Case law
Opinions from 1658 to today.
10,000+ results
3.12s
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).
Cited 0 timesUnknownMisael 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.
Cited 0 timesUnpublishedCourt of Appeals for the Fifth Circuit · Aug 23, 2022
Morton, 984 F.3d 421, 427 (5th Cir. 2021), they do not establish probable cause “that the photographs on Morton’s phones would contain evidence pertinent to [that] crime,” id. at 428. … Callahan, 555 U.S. 223 236 (2009) (giving courts discretion to rule only on the “clearly established” inquiry for qualified immunity but recognizing that deciding the underlying constitutional question is “often
Cited 0 timesPublished249 F.3d 862 · Court of Appeals for the Ninth Circuit · May 7, 2001
The defendants moved for summary judgment on the ground that they were entitled to qualified immunity. … “In order to determine whether an official is entitled to qualified immunity, a court must (1) identify the right allegedly violated, (2) determine whether the right was ‘clearly established,’ and (3) determine whether a
Cited 57 timesPublished226 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.
Cited 0 timesPublished105 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.
Cited 22 timesPublishedDale 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
Cited 70 timesPublished57 F.3d 217 · Court of Appeals for the Second Circuit · Jun 15, 1995
The district court dismissed the complaint against Selsky on the ground that he was entitled to absolute immunity. Thereafter, in Young v. … to qualified immunity.
Cited 13 timesPublishedDistrict Court, S.D. New York · Feb 25, 2022
In addition, with respect to the defense of qualified immunity under federal law, or governmental immunity under New York Law, a jury could conclude that the Defendants’ decision to search and arrest Plaintiff under such … City of New York, 478 F.3d 76, 87 (2d Cir. 2007) (“Under federal law, a police officer is entitled to qualified immunity where (1) his conduct does not violate clearly established statutory or constitutional rights of
Cited 0 timesUnknownCourt of Appeals for the Fourth Circuit · May 17, 2001
The determination of whether qualified immunity exists is ultimately a question for the court. The standard used for determining qualified immunity is an "objectively reasonable" standard. … The court does not look to the sub- jective intent of the officer in granting qualified immunity.
Cited 0 timesPublishedCourt of Appeals for the Second Circuit · Dec 7, 2018
“Qualified immunity protects officials from liability for civil damages as long as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … Torreso, 764 F.3d 217, 237 (2d Cir. 2014) (“An officer is not entitled to qualified immunity on the grounds that the law is not clearly established every time a novel method is used to inflict injury.”
Cited 0 timesPublished33 Seminary LLC v. City of Binghamton
120 F. Supp. 3d 223 · District Court, N.D. New York · Jul 28, 2015
Absolute and Qualified Immunity Defendants also argue that even if they violated Plaintiffs’ constitutional rights, they are entitled to qualified immunity in their individual capacities because they did not violate a clearly … Defendants unreasonably violated a clearly established right of Plaintiffs.
Cited 6 timesPublishedHernandez v. City of Rochester
260 F. Supp. 2d 599 · District Court, W.D. New York · Apr 30, 2003
clearly established law.” … Katz, 533 U.S. 194 , 200, 121 S.Ct. 2151 , 150 L.Ed.2d 272 (2001). 9 *613 To establish a qualified immunity defense, then, defendants must show either “(a) the defendant’s action did not violate clearly established law, or
Cited 7 timesPublishedDistrict Court, E.D. Michigan · Oct 25, 2024
Defendant’s second argument on qualified immunity roughly equates to: even if there was a constitutional violation here, the individual officers are entitled to qualified immunity for reasonable but … not be entitled to qualified immunity.
Cited 0 timesUnknown338 F. App'x 587 · Court of Appeals for the Ninth Circuit · Jun 18, 2009
We follow a two-pronged approach when analyzing qualified immunity. … Morris confronted that her conduct was unlawful under clearly established law.
Cited 0 timesPublishedDistrict Court, D. Utah · Jan 3, 2025
qualified immunity. … Qualified Immunity Qualified immunity shields state officers from civil liability if their conduct “does not violate clearly established statutory or constitutional rights
Cited 0 timesUnknown49 F.3d 696 · Court of Appeals for the Eleventh Circuit · Apr 6, 1995
Under the qualified immunity standards, Wooten fails to demonstrate that the defendants violated a clearly established right. It was not I. … Under the qualified immunity defense, the defendants are immune from liability if Wooten's complaint fails to state a violation of a "clearly established statutory or constitutional right[ ] of which a reasonable person
Cited 72 timesPublishedWilliam Willson v. Thomas Yerke
604 F. App'x 149 · Court of Appeals for the Third Circuit · Mar 11, 2015
immunity from § 1983 claims for damages unless the facts alleged by the plaintiff show the violation of a constitutional right, and the right at issue was clearly established at the time of the alleged misconduct. 5 Here … qualified immunity on this basis as well.
Cited 10 timesUnpublishedPeople of Michigan v. Dametrius Benjamin Posey
Michigan Supreme Court · Jul 31, 2023
immunity rather than complete immunity applies where the prosecutor is acting as a police officer and not in the role of an advocate) (quotation marks and citation omitted). … The lead opinion does not address this important qualifier.
Cited 0 timesPublishedMoses Stryker v. City of Homewood
978 F.3d 769 · Court of Appeals for the Eleventh Circuit · Oct 20, 2020
Qualified immunity is a doctrine that shields public officials “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … violated was clearly established.”
Cited 30 timesPublished
Ask Donna