Case law

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.”)

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.

Munden v. Pineda

District Court, D. Colorado · Nov 8, 2024

The “record must clearly demonstrate the plaintiff has satisfied his heavy two-part burden; otherwise, the defendants are entitled to qualified immunity.” Felders ex rel. Smedley v. … The Court therefore finds that Officer Pineda is entitled to qualified immunity for Mr.

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

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.

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.

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.

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.

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

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.

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.

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

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.

Crawford-El v. Britton

523 U.S. 574 · Supreme Court of the United States · May 4, 1998

clearly established law, which is an “essentially legal question.” … The immunity standard in Harlow itself eliminates all motive-based claims in which the official’s conduct did not violate clearly established law.

Estate of Lopez Ex Rel. Lopez v. Gelhaus

871 F.3d 998 · Court of Appeals for the Ninth Circuit · Sep 22, 2017

Step Two—Whether the right was clearly established. … The • court therefore discussed only step two in its separate section on qualified immunity. It concluded that the law was "clearly established” that Gelhaus's conduct was unconstitutional.

Brooks v. Taylor County

District Court, N.D. Texas · Oct 21, 2020

Catre, 77 F.3d 116, 120 (5th Cir. 1996) (“Public officials are entitled to qualified immunity from suit under § 1983 unless it is shown by specific allegations that the officials violated clearly established law.”). … Should Brooks elect to file an amended complaint and Rule 7(a) reply that is “tailored” to the officers’ assertions of qualified immunity, such filings are due no later than 020), published decisions can clearly establish

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.