Court of Appeals … doctrine, and its contention that qualified immunity bars the claim is without merit.

Olmsted v. Douglas County

District Court, D. Oregon · Jul 31, 2023

Government officials are not entitled to qualified immunity if their conduct violates “clearly established statutory or constitutional rights of which a reasonable person would have known.” Rivas-Villegas v. … See Id. at 657 (“Our qualified-immunity cases illustrate the importance of drawing inferences in favor of the nonmovant, even when . . . a court decides only the clearly-established prong of the standard.”); Anderson, 477

Thompson v. Ohio State University

990 F. Supp. 2d 801 · District Court, S.D. Ohio · Jan 6, 2014

It is not necessarily true that the exact factual circumstances alleged in a given case must have been found to be a constitutional violation before a right can be “clearly established” for purposes of a qualified immunity … Salimbene’s claim of qualified immunity, it is clearly established that a public official’s retaliation against an individual for exercising First Amendment rights violates 42 U.S.C. § 1983 .

The Cloister East, Inc. v. New York State Liquor Authority

District Court, S.D. New York · Sep 28, 2021

”''® However, “[e]ven where the law is clearly established and the scope of an official’s permissible conduct is clearly defined, the qualified immunity defense also protects an official if it was objectively reasonable … “Qualified immunity is no immunity at all if ‘clearly established’ law can simply be defined” at such a high level of generality. /d.

Parks v. Blanchette

144 F. Supp. 3d 282 · District Court, D. Connecticut · Nov 4, 2015

Qualified Immunity Defendants argue that they are entitled to qualified immunity for the *300 retaliation and deliberate indifference claims 8 , because the rights at issue were not sufficiently clearly established at the … “A government official performing a discretionary function is entitled to qualified immunity provided his or her ‘conduct does not violate clearly established statutory or constitutional rights of which a reasonable person

Lankamer v. Lalley

District Court, N.D. Illinois · Sep 9, 2024

“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. … That right is clearly established.”); Snukis, 2022 WL 2305697, at *7 (denying qualified immunity at the motion to dismiss stage because “it was clearly established that Snukis had a Fourth Amendment right to prompt medical

WATERS v. SAEZ

District Court, D. New Jersey · Dec 15, 2020

Henry is also entitled to qualified immunity. See Reichle v. … that was clearly established at the time of the challenged conduct.”).

Coulter v. Butler

District Court, W.D. Oklahoma · Jul 15, 2025

“‘When a defendant raises a qualified immunity defense, the court must dismiss the action unless the plaintiff shows that (1) the defendant violated a statutory or constitutional right, and (2) the right was clearly established … “Law is clearly established ‘if a plaintiff (1) identifies an on-point Supreme Court or published Tenth Circuit decision or (2) shows the clearly established weight of authority from other courts has found the law to be