Case law

JONES v. United States

District Court, D. New Jersey · Nov 26, 2024

Step One of the Qualified Immunity Doctrine and Deliberate Indifference to Serious Medical Needs The two-prong test for qualified immunity considers whether the facts … Qualified immunity protects a government official from civil liability and suit “insofar as [his] conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known

Ward v. Brown

District Court, N.D. Illinois · May 3, 2022

As to the second part of the qualified immunity analysis, the right Brown is accused of violating was clearly established long before the September 2017 fight that gave rise to this case. … violated a clearly established right.”).

Tygrett v. City and County of Denver a/k/a Denver Water

District Court, D. Colorado · Feb 26, 2020

Qualified Immunity The doctrine of qualified immunity protects from litigation a public official whose possible violation of a plaintiff’s civil rights was not clearly … that any constitutional violation was grounded in then- extant clearly established law.”

McCall v. Williams

52 F. Supp. 2d 611 · District Court, D. South Carolina · May 19, 1999

Although the right to due process of law, for example, is quite clearly established, the qualified immunity analysis law is not “to be applied at this level of generality.” Anderson v. … The court notes that the Kopf case, upon which the Vathekan court relied for its clearly established law, did not involve an assertion of the qualified immunity defense.

Leonard v. St. Charles County Police Department

District Court, E.D. Missouri · Nov 5, 2021

The doctrine of qualified immunity shields officials from civil liability when their conduct “does not violate clearly established statutory or constitutional rights of which a reasonable person would have … Further, to overcome qualified immunity, precedent must have clearly established that each Individual Defendant’s own actions “in the particular circumstances” at issue violated Plaintiff’s Fourth Amendment rights.

Morales Mancia v. Elam

District Court, W.D. Virginia · Sep 13, 2021

The doctrine of qualified immunity shields government officials from civil damages liability “so long as their conduct ‘does not violate clearly established statutory or constitutional rights of which a … To determine whether the law was clearly established for qualified immunity purposes, a court “‘ordinarily need not look beyond the decisions of the Supreme Court, [the] court of appeals, and the highest court of the state

Hubbard v. Stout

District Court, W.D. Arkansas · Apr 23, 2018

Defendants are therefore not entitled to qualified immunity. Jones v. … Having found that the facts do not make out a constitutional violation, Defendants are entitled to qualified immunity. See, e.g., Krout v.

Apothio, LLC v. Kern County

District Court, E.D. California · Mar 27, 2023

immunity. … that was clearly established at the time of Defendant’s alleged 14 misconduct).

Clark v. Stone

District Court, W.D. Kentucky · Jul 28, 2020

In the qualified immunity context, when determining whether a right is truly clearly established, a court must consider the “specific context of the case” and avoid construing rights too generally. Saucier v. … It is enough that such a right, even if it does exist in the Sixth Circuit, is not clearly established. Accordingly, Defendants are entitled to qualified immunity on this claim.

EIVICH v. EAST GREENWICH TOWNSHIP

District Court, D. New Jersey · Aug 12, 2025

Beyond reciting the standard for qualified immunity and reiterating their argument as to why the excessive force should be dismissed, defendants do not expressly argue how or why Robostello 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

Forsyth v. Kleindienst

551 F. Supp. 1247 · District Court, E.D. Pennsylvania · Nov 12, 1982

If the law was clearly established, the immunity defense ordinarily should fail, since a reasonably competent public official should know the law governing his conduct. … Under the Harlow standard, a government official is immune from suit if the law was not clearly established at the time of the official’s allegedly wrongful conduct.

Turner v. Thomas

313 F. Supp. 3d 704 · District Court, W.D. Virginia · May 29, 2018

Because I find this duty is not "clearly established," his claims are barred by qualified immunity. … Qualified Immunity The individual Defendants argue they are entitled to qualified immunity, a doctrine that protects government officials from damages lawsuits when their actions did not violate clearly established law.

Montgomery v. Lore

District Court, D. Colorado · Aug 17, 2022

Defendant argues for dismissal of all claims on the grounds of qualified immunity, as Plaintiff fails to cite to clearly established law and cannot show that Defendant did not have reasonable suspicion. … CONCLUSION Defendant should be entitled to qualified immunity because he possessed reasonable suspicion, and Plaintiff has failed to cite to clearly established law.

Benner v. Saint Paul Public Schools, I.S.D. 625

District Court, D. Minnesota · May 6, 2019

Gruenewald’s Qualified Immunity Defense With respect to Principal Gruenewald – the “individual defendant” – Defendants argue that, because there is no “clearly established legal right to be free … speech in these circumstances was clearly established”).

Irwin v. Santiago

District Court, N.D. Texas · Jan 8, 2021

Nonetheless, because Irwin has not demonstrated that they violated clearly established law, the Court grants summary judgment to the Defendant–Officers based on qualified immunity.4 1. … The Defendant–Officers did not violate clearly established law.

James v. Lee

District Court, S.D. California · Aug 1, 2020

Qualified Immunity 21 “Qualified immunity attaches when an official’s conduct does not violate clearly 22 established statutory or constitutional rights of which a reasonable … “Qualified immunity attaches when an official’s conduct does not violate 17 clearly established statutory or constitutional rights of which a

Bates v. Rowe

District Court, N.D. Texas · Jun 27, 2023

After the issue of qualified immunity is ' Defendants have each appeared in this case and asserted the affirmative defense of qualified immunity. (See Dkt. Nos. 32, 33, 34.) … .”); see also Backe, 691 F.3d at 648 (explaining that “this court has established a careful procedure under which a district court may defer its qualified immunity ruling if further factual development is necessary to

Herndon v. Henderson Police Department

District Court, D. Nevada · Sep 23, 2023

Defendants are nonetheless entitled to 8 qualified immunity because Plaintiff has not demonstrated that the right was clearly 9 established. … to be clearly established.

Pinkins v. City of Racine

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

The use of such force establishes a constitutional violation, and if the right violated was clearly established at the time of the officer’s actions, then qualified immunity does not attach. … If one view of the disputed facts could lead a jury to conclude that an officer violated a clearly established constitutional right, the officer may not seek qualified immunity based on an alternative, more advantageous

Long v. Boucher

District Court, D. Utah · Nov 24, 2020

To overcome this defense, a plaintiff must establish that the officer asserting qualified immunity “violated a federal statutory or constitutional right” and that “the unlawfulness of [her] conduct was clearly established … The court must accordingly turn to whether Detective Boucher is entitled to qualified immunity on the ground that her actions were objectively reasonable in light of the legal rules that were clearly established at the