Case law

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.

Esparza v. Manley

District Court, E.D. Missouri · Feb 18, 2022

“Qualified immunity shields government officials from liability in a § 1983 action unless their conduct violates a clearly established right of which a reasonable official would have known.” Burnikel v. … established is sufficient for qualified immunity.

Winchester v. Cosaineau

404 F. Supp. 2d 1262 · District Court, D. Colorado · Dec 21, 2005

If the law is clearly established, the question becomes whether the defendant’s conduct was objectively reasonable in light of the clearly established law. Breidenbach v. Bolish, 126 F.3d 1288, 1291 (10th Cir.1997). B. … Accordingly, I find that Defendants are entitled to qualified immunity, and grant their Motion for Summary Judgment. IV.

Fisher v. Columbus

District Court, S.D. Ohio · Dec 11, 2024

Forsyth, 472 U.S. 511, 526 (1985) (“Unless the plaintiff's allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery … Fisher to “establish that [his] conduct violated a right so clearly established that any official in his position would have clearly understood that he was under an affirmative duty to refrain from such conduct.” Id.

Burnard v. Oregon Sate Hospital

District Court, D. Oregon · Oct 3, 2025

For that reason, assuming Plaintiffs somehow stated a claim, Defendants would still be entitled to qualified immunity. See Kisela v. … Hughes, 584 U.S. 100, 104 (2018) (“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.”)

Sims v. Morton

421 U.S. 908 · District Court, W.D. Pennsylvania · Apr 14, 1975

Mccarthy v. Mayo

827 F.2d 1310 · Court of Appeals for the Ninth Circuit · Oct 30, 1987

But a governmental official has immunity for discretionary acts so long as those acts do not violate a clearly established constitutional right. Harlow v. … Forsyth, 472 U.S. 511 , 105 S.Ct. 2806 , 86 L.Ed.2d 411 (1985) (qualified immunity available where the right violated was not clearly established at the time the act took place). 18 McCarthy alleges that the defendants' conspiracy

Harnage

District Court, D. Connecticut · Jun 15, 2026

“Qualified immunity shields federal and state officials from money damages unless a plaintiff pleads facts showing (1) that the official violated a statutory or constitutional right, and (2) that the right was ‘clearly … “‘Even if the right was clearly established,’ a court can still find a suit blocked by qualified immunity where ‘it was objectively reasonable for the officer to believe the conduct at issue was lawful.’”

Christopher Sample v. Jason Bailey

409 F.3d 689 · Court of Appeals for the Sixth Circuit · May 9, 2005

Clearly Established Right Having established that there was a constitutional violation, we turn to the second step of the qualified immunity analysis-whether the constitutional right at issue was clearly established. … to qualified immunity.

Hall v. Tollett

128 F.3d 418 · Court of Appeals for the Sixth Circuit · Oct 22, 1997

Under the doctrine of qualified immunity, "government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory … Whether the government official "is protected by qualified immunity turns on 'the objective legal reasonableness' of the action, assessed in the light of the legal rules that were 'clearly established' at the time the action

Pritchett v. Alford

973 F.2d 307 · Court of Appeals for the Fourth Circuit · Aug 19, 1992

Immunity may thus be established either on the basis that the right allegedly (or actually) violated was not at the time one “clearly established,” or that, though “clearly established” (and violated), it was one that a “ … But as earlier noted, a specific prior adjudication of right is not necessary to make it one “clearly established” for qualified immunity purposes.

Charles Wade v. Gordon Lewis

Court of Appeals for the Eleventh Circuit · Sep 17, 2021

Thus, he contends that the law was not clearly established, and the district court erred in denying him qualified immunity. … In reversing the district court’s denial of qualified immunity and analyzing whether there was clearly established law, we distinguished Aldridge.

Roland Edger v. Krista McCabe

Court of Appeals for the Eleventh Circuit · Oct 20, 2023

Hollowell, 59 F.3d 1203, 1206 (11th Cir. 1995) (explaining that the qualified immunity inquiry under “clearly established law” is whether there was “arguable probable cause”). … Where we part ways with the district court is on the issue of arguable probable cause or the “clearly established law” prong of the qualified immunity analysis.

Berry v. Texas Woman's University

District Court, E.D. Texas · Mar 25, 2021

on qualified immunity[.]” … “[G]eneral propositions of law defined at ‘high levels of generality’ are insufficient to define clearly established law for purposes of defeating qualified immunity.” Perniciaro v.

Russell v. Butcher

District Court, S.D. West Virginia · Jul 17, 2020

Barring a showing by Plaintiff that Defendants violated a “clearly established right or law” with respect to hiring, training, and developing procedures, Defendants are entitled to qualified immunity on claims involving … ” ; , 556 U.S. at 677 (“[i]n the context of determining whether there is a violation of a clearly established right to overcome qualified immunity, purpose rather than knowledge is required...”).

BARGE v. CITY OF ENGLEWOOD

District Court, D. New Jersey · Jul 31, 2025

Stated more generally: once the defendants have started things off by raising qualified immunity, who has to come forward and show what the “clearly established” law actually is? … If he does not come forward with sufficiently on-point indications that the relevant law is “clearly established,” then the defendant gets qualified immunity. See Davis v.

Branch v. Tunnell

937 F.2d 1382 · Court of Appeals for the Ninth Circuit · Jun 27, 1991

Tunnell is false and unsubstantiated. 8 On October 3, 1988, Tunnell moved to dismiss Branch's suit on grounds of qualified immunity, arguing that under the objective qualified immunity standard established by the Supreme … C 23 Under this heightened pleading standard, we conclude that Branch's complaint fails adequately to allege a violation of clearly established rights under Franks.

Sylvester v. Sacramento County Sheriff

Court of Appeals for the Ninth Circuit · Dec 19, 2025

Rowlands, 606 F.3d 646, 650 (9th Cir. 2010) (defendant is entitled to qualified immunity if his “‘conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known … Our rejection of qualified immunity on the pleadings does not preclude individual Defendants from asserting qualified immunity later, “[o]nce an evidentiary record has been developed through discovery.” O’Brien v.

Paul Stephens v. Nick Degiovanni, individually

852 F.3d 1298 · Court of Appeals for the Eleventh Circuit · Mar 30, 2017

Qualified Immunity “Qualified immunity shields government officials from liability for civil damages for torts committed while performing discretionary duties unless their conduct violates a clearly established … “Concrete facts are generally necessary 14 “In this circuit, the law can be clearly established for qualified immunity purposes only by decisions of the U.S.

Heartland Academy Community Church v. Waddle

595 F.3d 798 · Court of Appeals for the Eighth Circuit · Feb 8, 2010

Qualified Immunity: General Principles “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 … Qualified immunity is not only a defense to liability but also an immunity from suit.