Case law

Kantamanto v. King

651 F. Supp. 2d 313 · District Court, E.D. Pennsylvania · Jul 2, 2009

Thus, the Court must turn to the remaining prong of qualified immunity analysis: “whether ... defendant [North] is entitled to qualified immunity on the grounds that his conduct did ‘not violate clearly established statutory … The fact that the right is clearly established, however, does not end the qualified immunity analysis in the First Amendment retaliation context.

Dolihite v. Maughon

74 F.3d 1027 · Court of Appeals for the Eleventh Circuit · Jan 23, 1996

The qualified immunity analysis requires the court to determine whether a defendant violated clearly established constitutional law. 21 In Harlow v. … is insufficient to clearly establish the law for purposes of overcoming the appellants’ qualified immunity claims in this ease. 23 In determining whether the appellants in this case are entitled to qualified immunity, we

C.M. v. Southeast Delco School District

828 F. Supp. 1179 · District Court, E.D. Pennsylvania · Jun 29, 1993

In order to obtain qualified immunity, each defendant must show that his conduct did “not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … Finally, defendants are not entitled to qualified immunity, because the kind of abuse alleged by plaintiff is a violation of *1192 clearly established constitutional rights, and because plaintiff makes sufficient allegations

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 —

Fredrick K. Koch v. Town of Brattleboro, Vermont, Sherwood D. Lake, Jr., and John Doe, Unidentified Brattleboro Police Officer

287 F.3d 162 · Court of Appeals for the Second Circuit · Mar 29, 2002

Because the law on that question is not clearly established, the Defendants are entitled to qualified immunity. Therefore, we AFFIRM the district court’s grant of summary judgment in favor of the Defendants. I. … Therefore, Koch cannot point to a “clearly established right” that Lake and Holbrook violated in order to break the officers’ qualified immunity and survive the summary judgment motion. 3.

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

Elder v. Holloway

510 U.S. 510 · Supreme Court of the United States · Feb 23, 1994

The doctrine of qualified immunity shields public officials like respondents from damages actions unless their conduct was unreasonable in light of clearly established law. … Davis , in short, concerned not the authorities a court may consider in determining qualified immunity, but this entirely discrete question: Is qualified immunity defeated where a defendant violates any clearly established

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.

Weyant v. Okst

101 F.3d 845 · Court of Appeals for the Second Circuit · Dec 3, 1996

In general, public officials are entitled to qualified immunity if (1) their conduct does not violate clearly established constitutional rights, or (2) it was objectively reasonable for them to believe their acts did not … That version is sharply disputed, and the matter of the officers’ qualified immunity therefore cannot be resolved as a matter of law.

Wagner v. Bay City Texas

227 F.3d 316 · Court of Appeals for the Fifth Circuit · Sep 27, 2000

as to how long the de- unreasonable excessive force in light of clearly fendants held Gutierrez on the ground, how established law. … summary established right has been violated judgment on their qualified immunity defenses.

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.'"

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

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.

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.”).