Case law

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

Deutsch v. Jordan

618 F.3d 1093 · Court of Appeals for the Tenth Circuit · Aug 24, 2010

But a defendant may be entitled to appeal from a denial of a motion for summary judgment based on qualified immunity. Id. Qualified immunity is an immunity “from suit rather than a mere defense to liability.” … Deutsch’s testimony was on a matter of public concern, the law to that effect was not clearly established in the summer of 2008 (thus entitling her to qualified immunity).

Stella v. Davis County

District Court, D. Utah · Sep 14, 2022

ANALYSIS To overcome a qualified immunity defense, Plaintiffs must show “(1) a violation of a constitutional right, and (2) that the right was clearly established.” Prince v. … And, as noted above, that right was clearly established. Accordingly, Anderson is not entitled to qualified immunity. See Prince v.

Taylor v. Barkes

25 Fla. L. Weekly Fed. S 305 · Supreme Court of the United States · Jun 1, 2015

“Qualified immunity shields government officials from civil damages liability unless the official violated a statu- tory or constitutional right that was clearly established at the time of the challenged conduct.” … Because, at the very least, petitioners were not contraven- ing clearly established law, they are entitled to qualified immunity.

Puller v. Baca

781 F.3d 1190 · Court of Appeals for the Tenth Circuit · Mar 20, 2015

When a defendant asserts qualified immunity, as Detective Baca does here, the burden shifts to the plaintiff to establish (1) a violation of a constitutional right (2) that was clearly established. Id. … Ultimately, “the record must clearly demonstrate the plaintiff has satisfied his heavy two-part burden; otherwise, the defendant[] is entitled to qualified immunity.” Id.

Omar Ex Rel. Cannon v. Lindsey

334 F.3d 1246 · Court of Appeals for the Eleventh Circuit · Jun 26, 2003

PER CURIAM: This is an interlocutory appeal from the denial of a motion to dismiss on the grounds of qualified immunity.

Leroy Duffie v. City of Lincoln

834 F.3d 877 · Court of Appeals for the Eighth Circuit · Aug 23, 2016

“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 rights of which a reasonable person … A state official will be shielded by qualified immunity if (1) the plaintiff fails to allege or show that the official’s conduct violated a constitutional right or (2) the constitutional right was not “ ‘clearly established

Robert Wilson v. David Spain

Court of Appeals for the Eighth Circuit · Apr 5, 2000

established. … fell swoop 3 Since the right to be free from excessive force in the context of an arrest has been clearly established for some time, other circuits have simply held that, in excessive-force cases, the qualified-immunity

Ashker v. Schwarzenegger

339 F. App'x 751 · Court of Appeals for the Ninth Circuit · Jul 30, 2009

McGrath is therefore entitled to qualified immunity. See Brosseau v. … Haugen, 543 U.S. 194, 198 , 125 S.Ct. 596 , 160 L.Ed.2d 583 (2004) (holding officer entitled to immunity “[i]f the law at the time did not clearly establish that the officer’s conduct would violate the Constitution”).

Golino v. City of New Haven

761 F. Supp. 962 · District Court, D. Connecticut · Apr 18, 1991

, the issue of qualified immunity can be decided on a motion for summary judgment. … Accordingly, defendants’ motion for summary judgment on the basis of qualified immunity is denied. Whether defendants are entitled to qualified immunity is ultimately a question of law for the court to decide.

Coggins v. Buonora

776 F.3d 108 · Court of Appeals for the Second Circuit · Jan 13, 2015

In addition to his absolute immunity claims, Buonora also challenges on appeal the district court’s denial of qualified immunity.. … Qualified immunity protects public officials from civil liability only “if (a) the defendant’s action did not violate clearly established law, or (b) it was objectively reasonable for the defendant to believe that his action

Hydrick v. Hunter

466 F.3d 676 · Court of Appeals for the Ninth Circuit · Jun 1, 2006

To defeat qualified immunity, “the right allegedly violated must be defined at the appropriate level of specificity before a court can determine if it was clearly established.” Wilson v. … Thus, there are two bodies of law from which we might draw “clearly established” law for qualified immunity purposes: first, where the SVPs claim a violation of a right that is clearly established even in the prison context

Davis v. State

Nevada Supreme Court · May 14, 2014

Scherer, 468 U.S. 183, 197 (1984) (concluding that a § 1983 plaintiff bears the burden of overcoming the defendant's qualified immunity by showing that his constitutional rights were clearly … We therefore conclude that the district court did not err in finding that qualified immunity applied.

Chavez v. The Board of County Commissioners of the County of Chaves

District Court, D. New Mexico · Jan 31, 2020

basis of qualified immunity.” … The individual defendants assert that they are entitled to qualified immunity because the law is not clearly established. Mot. at 19–23 (relying on Springer v. Albin, 398 F.

McRaven v. Sanders

577 F.3d 974 · Court of Appeals for the Eighth Circuit · Aug 20, 2009

was clearly established at the time of the deprivation.” … The district court denied defendant-appellants qualified immunity. A detainee’s right to medical treatment is clearly established. Estelle, 429 U.S. at 104 , 97 S.Ct. 285 .

Jerry Lawler v. Hardeman Cnty., Tenn.

93 F.4th 919 · Court of Appeals for the Sixth Circuit · Feb 16, 2024

Qualified immunity shields public officials from the time and expense of a trial unless their actions infringed “clearly established” rules that a “reasonable person” would have understood. … The changes do not affect our resolution because Lawler’s father must overcome qualified immunity’s “clearly established” prong.

David Engel v. J. Wendl, Larry Brimeyer

921 F.2d 148 · Court of Appeals for the Eighth Circuit · Jan 31, 1991

The Court in Harlow established that in passing upon the issue of this qualified or “good faith” immunity, courts must apply an objective standard of reasonableness. Id.; Anderson v. … , Wendl and Brimeyer are not entitled to qualified immunity.

Jafet Castro-Reyes v. German Bosque

Court of Appeals for the Eleventh Circuit · Feb 6, 2026

Qualified Immunity “Qualified immunity offers complete protection for government officials sued in their individual capacities if their conduct ‘does not violate clearly established statutory … immunity under the clearly established law of this Circuit.

White v. Pauly

26 Fla. L. Weekly Fed. S 409 · Supreme Court of the United States · Jan 9, 2017

All three officers moved for summary judgment on qualified immunity grounds. … Qualified immunity attaches when an official's conduct " 'does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.' " Mullenix v.

Ashker v. Schwarzenegger

339 F. App'x 751 · Court of Appeals for the Ninth Circuit · Jul 30, 2009

McGrath is therefore entitled to qualified immunity. See Brosseau v. … Haugen, 543 U.S. 194, 198 , 125 S.Ct. 596 , 160 L.Ed.2d 583 (2004) (holding officer entitled to immunity “[i]f the law at the time did not clearly establish that the officer’s conduct would violate the Constitution”).