Case law

Henry Lyons v. F. Wayne Vaught

875 F.3d 1168 · Court of Appeals for the Eighth Circuit · Nov 22, 2017

Defendants moved to dismiss the SAC, arguing they are entitled to qualified immunity because at the time of the alleged retaliation, “it was not clearly established that a teacher complaining about academic favoritism towards … “Qualified immunity attaches when an official’s conduct does not violate clearly established . . . constitutional rights of which a reasonable person would have known.” White v. Pauly, 137 S.

ZHANG v. BOARD OF REGENTS OF THE UNIVERSITY SYSTEM OF GEORGIA

District Court, M.D. Georgia · Aug 26, 2024

Jones, 575 F.3d 1281, 1300 (11th Cir. 2009) (explaining "clearly established" prong of the qualified immunity test). … It was clearly established before 2020 that § 1981 prohibited such conduct. Cordero and Davis are not entitled to qualified immunity at this stage in the litigation.

Franklin v. Johns

436 F. App'x 210 · Court of Appeals for the Fourth Circuit · Jun 30, 2011

Zalaski v. City of Hartford

723 F.3d 382 · Court of Appeals for the Second Circuit · Jul 23, 2013

Qualified immunity shields law enforcement officers from § 1983 claims for money damages provided that their conduct does not violate clearly established constitutional rights … Thus, even if a right is clearly established in certain respects, qualified immunity will still shield an officer from liability if “officers of reasonable competence could disagree” on the legality of the action at issue

Michael Bourne v. Michael Gunnels

921 F.3d 484 · Court of Appeals for the Fifth Circuit · Apr 16, 2019

Humphrey, 512 U.S. 477 (1994), and its progeny, or, alter- natively, (3) defendants are entitled to qualified immunity (“QI”) from his claims because he did not establish a constitutional violation. … “A qualified immunity defense alters the usual summary judgment bur- den of proof.” Brown v. Callahan, 623 F.3d 249, 253 (5th Cir. 2010).

Bossio v. Taylor (INMATE 1)

District Court, M.D. Alabama · Oct 21, 2019

Callahan, 555 U.S. 223, 236 (2009) (holding that courts can address the clearly established prong of qualified immunity analysis first). … Therefore, the law was not clearly established at the time of the action in question, and the individual Defendants are entitled to qualified immunity. Belcher v.

Gioia v. Bradshaw

District Court, S.D. Florida · Aug 8, 2025

Florida Department of Probation, filed August 19, 2024 (separate § 2254 habeas petition challenging guilty plea of 1 I note that there may also be qualified or absolute immunity defenses for the various Defendants Plaintiff … Baldwin County, 835 F.3d 1338, 1343-44 (11th Cir. 2016) (“qualified immunity protects government officials performing discretionary functions from liability if their conduct violates no clearly established statutory or

Finch v. Wichita, Kansas, City of

District Court, D. Kansas · Sep 15, 2020

of the qualified immunity analysis – a finding of qualified immunity … preclude[s] the imposition of municipal liability.” … clearly established would not necessarily preclude Plaintiffs’ claim against the City. Cf. Contreras on behalf of A.L. v. Dona Ana Cty. Bd. of Cty.

Estate of Kirby v. Duva

530 F.3d 475 · Court of Appeals for the Sixth Circuit · Jun 27, 2008

Because it was clearly established at the time of the shooting that deadly force could not be used against a non-dangerous fleeing felon, qualified immunity was properly denied on the facts as presented in this case. I. … was clearly established.”

ORTIZ v. CUMBERLAND COUNTY FREEHOLDERS

District Court, D. New Jersey · Sep 24, 2024

Yost, 63 F.4th 211, 228 (3d Cir. 2023) (a § 1983 defendant is entitled to qualified immunity if the right at issue was not clearly established at the time it was allegedly violated) (citation omitted). … Broad general propositions in precedential cases, without sufficient factual context, do not clearly establish a constitutional right for purposes of qualified immunity. Id. (citing Mullenix v.

