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

Smith v. Siegelman

322 F.3d 1290 · Court of Appeals for the Eleventh Circuit · Feb 28, 2003

The qualified immunity defense 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. … B. 12 Qualified immunity protects government officials sued in their individual capacities as long as their conduct does not violate "clearly established statutory or constitutional rights of which a reasonable person would

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).

In re the Marriage of Nelson

Court of Appeals of Iowa · Oct 20, 2021

That year, Mick filed a pro se request to end his obligation because the children no longer qualified for support. … App. 2005) (“Clearly when a child support award is based on two qualifying children and one no longer qualifies, there has been a substantial change in circumstances.”); see also Iowa Code § 598.21C(1).

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?

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.

Holland v. City of New York

197 F. Supp. 3d 529 · District Court, S.D. New York · Jun 24, 2016

Although the Court is permitted to determine whether a constitutional right exists before examining whether it was clearly established as part of the qualified immunity analysis, it declines to do so here. … Wright, 597 F.3d 532, 536 (2d Cir.2010) (finding the defendant prison employees entitled to qualified immunity with respect to inmate's First Amendment and RLUIPA claims because it had not been clearly established by the

Joann Cooper v. Ryan Black

503 F. App'x 672 · Court of Appeals for the Eleventh Circuit · Oct 12, 2012

When a defendant raises the defense of qualified immunity in a motion to dismiss, this court “review[s] the denial of [the] motion . . . de novo and determine[s] whether the complaint alleges a clearly established constitutional … For the same reasons Officer Black is entitled to qualified immunity for Appellees’ Fourth Amendment claims, he is also entitled to qualified immunity for the Fourteenth Amendment substantive due process claims.

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

Miller v. Doe

214 Conn. App. 35 · Connecticut Appellate Court · Jul 26, 2022

‘‘If an official’s conduct did not violate a clearly established constitutional right . . . then he is protected by qualified immunity.’’ Walker v. Schult, supra, 126. … Our conclusion that federal law does not clearly establish the right at issue in the present case, however, does not end our qualified immunity analysis.

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.

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

Jamal Murray v. State of Ohio Dep't of Corrections

Court of Appeals for the Sixth Circuit · Mar 30, 2022

motion is based on a claim of qualified immunity.” … Heyd is entitled to qualified immunity as a matter of law We now consider the merits of the qualified-immunity defense.

Melinda Holmes v. Steven C. Kucynda, Marty David Rolfe, James C. Bullock, Jason W. Poole, Cobb County, a Political Subdivision of the State of Georgia

321 F.3d 1069 · Court of Appeals for the Eleventh Circuit · Feb 13, 2003

The essence of qualified immunity is notice. See Hope v. Pelzer, 536 U.S. 730 , 122 S.Ct. 2508, 2515 , 153 L.Ed.2d 666 (2002). 8 Qualified immunity analysis proceeds in two steps. See Chesser v. … If no constitutional violation is established, then the defendants prevail, and “there is no necessity for further inquiries concerning qualified immunity.” Id.

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

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

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.

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.

Bailey v. Hughes

815 F. Supp. 2d 1246 · District Court, M.D. Alabama · Sep 30, 2011

The Court should grant a motion to dismiss on qualified immunity grounds “if the plaintiffs complaint fails to allege a violation of a clearly established constitutional or statutory right.” Williams v. … Case law need not arise out of factually identical situations to clearly establish law for purposes of the qualified immunity analysis. Id. at 1351 .