Case law

Villot v. Varner

465 F. Supp. 2d 439 · District Court, E.D. Pennsylvania · Nov 29, 2006

The “clearly established Federal law” which governs ineffective- assistance of counsel claims is the two-pronged standard set forth in Strickland v. … Taylor, 529 U.S. 362, 363 , 120 S.Ct. 1495 , 146 L.Ed.2d 389 (2000) (stating that the “Strickland test qualifies as ‘clearly established Federal law, as determined by the Supreme Court’ ”).

Watkins v. City of St. Louis, Missouri

District Court, E.D. Missouri · Sep 28, 2022

The Individual Defendants argue that they are entitled to qualified immunity. “Qualified immunity shields government officials from liability in a § 1983 action unless their Burnikel v. … to qualified immunity.

DeNigris v. New York City Health & Hospitals Corp.

861 F. Supp. 2d 185 · District Court, S.D. New York · Mar 9, 2012

Qualified Immunity Defendants contend that Defendant Frisch is entitled to qualified immunity in her individual capacity. … Accordingly, a grant of qualified immunity is wholly inappropriate at this stage of the proceedings. *197 III.

Harvey v. City of Galveston

District Court, S.D. Texas · Jul 17, 2025

Hanna, 726 F.3d 631, 638 (5th Cir. 2013) (qualified immunity requires alleging a violation of a clearly established constitutional right at the time of the conduct). … Because the complaint plausibly alleges facts supporting a violation of clearly established right under the Fourteenth Amendment, Roy is not entitled to qualified immunity at this stage.

Estate of De'Angelo Brown v. West

District Court, E.D. Arkansas · Mar 30, 2022

Andrews, 972 F.3d 1007 (8th Cir. 2020) (examining when a right is clearly established for qualified immunity analysis). Moore, 514 F.3d at 760. … Andrews, 972 F.3d 1007 (8th Cir. 2020) (examining when a right is clearly established for qualified immunity analysis).

Tabb v. District of Columbia

District Court, District of Columbia · Mar 19, 2009

immunity. … that right was clearly established — in either order).

Borton v. City of Dothan

734 F. Supp. 2d 1237 · District Court, M.D. Alabama · Aug 24, 2010

Clearly Established Having found sufficient evidence of excessive force on the part of Officer Schulmerich, the court addresses the second prong of the qualified immunity inquiry concerning whether the constitutional right … was clearly established at the time of the tasing.

Chimelis v. County of Suffolk

District Court, E.D. New York · Feb 11, 2025

Qualified Immunity Government actors may invoke qualified immunity to shield themselves from liability for civil damages “‘when [their] conduct does not violate clearly … Qualified Immunity Police Defendants then assert qualified immunity for Plaintiff’s excessive force claim because they contend that there is no “clearly established law

Durstein v. Alexander

District Court, S.D. West Virginia · Sep 20, 2022

Qualified Immunity Although qualified immunity is expansive, a government official “who performs an act clearly established to be beyond the scope of his discretionary authority … However, “in considering whether constitutional rights were clearly established for qualified-immunity purposes, we view the issue from ‘the layman’s perspective.’” Bland v.

Quintanilla v. Bryson

District Court, S.D. Georgia · Mar 20, 2020

Under the Eleventh Circuit’s framework for applying this step of the qualified immunity analysis, a plaintiff must show that the allegedly violated right was “clearly established” in one of three ways. … Irvin, 496 F.3d 1189, 1209 (11th Cir. 2007) (district court erred in denying qualified immunity where plaintiff did not show law was clearly established). The Court’s own research has likewise revealed none.

SANDERS

District 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.

Roe v. Johnson County

District Court, N.D. Texas · Feb 1, 2021

No. 284—is needed to establish that Blankenship is not entitled to qualified immunity. … Jan. 18, 2021) (Under the clearly-established prong, “‘the dispositive question is whether the violative nature of particular conduct is clearly established.’

Roe v. Johnson County

District Court, N.D. Texas · Feb 18, 2021

No. 284—is needed to establish that Blankenship is not entitled to qualified immunity. … Jan. 18, 2021) (Under the clearly-established prong, “‘the dispositive question is whether the violative nature of particular conduct is clearly established.’

Collins v. County of Alameda

District Court, N.D. California · May 3, 2021

Abbey, 263 F.3d 1070, 1074-75 8 (9th Cir. 2001) (in discussing qualified immunity, noting that “there is a clearly established 9 constitutional due process right not to be subjected to criminal charges on the basis … (if this was a prosecutorial decision) or at least qualified immunity (e.g., if she did not know the 15 full circumstances related to the second photo lineup).

Santor v. Laster

District Court, E.D. California · Aug 25, 2020

Qualified Immunity 2 Qualified immunity applies when an official’s conduct does not violate clearly established 3 statutory or constitutional rights of which a reasonable person would have known. White v. … City of Roseville, 882 F.3d 843, 856-57 (9th Cir. 2018) (noting that Ninth Circuit precedent is 15 sufficient to meet the “clearly established” prong of qualified immunity).

ARREY

District Court, E.D. Pennsylvania · Nov 10, 2025

“An official sued under § 1983 for an alleged constitutional violation is entitled to qualified immunity unless [the official] (1) violated a constitutional right that (2) was clearly established when he acted.” … So, Zebley is entitled to qualified immunity “if a reasonable officer could have believed that probable cause existed” to arrest the Arrey “in light of clearly established law and the information the [arresting] officers

Allen v. City of New York

480 F. Supp. 2d 689 · District Court, S.D. New York · Mar 27, 2007

Defendants are entitled to qualified immunity “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … that were clearly established at the time it was taken.”

KIRBY v. BOROUGH OF WOODCLIFF LAKE

District Court, D. New Jersey · Aug 20, 2024

To overcome qualified immunity Plaintiff must establish “(1) that the official violated a statutory or constitutional right, and (2) that the right was ‘clearly established’ at the time of the challenged conduct.” … Because there are no material facts in dispute that support that Plaintiff’s clearly established rights were violated, Defendants are entitled to qualified immunity.

Manna v. Cribari

District Court, D. Colorado · Jan 27, 2020

Early last year, the Supreme Court issued an opinion addressing the “clearly established” prong of a qualified immunity defense for a Fourth Amendment claim, in which the Court re- emphasized that “the clearly established … district court to rebut qualified immunity” and “[b]ecause Plaintiffs did not proffer clearly established authority that Ms.

Woodward Harbor LLC v. City of Mandeville

District Court, E.D. Louisiana · Mar 27, 2025

Sucette fails to plead facts sufficient to overcome the “clearly established” prong of Zuckerman’s qualified-immunity defense. “The ‘clearly established’ prong is difficult to satisfy.” Id. at 191 (citing Morrow v. … of clearly established law for qualified immunity analysis.”