Case law

Black 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

Knapp v. Goudschaal

District Court, W.D. Washington · Aug 11, 2025

employees are not entitled to qualified immunity on judicial 5 deception claims.” … Callahan, 555 U.S. 223, 236 (2009) (holding that courts 21 have discretion to consider the two prongs of qualified immunity, whether a constitutional right 22 was violated and whether that right was clearly established

Russell v. Coughlin

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.”

Farid v. Goord

200 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.

Jackson v. City of Pittsburgh

688 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.”

Surat v. Klamser

52 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.

BALLARD v. DAVIS

District 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.

Larry 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

Jarett

District 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.

Stanton v. Sims

571 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.

Lawyer 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.

Rudebusch v. Hughes

313 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.”

Hartline v. Gallo

546 F.3d 95 · Court of Appeals for the Second Circuit · Oct 8, 2008

She further contends that because the strip search violated clearly established law, the individual officers are not entitled to qualified immunity, and that because the search was conducted pursuant to municipal policy, … preclude the defense of qualified immunity ..., we cannot say on the somewhat unique facts before us that it is clearly established that no ‘reasonable suspicion’ justified a strip-search in this case.”

Armando Villanueva v. State of California

986 F.3d 1158 · Court of Appeals for the Ninth Circuit · Jan 28, 2021

CLEVELAND of federal law that was clearly established at the time,” Pauluk v. Savage, 836 F.3d 1117, 1121 (9th Cir. 2016). “We review the district court’s conclusions regarding qualified immunity de novo.” … However, because it believed there was such division, it simply reasoned that the law was not clearly established and ruled for the officers on the basis of qualified immunity. Id. at 1213.

Swain v. Roe

Court 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.").

Savard v. Rhode Island

338 F.3d 23 · Court of Appeals for the First Circuit · Aug 4, 2003

The defendants in this case were granted qualified immunity because, according to the district court, the law did not "clearly establish" that reasonable suspicion was needed to strip search people arrested for non-violent … We believe the right of such a person to be free of such a search was 'clearly established' on October 21, 1986."); Weber, 804 F.2d at 803 (denying qualified immunity for defendants who performed suspicionless strip searches

Jamie 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.

Sealed 1 v. Farber

212 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.

Harris v. Clay County, MS

47 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.

Estate of Usaamah Abdullah Rahim v. Doe 2

Court of Appeals for the First Circuit · Oct 20, 2022

We hold that the officers are entitled to qualified immunity under each aspect of the "clearly established" prong of the defense. … The Supreme Court has repeatedly found that officers acting under such circumstances do not violate clearly established law. Two of the Court's recent grants of qualified immunity are illustrative.