Case law
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1.11s
910 F.2d 75 · Court of Appeals for the Second Circuit · Aug 2, 1990
On the eve of trial, defendants moved for summary judgment arguing that because Russell had no clearly established liberty interest in remaining out of keeplock they were protected by qualified immunity. … Even when such rights are clearly established, qualified immunity also protects a government official “if it was objectively reasonable for [the official] to believe that his acts did not violate those rights.”
Cited 66 timesPublished200 F. Supp. 2d 220 · District Court, W.D. New York · Feb 9, 2002
Qualified immunity does not bar declaratory and injunctive relief. Allen v. Coughlin, 64 F.3d 77, 81 (2d Cir.1995). … Even if qualified immunity were established in this case, it would not provide grounds for dismissal of all of Farid’s claims. Id. at 81 . It is a defense which defendants must plead and prove. Duamutef v. J.M.
Cited 15 timesPublished688 F. Supp. 2d 379 · District Court, W.D. Pennsylvania · Feb 22, 2010
Toledo, 446 U.S. 635 , 100 S.Ct. 1920 , 64 L.Ed.2d 572 (1980)). “ ‘The qualified immunity defense shields government agents from liability for civil damages insofar as their conduct does not violate clearly established statutory … his or her actions violated clearly established law.”
Cited 11 timesPublished52 F.4th 1261 · Court of Appeals for the Tenth Circuit · Nov 9, 2022
The district court then concluded Officer Klamser was not entitled to qualified immunity because clearly established law would have put a reasonable officer on notice “that an officer may not use a takedown maneuver on … Surat’s constitutional right to be free from excessive force, it erred in denying him qualified immunity because that right was not clearly established at the time of the incident.
Cited 52 timesPublishedDistrict Court, M.D. Georgia · Sep 19, 2025
Vickers, 929 F.3d 1304, 1316 (11th Cir. 2019) (“[T]he qualified immunity analysis requires a clearly established right to be defined with specificity.”). … Ballard’s lawyers have made no effort to carry Ballard’s burden of showing clearly established law, and the defendants are entitled to qualified immunity.
Cited 0 timesUnknownLarry D. Lomaz Pacific Financial Services of America, Inc. v. William A. Hennosy
151 F.3d 493 · Court of Appeals for the Sixth Circuit · Jul 29, 1998
secured by the Constitution,” 42 U.S.C. § 1983 , is limited by two recognized exceptions: qualified immunity and absolute immunity. … The former, the most common type of official immunity, subjects officials to liability for the performance of discretionary functions only when their conduct violates “clearly established statutory or constitutional rights
Cited 69 timesPublishedTexas Supreme Court · May 10, 2024
. § 1983 “unequivocally negated the original interpretive premise for qualified immunity”); Zadeh, 928 F.3d at 479-81 (Willett, J., concurring) (criticizing the “clearly established law” standard). … See Chambers, 883 S.W.2d at 657 (although “federal immunity may be conferred at the summary judgment stage by the court’s finding that the constitutional right at issue was not clearly established,” “[n]o analogous threshold
Cited 0 timesPublishedLawyer v. City of Council Bluffs
361 F.3d 1099 · Court of Appeals for the Eighth Circuit · Mar 26, 2004
II. 11 "Under the doctrine of qualified immunity, state actors are protected from civil liability when `their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would … A court engaged in a qualified immunity inquiry uses a two-step process.
Cited 57 timesPublished313 F.3d 506 · Court of Appeals for the Ninth Circuit · Dec 9, 2002
Equal Protection Claims ajnd Qualified Immunity Under Saucier v. … have been violated were [Rudebusch’s] allegations established, there is no necessity for further inquiries concerning qualified immunity.”
Cited 29 timesPublishedCourt of Appeals for the First Circuit · Jun 26, 1997
Qualified Immunity _____________________ Defendants assert that they are, in any event, entitled to qualified immunity from suit. There are two prongs to the qualified immunity analysis. … . _________ . . in 1977, [there was] a 'clearly established' Fourth Amendment right to be free of unreasonable searches.").
