Case law

Davis v. City of Covington

District Court, E.D. Kentucky · May 13, 2024

Under federal law, “[t]he doctrine of qualified immunity insulates public officials from liability under 42 U.S.C. § 1983 unless the caselaw existing at the time of their actions clearly established that they violated the … And as a matter of law, Lusardi is entitled to qualified immunity regarding this use of force because Davis has again failed to carry his burden of demonstrating that Lusardi’s conduct was clearly established as having

THOMPKINS v. MCKEESPORT POLICE DEPARTMENT

District Court, W.D. Pennsylvania · Mar 31, 2025

A police officer, as a government official, is entitled to qualified immunity from a § 1983 suit unless the officer’s conduct violates a plaintiff’s clearly established constitutional rights or they were plainly incompetent … defendant’s conduct violated a clearly established constitutional right.”).

Martinez v. City of New York

District Court, E.D. New York · Jul 19, 2023

Defendants further argued that they are entitled to qualified immunity on this claim, both because there exists no clearly established law that a failure to provide medical attention for Plaintiff’s asserted injury rises … The relevant case law need not be factually identical to the case at issue in order to be “clearly established” for purposes of qualified immunity, and officials “can still be on notice that their conduct violates established

Mancuso v. Douglas Elliman, LLC

808 F. Supp. 2d 606 · District Court, S.D. New York · Aug 24, 2011

When analyzing this prong of a prima facie case, courts have used as a starting point the applicable criteria that the owner has established regarding who is “qualified.” … Other cases, including some cited by plaintiffs, have also used relevant criteria that the owner established in analyzing the “qualified” prong. See, e.g., Mencer v.

Rosa v. Bonk

District Court, D. Colorado · Aug 19, 2024

“The law is clearly established when a Supreme Court or Tenth Circuit decision is on point, [though the decision need not be precisely on point] or if the clearly established weight of authority from other courts shows … Second, “the plaintiff must show that the right was clearly established at the time of the alleged unlawful activity.” Id. The Court may examine the two prongs of qualified immunity in either order. Pearson v.

Barrows v. Collins

District Court, W.D. Arkansas · Nov 15, 2019

Qualified Immunity The Court need not engage in a qualified-immunity analysis in this case, as it already found that none of Barrows’s claims amount to the deprivation of a constitutional right. … McNeese, 675 F.3d 1158, 1161 (8th Cir. 2012) (explaining that an official may be entitled to qualified immunity if the facts show that the plaintiff has been deprived of a constitutional right and that the right was clearly

Brick v. Estancia Municipal School District

District Court, D. New Mexico · Oct 20, 2020

violated a clearly established law. … However, the subjective good or bad faith of the actor is irrelevant to the question of whether a right is clearly established for purposes of qualified immunity, which is an objective inquiry. Pompeo v.

Masjid Muhammad-D.C.C. v. Keve

479 F. Supp. 1311 · District Court, D. Delaware · Oct 22, 1979

Patterson violated was not a “clearly established” right as that phrase has been used by the Supreme Court. … Navarette, and, as earlier noted, a public official who acts in good faith cannot be denied immunity under the teachings of that case in the absence of a clearly established constitutional right.

Alford v. Deffendoll

District Court, M.D. Tennessee · Jan 24, 2025

That case instructed, in pertinent part: Where a defendant moves for summary judgment based on qualified immunity, the plaintiff must first11 identify a clearly established right alleged to have been violated … established right) when trying to overcome a qualified immunity defense asserted in the defendant’s motion for summary judgment.