Estate Of William J. Bing

456 F.3d 555 · Court of Appeals for the Sixth Circuit · Aug 1, 2006

For the same reason, the plaintiffs' destruction of property claim based on the house fire is also barred by the officers' qualified immunity. 66 In a qualified immunity analysis, the "first inquiry must be whether a constitutional … The Supreme Court has not clearly established such a right, nor has this court or other circuits. See Daugherty v.

In Re Copley Press, Inc.

518 F.3d 1022 · Court of Appeals for the Ninth Circuit · Mar 4, 2008

United States, 873 F.2d 1210, 1213 (9th Cir.1989), though logic alone, even without experience, may be enough to establish the right. See Seattle Times Co. v. U.S. Dist. … The court didn't clearly err in so finding and, in light of that finding, its decision to unseal these portions of the documents was not an abuse of discretion.

Sims v. Figueroa

District Court, M.D. Florida · Aug 27, 2019

Qualified Immunity Defendant Figueroa alternatively asserts that he is entitled to qualified immunity. … As to qualified immunity, the Eleventh Circuit has stated: To invoke qualified immunity, a public official must first demonstrate

Lyniece Nelson v. City of Madison Heights

845 F.3d 695 · Court of Appeals for the Sixth Circuit · Jan 9, 2017

Page 6 “Government officials performing discretionary functions are afforded qualified immunity . . . as long as their conduct ‘does not violate clearly established statutory or constitutional rights of which a reasonable … However, Officer Wolowiec does not argue the interfamilial relations issue as a denial of qualified immunity.

Greg Myers, Etc. v. R. Kathleen Morris, Scott County Attorney, Etc.

810 F.2d 1437 · Court of Appeals for the Eighth Circuit · Apr 9, 1987

of clearly established legal norms. … If they do, however, defendants Johnson, Ma-nahan and Walling are shielded by qualified immunity from further litigation of these claims in the absence of any identified legal duty to behave otherwise or any clearly established

Nunes v. Stephens

District Court, E.D. California · May 17, 2021

Defendants appealed the denial of qualified immunity. 1 On December 29, 2020, the Ninth Circuit issued an opinion that reversed this Court’s 2 denial of qualified immunity. See Nunes v. … Raemisch, 864 F.3d 1071, 1078-79 (10th Cir. 2017) (holding that a prior published opinion could be read narrowly or 28 expansively and was too ambiguous to constitute “clearly established law” for purposes of qualified

Marty Emmons v. City of Escondido

921 F.3d 1172 · Court of Appeals for the Ninth Circuit · Apr 25, 2019

, and therefore the officer was entitled to qualified immunity. … Qualified immunity shields government officials from liability for civil damages when “their conduct does not violate clearly established statutory or constitutional rights  EMMONS V.

HILL v. McKINLEY

311 F.3d 899 · Court of Appeals for the Eighth Circuit · Nov 26, 2002

a constitutional violation, we believe the defendants were entitled to qualified immunity on the ground that their actions did not violate clearly established law. … More recently, the Supreme Court reiterated the test for determining whether the law was "clearly established" for the purpose of granting qualified immunity.

Vreeland v. Olson

District Court, D. Colorado · Sep 16, 2021

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 … Accordingly, plaintiff has not carried his burden, in the face of the assertion of qualified immunity, to show that this right was clearly established in 5 Plaintiff argues for the first time in his response to the objection

Beyond Systems, Inc. v. Keynetics, Inc.

422 F. Supp. 2d 523 · District Court, D. Maryland · Feb 14, 2006

Pelletier, 516 U.S. 299 , 116 S.Ct. 834 , 133 L.Ed.2d 773 (1996) (qualified immunity defense may be raised at both the motion to dismiss and summary judgment stages). … Case law clearly establishes that CDA immunity applies even where an ISP knew of its customers’ potentially illegal activity. The Fourth Circuit in Zeran explained why.