Cited 0 timesPublishedBlack v. Borough of Atlantic Highlands
263 N.J. Super. 445 · New Jersey Superior Court Appellate Division · Apr 6, 1993
Even if the Borough had not created the Shade Tree Commission, but had dealt directly with Aymonier, retention of a private contractor and reliance upon his services would clearly be a policy decision. … To ordinary landowners unprotected by statutory immunities, liability in tort to adjoining property owners may be established for damages proximately flowing from dangerous conditions caused by overhanging branches or matter
Cited 42 timesPublishedJamie Kirkpatrick v. County of Washoe
843 F.3d 784 · Court of Appeals for the Ninth Circuit · Dec 9, 2016
“Qualified immunity is no immunity at all if ‘clearly established’ law can simply be defined as the right to be free from unreasonable searches and seizures.” Sheehan, 135 S.Ct. at 1776 . … , established, and they, .are therefore entitled to qualified immunity..on this claim.
Cited 195 timesPublished212 F. App'x 42 · Court of Appeals for the Second Circuit · Jan 9, 2007
Accepting, as we must, plaintiffs’ versions of the facts on a summary judgment motion based on qualified immunity, see Salim v. … For the reasons discussed above, the decision of the district court denying Farber’s summary judgment motion based on qualified immunity is hereby AFFIRMED, and the Village of St.
Cited 8 timesPublished47 F.4th 271 · Court of Appeals for the Fifth Circuit · Aug 24, 2022
It granted Huffman qualified immunity, concluding that Harris did not prove that the sheriff’s actions violated clearly established law. … The second is whether that right is “clearly established.” Id.
Cited 10 timesPublishedDistrict Court, D. Kansas · Feb 20, 2026
A defendant may assert qualified immunity and the plaintiff then bears the burden of showing (1) that the defendant’s actions violated a constitutional right, and (2) that the right was clearly established at the time of … He has the burden on qualified immunity, and he has not met it.
Cited 0 timesUnknown356 F.3d 481 · Court of Appeals for the Second Circuit · Jan 30, 2004
The Doctrine of Qualified Immunity The doctrine of qualified immunity protects state officials from civil liability for actions performed in the course of their duties if “their conduct does not violate clearly established … established” for the purpose of future qualified immunity cases involving similar fact patterns.
Cited 173 timesPublishedSharon Anderson v. Mario Cornejo, Appeals Of: Sergei Hoteko, Patrick Noonan, and Robert Trotter
355 F.3d 1021 · Court of Appeals for the Seventh Circuit · Jan 21, 2004
Three of the defendants in this Bivens action have taken interlocutory appeals, contending that they are entitled to qualified immunity. … Similarly, the knowledge of prosecutors (and judges) that most defendants in crack-cocaine cases are black does not establish discrimination.
Cited 21 timesPublished945 F.3d 30 · Court of Appeals for the Second Circuit · Dec 12, 2019
However, that is not the only way in 14 which a right may be “clearly established” for qualified immunity purposes. … (“[Q]ualified immunity clearly established for purposes of qualified immunity.
Cited 123 timesPublished571 U.S. 3 · Supreme Court of the United States · Nov 4, 2013
immunity because no clearly established law put him on notice that his conduct was unconstitutional. … qualified immunity precisely because the law regarding warrantless entry in hot pursuit of a fleeing misdemean- ant is not clearly established.
Cited 581 timesPublishedDistrict Court, D. New Mexico · Jan 5, 2024
A court has the discretion to decide “which of the two prongs of the qualified immunity analysis should be addressed first”—as either issue is dispositive on the issue of qualified immunity. Pearson v. … The Court granted summary judgment on the basis of qualified immunity because it found there was no constitutional violation and the Plaintiff failed to show a violation of clearly established law (Doc. 66 at 17–18).
Cited 0 timesUnknown
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