Case law

Mary Stewart v. City of Euclid

970 F.3d 667 · Court of Appeals for the Sixth Circuit · Aug 14, 2020

Further, even if Rhodes violated Stewart’s constitutional rights, it held those rights were not clearly established as required to deny qualified immunity. … established and that, therefore, Rhodes is not entitled to qualified immunity.

Wigginton v. The University of Mississippi

District Court, N.D. Mississippi · Mar 10, 2021

Examining the defense of qualified immunity requires a determination as to whether Defendants’ conduct violated “clearly established law.” … Berliner, 770 F.3d 196, 205 (2d Cir. 2014) (“Few issues related to qualified immunity have caused more ink to be spilled than whether a particular right has been clearly established.”).

Barbara Walton, Individually and as Next Friend of Courtney Walton and Kamara Walton v. City of Southfield, Keith Birberick, Robert Castleman

995 F.2d 1331 · Court of Appeals for the Sixth Circuit · Jun 10, 1993

However, if genuine issues of material fact exist as to whether the defendants actually did commit acts that would violate a clearly established right, then summary judgment on qualified immunity is improper. Poe v. … The court denied qualified immunity to both officers because of the department policy on searches. Officer Castleman clearly was entitled to qualified immunity.

Dawn E. Carter, Now Known as Dawn E. Trojaovich v. Randall Simpson, Now Known as Dudley Randall R. Simpson

328 F.3d 948 · Court of Appeals for the Seventh Circuit · May 13, 2003

The district court granted summary judgment for Simpson, concluding that Simpson had immunity for any alleged negligent conduct and that Simpson’s conduct could qualify as neither willful and wanton nor a deprivation of substantive … Illinois case law is unclear on what conduct by a driver of an emergency vehicle may qualify as willful and wanton.

Oona, R.-S.-, a Minor, by Kate S., Her Guardian, Kate S. And Ken R. v. Patricia McCaffrey Gerald Hill Ronald Lundy

143 F.3d 473 · Court of Appeals for the Ninth Circuit · May 5, 1998

A school counselor appealed from an order denying him qualified immunity on the ground that his alleged conduct in failing to take steps to stop sexual harassment violated clearly established rights under Title IX. … We said that in reviewing a denial of qualified immunity, this court has jurisdiction “ ‘only to decide if defendant’s conduct violated ... clearly established [law.]’” Petaluma, 54 F.3d at 1449 (quoting Pelletier v.

Deppe v. Sovinski

District Court, M.D. Florida · Feb 18, 2025

[may] be specific enough to establish clearly the law applicable to particular conduct and circumstances to overcome qualified immunity, even in the total absence of case[]law.” … of qualified immunity.”); Dolihite v.

Stickley v. SUTHERLY

667 F. Supp. 2d 664 · District Court, W.D. Virginia · Oct 30, 2009

Alternative *667 ly, Sutherly and Fauber maintain that they have qualified immunity because they did not violate clearly established federal law, and the Town maintains that neither Suth-erly nor Fauber had the final policymaking … “Qualified immunity shields government officials performing discretionary functions from personal-capacity liability for civil damages under § 1983, insofar as their conduct does not violate clearly established statutory

Gonzalez v. City of Elgin

578 F.3d 526 · Court of Appeals for the Seventh Circuit · Aug 20, 2009

Since the purpose of qualified immunity is to protect public officials from guessing about constitutional developments at their peril, the plaintiffs have the burden of showing that the constitutional right was clearly established … it would not violate clearly established rights.”

Fisher v. Moore

73 F.4th 367 · Court of Appeals for the Fifth Circuit · Jul 14, 2023

The school officials sought dismissal of the § 1983 claim on qualified-immunity grounds, arguing that the state-created danger doctrine was not clearly established in this circuit when the underlying events occurred. … “ha[s] not demonstrated a clearly established substantive due process right on the facts [she] allege[s].”14 The district court thus erred in denying qualified immunity to Appellants.

Roger Poole v. City of Shreveport

691 F.3d 624 · Court of Appeals for the Fifth Circuit · Aug 16, 2012

Marcantel, 567 F.3d 156, 169 (5th Cir.2009) (per curiam) (explaining that an arrestee had a clearly established right to be free from excessive force and that it was clearly established that the force officers could use in … Within this qualified immunity inquiry, the parties dispute only whether Stalnaker’s and Creighton’s respective uses of force were clearly excessive and clearly unreasonable. These inquiries are often intertwined.

