Case law

Yu Kikumura v. C.A. Turner

28 F.3d 592 · Court of Appeals for the Seventh Circuit · Jun 27, 1994

The district court granted summary judgment in Turner’s favor, finding that Turner was entitled to qualified immunity, and that the challenged actions did not violate Kikumura’s “clearly established constitutional rights. … As our discussion of Kikumura’s claim for declaratory and injunctive relief (pages 597-99, below) demonstrates, this is a close question, and the point of qualified immunity and its “clearly established” requirement is that

Brown v. Department of the Navy

493 U.S. 831 · Supreme Court of the United States · Oct 2, 1989

Torres v. Madrid

District Court, D. New Mexico · Jun 10, 2021

Casper, 507 F.3d 1260, 1265 (10th Cir. 2007) (“[I]t is well established that limited discovery may be necessary to resolve qualified immunity claims on summary judgment.”). … of the defendant’s qualified immunity assertion.”

Shabazz v. Cole

69 F. Supp. 2d 177 · District Court, D. Massachusetts · Jun 25, 1999

Qualified immunity exists insofar as defendants’ “ ‘conduct does not violate clearly established statutory or constitutional law of which a reasonable person would have known.’ ” Elliott v. … Thus, where the supervisor is not directly involved in the underlying violation, “the ‘clearly established’ prong of the qualified immunity inquiry is satisfied when (1) the subordinate’s actions violated a clearly established

Mojica Carrion v. Wetzel

District Court, M.D. Pennsylvania · Jul 13, 2023

Defendants argue that Mojica Carrion’s claims are barred by qualified immunity because the constitutional right which he contends was violated was not clearly established until after the incident underlying his lawsuit … clearly established by Procunier); Martin v.

Moore v. Vega

371 F.3d 110 · Court of Appeals for the Second Circuit · Jun 10, 2004

entitlement to qualified immunity. … : qualified immunity protects that officer unless' his performance was in violation of clearly established law, or was plainly incompetent.

Trujillo v. Central New Mexico Correctional Facility

District Court, D. New Mexico · Aug 19, 2021

Qualified immunity law Qualified immunity protects public officials from liability “insofar as their conduct does not violate clearly established statutory or constitutional rights … Turning to the second prong of the qualified immunity analysis, Plaintiff does not cite any law supporting the claims in the complaint, much less clearly established law.

Crawford v. Davis

109 F.3d 1281 · Court of Appeals for the Eighth Circuit · Mar 27, 1997

These defendants will merit qualified immunity unless their alleged conduct violated “clearly established statutory or constitutional rights,” Harlow v. … Crawford’s clearly established statutory and constitutional rights under the circum *1285 stances. With respect to Ms.

Wilansky v. Bakke

District Court, D. North Dakota · Apr 3, 2024

Accordingly, the individually-named Defendants are entitled to qualified immunity on Claim One of the Amended Complaint. See Jones v. … McNeese, 675 F.3d 1158, 1161 (8th Cir. 2012) (when deciding qualified immunity, the Court looks to (1) whether a constitutional violation has been adequately pled and (2) whether the right was clearly established at the

Zamsky v. Hansell

933 F.2d 677 · Court of Appeals for the Ninth Circuit · May 17, 1991

The cost of establishing the defense of qualified immunity is simply part of the price of having a viable remedy for constitutional violations; it is not a sufficient reason, in and of itself, for finding governmental actors … After all, officials who don’t violate clearly recognized rights will be entitled to qualified immunity — and will not be liable — regardless of how this case is decided.

Washington v. St. Louis, Missouri, City of

District Court, E.D. Missouri · Mar 31, 2021

Defendants assert that the individual defendants are entitled to qualified immunity because “their conduct comported with and did not violate clearly established law.” Doc. [11-1] at 13. … immunity because it was not clearly established at the time of the incident that their conduct was a violation of Mr.

Glik v. Cunniffe

655 F.3d 78 · Court of Appeals for the First Circuit · Aug 26, 2011

qualified immunity, as it did not -- and could not -- assert such a defense. … Was the Right to Film Clearly Established? Though the "clearly established" inquiry does "not require a case directly on point," al-Kidd, 131 S.

Creighton v. Anderson

922 F.2d 443 · Court of Appeals for the Eighth Circuit · Dec 17, 1990

Once the plaintiff has demonstrated that the law governing the plaintiffs’ rights was clearly established at the time of the defendant’s acts, the defendant has the burden of proof with respect to all other elements of the … qualified immunity defense.

Cuevas v. De Roco

531 F.3d 726 · Court of Appeals for the Ninth Circuit · Jun 27, 2008

Qualified Immunity Deputy Starr nonetheless contends that he is protected by qualified immunity. … Moreover, Deputy Starr is not protected by qualified immunity.

James O'Doan v. Joshua Sanford

991 F.3d 1027 · Court of Appeals for the Ninth Circuit · Mar 19, 2021

In the exercise of our discretion, and with the Supreme Court’s admonitions in mind, we resolve this case only on the “clearly established law” prong of the qualified immunity framework. … If qualified immunity means anything, it is that clearly established law did not require officers to make a medical judgment that not even O’Doan’s treating physician was willing to hazard.

Levine v. City of Eureka Springs, Arkansas

District Court, W.D. Arkansas · Dec 29, 2017

Featherstone are each entitled to qualified immunity from Mr. Levine’s claims against them in their individual capacities. See Pearson v. … Callahan, 555 U.S. 223, 232 (2009) (“Qualified immunity is applicable unless the official’s conduct violated a clearly established constitutional right.”

Baker v. Airguide Manufacturing, LLC

151 So. 3d 38 · District Court of Appeal of Florida · Oct 29, 2014

Based on the changes to her testimony, Baker argued that there was a genuine dispute over material facts whether Airguide possessed the requisite degree of control over Baker to establish Airguide’s immunity under the … Thus, an employer can establish its right to workers’ compensation immunity by either meeting the three-prong test for common law “borrowed servant” immunity or by establishing that the injured employee came from a “help

Betances v. Fischer

837 F.3d 162 · Court of Appeals for the Second Circuit · Sep 16, 2016

violated clearly established statutory or constitutional rights of which a reasonable person would have known.” … This panel is bound by Vincent’s rulings as to what was clearly established by Earley I.

Hughes v. Alabama Department of Public Safety

994 F. Supp. 1395 · District Court, M.D. Alabama · Feb 23, 1998

Under the doctrine of qualified immunity, the burden is on the plaintiff to prove that the defendant engaged in conduct that violated “clearly established law.” Jordan v. Doe, 38 F.3d at 1559, 1565 (11th Cir.1994). … In addition, Hughes has failed to establish that the individual defendants would not be entitled to qualified immunity.

Bogle v. Department of Mental Health and Addiction Services

District Court, D. Connecticut · Jun 27, 2025

Hyatt should not be shielded by qualified immunity. The Court agrees. As to the first prong of the qualified immunity analysis, Ms. … App'x 533, 535 (2d Cir. 2004) (dismissing qualified immunity appeal because employee's right to be free from racially discriminatory imposition of a probationary period was clearly established in 2004)); DiLegge v.