Case law

Backlund v. Barnhart

778 F.2d 1386 · Court of Appeals for the Ninth Circuit · Dec 17, 1985

that those rights were clearly established at the time of the conduct at issue. 23 See also Harlow v. … Davis extended the rule of qualified immunity to state officials. 104 S.Ct. at 3020 n. 12.

Porter v. Daggett County

District Court, D. Utah · Feb 24, 2022

Jerry Jorgensen is entitled to qualified immunity because Plaintiffs have not shown that his actions violated clearly established law. … As discussed above when addressing qualified immunity,189 the Plaintiffs have not identified any clearly established law that demonstrates that Jorgensen must have known that his actions were clearly unlawful when he took

Service Employment Redevelopment v. Fort Worth Independent School District

Texas Court of Appeals, 2nd District (Fort Worth) · Mar 3, 2005

code did not clearly and unambiguously waive school district’s immunity from suit); City of Dallas v. … provides the “requisite clarity to establish a waiver of immunity from suit”). 8: San Antonio ISD , 2004 WL 2450919 , at *2-3 (mem. op.)

Aaron Spann v. Police Officer A.G. Rainey, Aaron Spann v. A.G. Rainey, Police Officer, A.G. Rainey, Police Officer

987 F.2d 1110 · Court of Appeals for the Fifth Circuit · Mar 25, 1993

As a police officer, Rainey is immune from both suit and liability unless it is shown that, at the time of the incident, he violated a clearly established constitutional right. Salas v. … objectively reasonable in light of clearly established law in 1987.

Charles Brumitt v. Sam Smith

102 F.4th 444 · Court of Appeals for the Seventh Circuit · May 20, 2024

circumstances was ‘clearly established.’” … denying qualified immunity.

Corrigan v. District of Columbia

District Court, District of Columbia · Aug 25, 2015

that were clearly established at the time.’” … Glover did not violate any clearly-established right under the Fourth Amendment, all three individual defendants are entitled to qualified immunity under the second prong of the Saucier test.

Irish v. Fowler

979 F.3d 65 · Court of Appeals for the First Circuit · Nov 5, 2020

was clearly established. … their conduct was 'clearly established at the time.'"

Clay Blanchard v. City of Des Moines

Court of Appeals of Iowa · Dec 4, 2024

immunity available to the [City].” … Those questions are to be resolved early because qualified immunity not only serves as protection from liability—it protects government defendants from the risks and distractions of trial as well. See Harlow v.

Morgan v. Swanson

659 F.3d 359 · Court of Appeals for the Fifth Circuit · Sep 27, 2011

not clearly established, we address step two of the qualified-immunity inquiry first. … IV We hold today that the principals are entitled to qualified immunity because clearly established law did not put the constitutionality of their actions beyond debate.

Scott v. Sisolak

District Court, D. Nevada · Sep 2, 2023

2 court should resolve that threshold question [of qualified immunity] before permitting 3 discovery”); Mitchell v. … Forsyth, 472 U.S. 511, 526 (1985) (holding that when a plaintiff's 4 allegations fail to “state a claim of violation of clearly established law, a defendant pleading 5 qualified immunity is entitled to dismissal

Dale v. Kelley

908 F. Supp. 125 · District Court, W.D. New York · Dec 6, 1995

“Under qualified immunity, a government official may claim immunity from suit only when in light of clearly established law and the information the official possesses, it was objectively reasonable for him to think that his … One basis upon which a qualified immunity defense can be established is by showing that the right allegedly violated was not clearly established at the time of the acts in question.

Michael J. Gorra v. Floyd Hanson, Patrick Chase, Minnesota State Highway Patrol, an Agency or Division of the State of Minnesota

880 F.2d 95 · Court of Appeals for the Eighth Circuit · Jul 24, 1989

DISCUSSION A law enforcement officer is shielded by qualified immunity from civil liability if the officer “[did] not violate clearly established statutory or constitutional rights of which a reasonable person would have … The objective legal reasonableness of the troopers’ conduct must be evaluated in *98 light of law that was clearly established when the arrest occurred. Harlow, 457 U.S. at 818 , 102 S.Ct. at 2738 .

Hutchins v. McKay

285 F. Supp. 3d 420 · District Court, District of Columbia · Jan 16, 2018

No principle of qualified immunity will protect them. Second, the undisputed facts of record will not support an invocation of qualified immunity based on the "community caretaking" exception to the Fourth Amendment. … Nevertheless, he concluded that, given the "nebulous" boundaries of the exception, the officers had qualified immunity, as a reasonable officer would not have known, in that factual context, that he was violating a clearly

Engleman v. Deputy Murray

546 F.3d 944 · Court of Appeals for the Eighth Circuit · Nov 17, 2008

a clearly established right. … The Supreme Court has clearly stated that in establishing qualified immunity, the test must be applied at a level of specificity that approximates the actual circumstances of the case. Anderson v.

Lusk v. Arne

District Court, E.D. Wisconsin · May 2, 2022

The defendants present no argument as to why they are entitled to qualified immunity. … Farnham, 394 F.3d 496, 485 (7th Cir. 2005) (rejecting qualified immunity defense because it is clearly established that refusing to provide an inmate with his inhaler while he was experiencing breathing problems was a constitutional

Rohan for Rohan v. Exxon Corp.

896 F. Supp. 666 · District Court, S.D. Texas · Aug 7, 1995

Thus, DOHSA clearly supplies the applicable law in this wrongful death case. In Miles v. … The same analysis applies to claims for mental anguish, which are clearly non-pecuniary in nature.

Bentley v. Dennison

852 F. Supp. 2d 379 · District Court, S.D. New York · Feb 10, 2012

Qualified Immunity Qualified immunity protects officials from liability if “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” 30 The Second … lower courts, and that therefore Earley’s holding was not clearly established, has been the linchpin of their continued success in obtaining qualified immunity.

BALLARD v. DAVIS

District Court, M.D. Georgia · Sep 26, 2025

While the complaint appears to acknowledge the clearly established law prong of qualified immunity, Ballard’s brief does not. … Vickers, 929 F.3d 1304, 1316 (11th Cir. 2019) (“[T]he qualified immunity analysis requires a clearly established right to be defined with specificity.”).

Martha Romero v. City of Grapevine, Texas

888 F.3d 170 · Court of Appeals for the Fifth Circuit · Apr 20, 2018

. § 1983 on the basis of qualified immunity. For the reasons stated below, we AFFIRM. … because the right, defined at a fact specific level, was not clearly established at the time of the violation.

Massachusetts Furniture & Piano Movers Association, Inc. v. Federal Trade Commission

773 F.2d 391 · Court of Appeals for the First Circuit · Sep 30, 1985

Moreover, the FTC argues, both the Commission and the AU applied the Midcal standard to the facts of this case and found that the Association failed to establish a clearly articulated Massachusetts policy to promote anti-competitive … Accordingly, the Association met its first burden in establishing Parker immunity. 7 In order to be immunized from antitrust liability under Parker , the Association must also satisfy the second prong of the Midcal test —