Case law

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.

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

Scarpino v. Grosshiem

852 F. Supp. 798 · District Court, S.D. Iowa · Apr 13, 1994

Qualified immunity. Defendants assert they are entitled to qualified immunity as to the individual plaintiffs’ claims for damages. … Qualified immunity from liability for civil damages is available if the law as it applied to the relevant facts was not clearly established and if a reasonable official could have believed his or her conduct was lawful.

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.

Tommy D. Hopkins v. John L. Saunders

Court of Appeals for the Eighth Circuit · Aug 23, 1996

Qualified Immunity Under the doctrine of qualified immunity, government officials are generally immune from suit in performing discretionary duties if "their conduct does not violate clearly established statutory … The district court determined, however, that the right to such a hearing was clearly established by section 105.055 and thus denied the officials qualified immunity. We disagree.

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.

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 —

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.”).

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.

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

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

High v. Fuchs

74 F. App'x 499 · Court of Appeals for the Sixth Circuit · Aug 25, 2003

prohibited and, and therefore, qualified immunity was improper. … We have established that there are two ways in which a plaintiff seeking to overcome the bar of qualified immunity can show that a right was clearly established in the law at the time the alleged violation occurred.

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.

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.

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.

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.'"

Bruning v. Pixler

949 F.2d 352 · Court of Appeals for the Seventh Circuit · Nov 15, 1991

Fitzgerald, 457 U.S. 800 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982), the Court adopted an objective standard for qualified immunity. … alleged conduct violated the law and that that law was clearly established when the alleged violation occurred."

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.