Case law

Michael A. Kroll v. United States Capitol Police

847 F.2d 899 · Court of Appeals for the D.C. Circuit · Jun 21, 1988

Kroll did not constitute the violation of a “clearly established” right within the meaning of Harlow . … Under Harlow and its progeny, defendants’ entitlement to qualified immunity raises only a narrow question.

Picray v. Sealock

138 F.3d 767 · Court of Appeals for the Ninth Circuit · Mar 9, 1998

He contends that each of these bases of immunity was clearly established at the time of his arrest. We disagree. … None of Picray’s asserted bases of immunity from arrest were “clearly established” at the time of his arrest.

Kerns v. Bader

663 F.3d 1173 · Court of Appeals for the Tenth Circuit · Dec 20, 2011

In other words, the district court’s opinion addressed only the first part of the two part test for qualified immunity. What to do when the district court fails to address the second, clearly established law, element? … And it proceeds to deny qualified immunity to all three defendants without pausing to address the clearly established law question. To be sure, the dissent appears very concerned by the fact that Mr.

American Trucking Associations, Inc. v. Conway

152 Vt. 363 · Supreme Court of Vermont · Aug 25, 1989

first impression in a manner “not clearly foreshadowed”), and where its retroactive application would be inequitable. … First, we do not see this case as establishing a new rule of law..

Lewis Harry, Jr. v. Anna Jacobs

648 F. App'x 732 · Court of Appeals for the Ninth Circuit · Apr 19, 2016

The district court properly granted summary judgment for Talley on the basis of qualified immunity because it would not have been clear to every reasonable official that it was unlawful under the circumstances to temporarily … Ct. 2074, 2080, 2083 (2011) (discussing qualified immunity and noting that a right is clearly established only if “every reasonable official would have understood that what he is doing violates that right” (citation and

Weatherford Ex Rel. Michael L. v. State

206 Ariz. 529 · Arizona Supreme Court · Dec 17, 2003

Government officials performing discretionary functions, however, receive qualified immunity from § 1983 actions unless their conduct violated a clearly established constitutional or federal statutory *532 right of which … Fitzgerald, 457 U.S. 800, 818 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982). ¶ 6 To overcome the social workers’ qualified immunity defense, Weatherford bears the initial burden of proving a violation of a clearly established

Kinney v. Weaver

367 F.3d 337 · Court of Appeals for the Fifth Circuit · Apr 19, 2004

Yet, at the same time, an official does not lose qualified immunity merely because a certain right is clearly established in the abstract. … It is true that, even without judicial interpretation, violation of a statute can be clearly established for qualified immunity purposes.

The Estate of Dominique McCoy v. County of San Diego

District Court, S.D. California · Jun 16, 2025

19 For qualified immunity, Defendants contend that Plaintiff has not identified a 20 clearly established constitutional right. … clearly 4 established federal law.”); Borja v.

Vasquez v. Davis

226 F. Supp. 3d 1189 · District Court, D. Colorado · Dec 28, 2016

Duty & Qualified Immunity a. … The “clearly established” element of the qualified immunity analysis would not require a specific case about vomiting blood before CDOC officials could be held liable. Cf.

Billups v. Penn State Milton S. Hershey Medical Center

910 F. Supp. 2d 745 · District Court, M.D. Pennsylvania · Nov 20, 2012

Immunity Finally, the Court will address whether Drs. … Choudhary, Crowell, and Dias are absolutely immune from liability. B.

Fernander v. Bonis

947 So. 2d 584 · District Court of Appeal of Florida · Jan 3, 2007

We first address Fernander's claim the trial court erred in finding that Captain Bonis was entitled to qualified immunity as to Fernander's 42 U.S.C. § 1983 due process claims. … A plaintiff suing a government official has the burden of showing that the official's acts, at the time, violated clearly established law." Alexander v. Univ. of N. Fla., 39 F.3d 290 , 291 (11th Cir.1994).

Hamilton v. The City of Wilmer Texas

District Court, N.D. Texas · Aug 1, 2023

A plaintiff seeking to overcome qualified immunity must plead facts: “(1) that the official violated a statutory or constitutional right, and (2) that the right was ‘clearly established’ at the time of the … “To be clearly established for purposes of qualified immunity, the contours of the right must be sufficiently clear that a reasonable official would understand that what he is doing violates that right.” Brown v.

Westport Taxi Service, Inc. v. Westport Transit District

235 Conn. 1 · Supreme Court of Connecticut · Aug 15, 1995

The legislative history of the act clearly establishes that it was intentionally patterned after the antitrust law of the federal government. See 14 H.R. Proc. … Id., 185. 25 In this case, the defendant did not specially plead any immunity defense — absolute or qualified.

West v. Kind

District Court, E.D. Wisconsin · Jun 12, 2024

Most of the time, the reason for dismissal of a complaint on qualified immunity grounds is the lack of a clearly established constitutional right. … “Ultimately, dismissal under Rule 12(b)(6) is appropriate based on qualified immunity only when the plaintiffs’ well-pleaded allegations, taken as true, do not ‘state a claim of violation of clearly established law.’”

Estate of Derek Williams, Jr. v. Jeffrey Cline

Court of Appeals for the Seventh Circuit · Aug 31, 2018

It concludes, however, that we have jurisdiction to consider the second prong of the qualified-immunity analysis: whether those constitutional rights were clearly established. … legal questions related to qualified immunity.

Misael Cordero v. Gregory Kelley

Court of Appeals for the Third Circuit · Mar 19, 2026

The analysis of a qualified immunity claim is guided by a two-part test: (1) “whether the facts … show the violation of a legal right,” and (2) “whether that right was clearly established.” Id. at 227. … And a “state statute cannot ‘clearly establish’ the federal right for qualified immunity purposes.” Id.

Maye v. New Haven

District Court, D. Connecticut · Jan 24, 2023

The qualified immunity decisions Defendants cite as the “controlling decisions” were the law on qualified immunity when the deadline for dispositive motions passed. … City of New York, 374 F.3d 93, 108 (2d Cir. 2004) (“The matter of whether a right was clearly established at the pertinent time is a question of law.”) (citing cases).

Sanchez v. Guzman

105 F.4th 1285 · Court of Appeals for the Tenth Circuit · Jun 28, 2024

established law prong of the qualified-immunity test. … entitled to qualified immunity.

Dale D. Hoover v. Patricia Radabaugh

307 F.3d 460 · Court of Appeals for the Sixth Circuit · Oct 3, 2002

Clearly Established Constitutional Rights As noted above, the Sixth Circuit uses a two-part test to determine whether an official is protected by qualified immunity. … Fitzgerald, 457 U.S. 800 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982): clearly established rights, for the purpose of qualified immunity, are “clearly established statutory or constitutional rights of which a reasonable person

Scott v. Carpenter

District Court, D. South Dakota · Jan 25, 2024

for the limited purpose of addressing the issue of qualified immunity.” … issue can be resolved); Lovelace, 47 F.3d at 287 (holding that discovery was appropriate when plaintiff states a claim of violation of a clearly established law and the parties disagree as to what actions the defendants