Case law

Lazarus

District Court, W.D. Virginia · Mar 4, 2026

Qualified Immunity. … See id. at 368 (“[A]s Defendants have not presented any penological interest . . . and [the plaintiff’s] right was clearly established, we hold that Defendants have not shown that they are entitled to qualified immunity

Daniels v. D'AURIZO

564 F. Supp. 2d 194 · District Court, W.D. New York · Jul 9, 2008

Nevertheless, I find that even if probable cause was lacking or questionable, defendants are entitled to qualified immunity. … Qualified immunity shields public officials from an action for civil damages, to the extent that their challenged acts do not violate “clearly established statutory or constitutional rights of which a reasonable person would

Charles Hamner v. Danny Burls

937 F.3d 1171 · Court of Appeals for the Eighth Circuit · Sep 11, 2019

was “clearly established.” … In evaluating an officer’s claim to qualified immunity, “[t]he dispositive question is whether the violative nature of particular conduct is clearly established.” Mullenix v. Luna, 136 S.

Ross v. Columbia Newspapers, Inc.

266 S.C. 75 · Supreme Court of South Carolina · Jan 22, 1976

Since we agree with the trial judge’s determination that the articles were clearly not false or defamatory, we need not reach the question of qualified privilege. … And, we have held that a sufficient defense is made out where the evidence establishes that the statement was substantially true. Dauterman v. State-Record Co., 249 S. C. 512, 154 S. E. (2d) 919 (1967).

Evans v. Hightower

117 F.3d 1318 · Court of Appeals for the Eleventh Circuit · Jul 25, 1997

that of negligence and Hightower was entitled to qualified immunity. … clearly established law based upon objective standards. Id.

Almighty Supreme Born Allah v. Milling

876 F.3d 48 · Court of Appeals for the Second Circuit · Nov 22, 2017

“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 … Allah argues, and the district court concluded below, that Defendants are not entitled to qualified immunity because Wolfish and its progeny clearly established the “right to be free from punishment before guilt” under substantive

Morgan-Tyra v. City of St. Louis

District Court, E.D. Missouri · Sep 22, 2022

An officer is entitled to qualified immunity unless the evidence establishes (1) a violation of a constitutional or statutory right, and (2) the right was clearly established at the time of the violation such that a reasonable … State Univ., 495 F.3d 591, 594 (8th Cir. 2007) (“Although the defendant bears the burden of proof for [qualified immunity], the plaintiff must demonstrate that the law was clearly established.”); Johnson-El v.

Williams v. City of Mount Vernon

428 F. Supp. 2d 146 · District Court, S.D. New York · Apr 14, 2006

Qualified Immunity 2 “The doctrine of qualified immunity shields police officers acting in their *154 official capacity from suits for damages under 42 U.S.C. § 1983 , unless their actions violate clearly-established rights … Qualified immunity can be established in three ways: (1) if defendant’s acts did not violate a clearly established constitutional right; (2) if it remains unclear as to whether an exception permitted such acts; and (3) if

Meekison v. Voinovich

17 F. Supp. 2d 725 · District Court, S.D. Ohio · Aug 21, 1998

Meekison’s Claim Under the ADA To establish a prima facie case under the ADA, Meekison must show: (1) she was disabled within the meaning of the statute at the time of her employment; (2) she was qualified to perform the … Prima Facie Case To establish a prima facie ease under the ADEA, Meekison must show the following: a) membership in the protected class (between the ages of 40 and 70); b) that she applied and was qualified for a promotion

Thomas Mahoney v. Russell Kesery

976 F.2d 1054 · Court of Appeals for the Seventh Circuit · Sep 30, 1992

But if a reasonable officer would not have believed the person had committed a crime, then the officer, whatever he did or did not believe, is acting contrary to clearly established law and therefore has no immunity. … What is true is that often the question of immunity is one of law — specifically, it is the question: what was the clearly established rule of law when the officers committed the acts for which they are being sued?

Lansdell v. Miller

District Court, N.D. Mississippi · Feb 3, 2020

clearly established law.” … Qualified immunity calls for a bifurcated test in which the court must first determine (1) “whether the plaintiff has alleged a violation of a clearly established statutory or constitutional right that was clearly established

Leath v. Webb

323 F. Supp. 3d 882 · District Court, E.D. Kentucky · Jun 29, 2018

The officers and nurses did not have "fair warning" that their actions would violate a clearly established constitutional right, and they are entitled to qualified immunity. See Baynes v. … Because officers have "fair warning" that using force against a subdued suspect violates clearly established constitutional law, qualified immunity cannot bar Leath's claim against Webb.

Kerns v. Bader

Court of Appeals for the Tenth Circuit · Dec 20, 2011

And it proceeds to deny qualified immunity to all three defendants without pausing to address the clearly established law question. To be sure, the dissent appears very concerned by the fact that Mr. … B I disagree with the majority’s assertion that the district judge did not address the second prong of the qualified immunity analysis (the clearly established right prong).

Amy Young v. Gary S. Borders

850 F.3d 1274 · Court of Appeals for the Eleventh Circuit · Mar 16, 2017

Snider v. Jefferson State Community College

344 F.3d 1325 · Court of Appeals for the Eleventh Circuit · Sep 15, 2003

Defendants qualified immunity. … The defense of qualified immunity may be raised and addressed on a motion to dismiss and will be granted if the “complaint fails to allege the violation of a clearly established constitutional right.” Chesser v.

Perkins

District Court, N.D. Alabama · Mar 31, 2026

The Supreme Court has declared that the test of “clearly established” law cannot apply at a high level of generality; instead, to deny qualified immunity, “the right the official is alleged to have violated … Dep’t of Corrections, 71 F.4th 1324, 1333 (11th Cir. 2023) (“For purposes of qualified immunity, decisions of the Supreme Court, the Eleventh Circuit, or the appropriate state supreme court can announce clearly established

Stepp v. Lockhart

Court of Appeals for the Tenth Circuit · Mar 3, 2026

On prong two of qualified immunity—clearly established law—the School District Defendants argue that the district court erred in relying on Goss. … Clearly established law To overcome qualified immunity for Principal Anderson and Mr. Blair, the Stepps still must show they violated clearly established First Amendment retaliation law.

Howard v. Fisk

District Court, W.D. Arkansas · Mar 18, 2020

Thus, the Court must conclude that Fisk is entitled to qualified immunity and dismiss all individual capacity claims against her. See Estate of Walker v. … Wallace, 881 F.3d 1056, 1060 (8th Cir. 2018) (“An individual is entitled to qualified immunity if his conduct does not violate clearly established constitutional rights of which a reasonable person would have known.”)

Peggy Poe v. John Leonard, Defendant-Third Party-Plaintiff-Appellant, Douglas Pearl, State of Connecticut, Third-Party-Defendant

282 F.3d 123 · Court of Appeals for the Second Circuit · Feb 19, 2002

Qualified Immunity A. … We have found that a qualified immunity defense is established when “(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 did

Ceramic Corp. of America v. Inka Maritime Corp.

1 F.3d 947 · Court of Appeals for the Ninth Circuit · Aug 6, 1993

Even where the defendant is amenable to process in the alternative forum, however, there may be “rare circumstances” in which the “remedy provided by the alternative forum is so clearly inadequate or unsatisfactory that it … Because Japan will “not permit litigation of the subject matter of the dispute,” we are confronted with one of those rare instances where the remedy 'provided by the alternative forum is *950 “clearly unsatisfactory.”