Mockeridge v. Harvey

District Court, E.D. Michigan · Feb 7, 2024

established Supreme Court and Sixth Circuit precedent to divest these Government Official Defendants of qualified immunity. … Callahan, 555 U.S. 223, 232–36 (2009) (affirming the two prongs of qualified immunity—a violation of the constitution and clearly established law—but allowing courts to analyze these prongs in whichever order they choose

Irma Woodward v. City of Tucson

870 F.3d 1154 · Court of Appeals for the Ninth Circuit · Sep 15, 2017

We also reverse the district court’s denial of qualified immunity regarding the seizure of and use of force on Duncklee, as it was not clearly established that the Defendants’ actions violated a constitutional right. … As we have said, the qualified immunity analysis has two prongs: (1) whether the facts alleged by the plaintiff establish that a constitutional right of his was violated; and (2) whether that right was “clearly established

O'Neal Johnson v. Ryan Edwards

Court of Appeals for the Seventh Circuit · Jan 27, 2026

In the context of qualified immunity, if probable cause is arguable, a plaintiff cannot show an officer violated her clearly established right to be free from arrest. … Merits aside, Johnson cannot overcome qualified immun- ity because he has not shown he had a clearly established right to be free from the unbelted car ride he suffered.

Anny Newman v. Commonwealth of Massachusetts, Appeal of Diana Burgin

884 F.2d 19 · Court of Appeals for the First Circuit · Aug 28, 1989

Well-established First Circuit precedent limits our review in this case to the issue of qualified immunity; 2. … to qualified immunity on that claim; 3.

K.D., a Minor, Through His Mother, Michelle Deason Michelle Deason, Individually v. County of Crow Wing Andy Galles City of Brainerd Michael Bestul

434 F.3d 1051 · Court of Appeals for the Eighth Circuit · Jan 18, 2006

Qualified immunity shields government officials from liability in civil lawsuits when “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … If a violation could be established on the facts alleged, we must then consider whether, in the specific context of the case, the right was clearly established. Id.

Lee v. GTE Florida, Inc.

226 F.3d 1249 · Court of Appeals for the Eleventh Circuit · Sep 13, 2000

None of Lee’s proffered evidence established that she was more qualified than Hines, let alone so clearly more qualified for the position than Hines that a reasonable juror could infer discriminatory intent from the comparison … Since Lee’s evidence at trial fell far short of establishing that she was clearly more qualified for the position than Hines, Lee did not meet her burden of establishing that Shaffer’s proffered reason for denying her

Bryant v. CEO DeKalb Co.

575 F.3d 1281 · Court of Appeals for the Eleventh Circuit · Jul 31, 2009

clearly established under § 1981. … Furthermore, even if Drew’s misguided interpretation of the “clearly established” prong of the qualified immunity test was correct, it is well-established in this circuit that claims for retaliation are cognizable pursuant

Hoffschneider v. Marshall

District Court, D. Colorado · Apr 14, 2023

See also Cummings, 913 F.3d at 1242 (declining to “reach the first prong of the qualified-immunity analysis” where the plaintiffs “failed to identify clearly- established law” as required under the second qualified immunity … Hoffschneider has failed to meet his burden on the “clearly established” qualified immunity prong, and therefore Defendants Marshall and Pound are entitled to qualified immunity on Mr.

Peggy Sigley v. City of Parma Heights

437 F.3d 527 · Court of Appeals for the Sixth Circuit · Feb 10, 2006

Qualified Immunity On appeal, Defendants argue, and the dissent asserts, that even if a constitutional violation occurred, Officer Mockler is entitled to qualified immunity. We disagree. … Qualified immunity protects government officials who perform discretionary functions from civil liability “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable

Thomas v. Bracey

940 S.W.2d 340 · Texas Court of Appeals, 4th District (San Antonio) · Feb 12, 1997

To grant immunity short of absolute privilege to communications relating to pending or proposed litigation, and thus subject an attorney to liability for defamation, might tend to lessen an attorney’s efforts on behalf of … The letter was clearly written in an effort to secure the rights of appellee’s client, the executor of the estate, in property and income belonging to the estate.