Clinton v. Perez

District Court, D. Connecticut · Jul 9, 2021

And even if there were such a right, in the absence of applicable Supreme Court or Second Circuit caselaw clearly establishing such a right, the Defendants would be entitled to qualified immunity against this claim. … Haslun, 598 F.3d 70, 73 (2d Cir. 2010) (“To overcome the defense of qualified immunity, a plaintiff must show both (1) the violation of a constitutional right and (2) that the constitutional right was clearly established

Rueb

District Court, D. Colorado · Nov 5, 2025

Once the defense of qualified immunity has been raised, “the onus is on the plaintiff to demonstrate ‘(1) that the official violated a statutory or constitutional right, and (2) that the right was “clearly established” … The Tenth Circuit has explained the “clearly established” prong of the qualified immunity analysis as follows: A clearly established right is one that is sufficiently

Martin v. City of Albuquerque

219 F. Supp. 3d 1081 · District Court, D. New Mexico · Nov 9, 2015

Qualified immunity shields government officials from liability where “their conduct does not violate clearly established statutory or constitutional rights *1086 of which a reasonable person would have known.” … Once the plaintiff has established the inference that the defendant’s conduct violated a clearly established constitutional right, a qualified immunity defense generally fails. See Cannon v.

Stinde v. Schoenbeck

District Court, S.D. Illinois · Sep 27, 2022

In general, qualified immunity shields “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 … Walker, 865 F.3d 544 (7th Cir. 2017) (denying qualified immunity to jail staff who were deliberately indifferent to plaintiff’s risk of suicide, holding that qualified immunity need not be litigated and established disease

Grieb

District Court, M.D. Florida · Jan 29, 2026

But under the doctrine of qualified immunity, a plaintiff must surmount a high bar: he must demonstrate that the officers violated a statutory or constitutional right that was “clearly established” at the time of the … Norrod, 106 F.3d 1289, 1299 (6th Cir. 1997) (concluding that an observing officer was entitled to qualified immunity because “there was no clearly established right being violated for which [he] had a duty to intervene

Gaddis v. Harrison

District Court, W.D. Kentucky · Nov 6, 2020

of qualified immunity. … City of Orlando, 407 F.3d 1152, 1159 (11th Cir. 2005)) (“A right may be clearly established for qualified immunity purposes . . .

Tomlinson v. Dallas Area Rapid Transit

District Court, N.D. Texas · Apr 19, 2021

In doing so, Lindsay and Sorrells asserted qualified immunity as an affirmative defense. See Dkt. No. 17 at 8; Dkt. No. 19 at 7- 8. … See Wicks, 41 F.3d at 994; Backe, 691 F.3d at 648 (“[T]his court has established a careful procedure under which a district court may defer its qualified immunity ruling if further factual development is necessary to

(PC) Gordon v. Cooper

District Court, E.D. California · May 1, 2025

Spencer, 336 F.3d 832, 835 (9th Cir. 2003), did not clearly establish a constitutional 1 right to privacy in juvenile records); A.C. v. Cortez, 398 F. Supp. 3d 748, 752 (S.D. … App’x 811, 812 (9th Cir. 2013) (holding social workers entitled to qualified 4 immunity because there was no clearly established constitutional “right to privacy” for juvenile 5 records even when disclosed to third parties

Markland v. Carter Co Sheriff Dept Swat Team Members

District Court, E.D. Tennessee · Aug 25, 2025

Clearly Established Right Even if Defendants violated Plaintiff’s Fourth Amendment rights, they are entitled to summary judgment on qualified immunity grounds. … To refute Defendants’ qualified immunity defense, Plaintiff bore the burden of demonstrating that the claimed right was clearly established. Ciminillo, 434 F.3d at 466; see also Mosier v.

Simpson v. Rivera

District Court, N.D. Ohio · Mar 21, 2023

In sum, qualified immunity hinges on: (1) whether there was a violation of a constitutional right, and (2) was that right clearly established at the time of the incident. Saucier v. … Ct. at 8 (exploring qualified immunity’s “clearly established” prong in the context of excessive force claim).

NEWBERG v. PENNSYLVANIA DEPARTMENT OF CORRECTIONS

District Court, E.D. Pennsylvania · Jul 2, 2025

Qualified Immunity Does Not Preclude Liability Because Plaintiff’s Rights Were Well-Established: The application of qualified immunity is inapplicable because … Qualified immunity does not preclude liability if the “official’s conduct violated a clearly established constitutional right.” Id. at 232.