Case law

Fitzpatrick v. McKnight

District Court, S.D. West Virginia · Jul 3, 2025

which could be characterized as fraudulent, malicious, or oppressive,” (ECF No. 15 at 7), but evidently forgot that he is not entitled to qualified immunity if his act was “in violation of clearly established statutory … If the plaintiff demonstrates the violation of a clearly established right or law, the employee is not immune from liability. Jd. at 767.

Hanrahan v. Doling

331 F.3d 93 · Court of Appeals for the Second Circuit · May 30, 2003

and Magistrate Judge below. 10 In evaluating whether a right is clearly established for purposes of the second prong of the qualified immunity inquiry, the court looks to both "the clarity of the law establishing the right … It would defy logic to analyze qualified immunity, as defendants urge, in terms of unpredictable subsequent events, and courts have repeatedly declined to frame the clearly established inquiry through the "20/20 vision of

Thompson v. Reuting

968 F.2d 756 · Court of Appeals for the Eighth Circuit · Jul 7, 1992

Briggs, 475 U.S. 335 , 106 S.Ct. 1092 , 89 L.Ed.2d 271 (1986), the Supreme Court held that police officers seeking arrest warrants are entitled to qualified immunity for their actions unless “the warrant application is so … We therefore affirm the District Court’s dismissal of Thompson’s complaint on the ground that Reuting was entitled to qualified immunity for his actions. III.

Iko v. Shreve

535 F.3d 225 · Court of Appeals for the Fourth Circuit · Aug 6, 2008

Shreve can still enjoy qualified immunity from suit if he can show that this constitutional right was not clearly established at the time of Iko’s death. … SHREVE pepper spray was clearly established, preventing an award of qualified immunity to Lt. Shreve on the facts before us.11 B.

STOKES v. CITY OF PHILADELPHIA

District Court, E.D. Pennsylvania · Oct 31, 2022

Rickard, 572 U.S. 765, 778 (2014) (“An official sued under § 1983 is entitled to qualified immunity unless it is shown that the official violated a statutory or constitutional right that was ‘clearly established’ … Therefore, the qualified immunity analysis involves determining whether the defendant violated a right that was “clearly established” at the time of the challenged conduct. Plumhoff, 572 U.S. at 778.

Prokop v. Hileman

District Court, N.D. Illinois · Mar 2, 2022

“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 … Luna, 577 U.S. 7, 12 (2015) (“The dispositive question” for qualified immunity is “whether the violative nature of particular conduct is clearly established.”)

Robert Wilk v. Dwight Neven

956 F.3d 1143 · Court of Appeals for the Ninth Circuit · Apr 23, 2020

The court held that defendants were entitled to qualified immunity because Wilk’s evidence, even if true, did not establish an Eighth Amendment violation. … Law is “clearly established” for the purposes of qualified immunity if “every reasonable official would have understood that what he is doing violates th[e] right” at issue. Taylor v.

Farrow v. Weatherford City of

District Court, W.D. Oklahoma · Sep 26, 2025

The Individual Defendants argue, in part, that Plaintiff’s § 1983 claim is barred by qualified immunity because Plaintiff cannot show he had a “clearly established” constitutional right that they violated.5 They … plaintiffs “failed to identify clearly-established law” as required under the second qualified immunity prong). IV.

Caldarola v. Calabrese

298 F.3d 156 · Court of Appeals for the Second Circuit · Jul 31, 2002

Qualified Immunity A. "Qualified immunity is `an entitlement not to stand trial or face the other burdens of litigation.'" Saucier v. … If the law was clearly established that the officer's conduct violated a constitutional right, qualified immunity is inappropriate.

CROSLAND v. CITY OF PHILADELPHIA

District Court, E.D. Pennsylvania · Jun 8, 2023

That leaves the second prong of the qualified immunity analysis: whether the officers’ conduct violated clearly established law. … its caselaw suggests that municipal liability should remain untethered to the “clearly established” qualified immunity standard.

Samedi v. Miami-Dade County

134 F. Supp. 2d 1320 · District Court, S.D. Florida · Jan 26, 2001

White’s qualified immunity insulates him from suit. … was clearly established at the time of the alleged violation.

Cayenne v. Tobyhanna Township, PA

District Court, M.D. Pennsylvania · Aug 5, 2024

to qualified immunity. … the right was clearly established.

Clint Small v. James McCrystal

708 F.3d 997 · Court of Appeals for the Eighth Circuit · Feb 19, 2013

This court reviews de novo a denial of summary judgment on grounds of qualified immunity. Nelson, 583 F.3d at 527. … 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 would have known

Armonia Rigsby v. County of Los Angeles

531 F. App'x 811 · Court of Appeals for the Ninth Circuit · Jun 24, 2013

Assuming arguendo that Plaintiffs’ privacy rights were violated, Defendant social workers are entitled to qualified immunity because the rights that Plaintiffs seek to protect were not clearly established at the time of … United States, 373 F.3d 952, 976 (9th Cir. 2004) (concluding that right was not clearly established because the Ninth Circuit and Supreme Court had never squarely addressed the alleged right).

PALMIERI VS. CLARK CO.

2015 NV 102 · Nevada Supreme Court · Dec 31, 2015

Ct. 305, 308 (2015) ("The doctrine of qualified immunity shields officials from civil liability so long as their conduct does not violate clearly established .. … A searching officer is entitled to qualified immunity if "a reasonable officer could have believed" that the search was lawful "in light of clearly established law and the information

Heslip v. Lobbs

554 F. Supp. 694 · District Court, E.D. Arkansas · Dec 7, 1982

Rather than pass on the defendants’ qualified immunity claim, the Supreme Court reshaped the contours of the qualified immunity standard, and remanded the case to the Court of Appeals. 3 In numerous cases, cited supra, courts … In essence, the qualified immunity defense attempts to accommodate these competing social goals. The Harlow opinion suggests that evolving standards for qualified immunity had rendered the defense negligible in effect.

Cuvo v. Pocono Mountain School District

District Court, M.D. Pennsylvania · Mar 21, 2022

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 … A qualified immunity determination involves a two-pronged inquiry: (1) whether a constitutional or federal right has been violated; and (2) whether that right was “clearly established.” Saucier v.

Pickens v. Hollowell

59 F.3d 1203 · Court of Appeals for the Eleventh Circuit · Jul 31, 1995

In order for the law to be clearly established for purposes of qualified immunity, "the law must have earlier been developed in such a concrete and factually defined context to make it obvious to all reasonable government … Malley and Garmon clearly establish that a police officer is not protected by qualified immunity if he applies for an arrest warrant where "a reasonably well-trained officer ... would have known that his affidavit failed

Blackwell v. St Charles Parish

275 F. App'x 363 · Court of Appeals for the Fifth Circuit · Apr 24, 2008

Qualified Immunity The defense of qualified immunity shields government officials performing discretionary functions from civil liability “‘insofar as their conduct does not violate clearly established . . . constitutional … Thus, Plaintiffs have failed to establish that Laque’s actions were unreasonable in light of clearly established law and he is entitled to qualified immunity on this claim.

Minpeco, S.A. v. Conticommodity Services, Inc. Nelson Bunker Hunt

844 F.2d 856 · Court of Appeals for the D.C. Circuit · Apr 19, 1988

BUCKLEY, Circuit Judge: This case presents questions of congressional immunity under the Constitution’s Speech or Debate Clause. … Thus, the process by which a committee takes statements and prepares them for publication clearly qualifies as an activity “within the ‘legislative sphere.’ ” See also Browning v. Clerk, U.S.