Case law

Justin Parsons v. City of Pontiac

Court of Appeals for the Sixth Circuit · Jun 24, 2008

“If no constitutional right would have been violated were the allegations established, there is no necessity for further inquiries concerning qualified immunity.” Saucier, 533 U.S. at 201. … But under § 1983, “an arresting agent is entitled to qualified immunity if he or she could reasonably (even if erroneously) have believed that the arrest was lawful, in light of clearly established law and the information

Scott Emerson Felix v. Daniel J. McCarthy Director of the Department of Corrections P.J. Morris J. Campoy Daniel Vasquez Morris, Lt.

939 F.2d 699 · Court of Appeals for the Ninth Circuit · Jul 10, 1991

The guards assert that they are entitled to the defense of qualified immunity because it was not clearly established in March 1985 that the guards’ conduct would violate Felix’s clearly established constitutional rights. … Qualified Immunity The guards argue that they are entitled to qualified immunity because they did not violate any clearly established constitutional right of which a reasonable person would have known.

DAVIS v. BURKE

District Court, D. New Jersey · Mar 7, 2022

“Qualified immunity shields government officials from personal liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would … App’x 373, 378-79 (3d Cir. 2004) (“To the extent the Supervisory Defendants fail to address the issue [of whether a right was clearly established], therefore, their claim for qualified immunity fails ipso facto.”).

Mitchell v. Rice

954 F.2d 187 · Court of Appeals for the Fourth Circuit · Jan 10, 1992

In reviewing appellants’ qualified immunity defense, we look to substantive Eighth Amendment law as established at the time of the alleged violations. … Because the record in this case does not adequately address all the issues necessary to determine whether prison officials violated clearly established law, we cannot grant qualified immunity at this time.

162373_134_01.Pdf

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.

Morgan v. Union County

268 N.J. Super. 337 · New Jersey Superior Court Appellate Division · Nov 16, 1993

Qualified immunity shields government officials from liability for civil damages when they perform discretionary functions, unless their acts violate clearly established constitutional rights of which a reasonable person … In our view, the presentment was highly relevant respecting the defense of qualified immunity.

McDougald v. Clagg

District Court, S.D. Ohio · Oct 5, 2021

In other words, plaintiffs must articulate why the asserted constitutional rights count as “clearly established,” or else qualified immunity bars those claims. … retaliation claim, McDougald once again waived the clearly-established prong of qualified immunity with respect to that claim.

Governmental Interinsurance Exchange v. Judge

Illinois Supreme Court · May 18, 2006

City of Aurora, 71 Ill. 2d 1, 11 (1978) (AThis court has clearly established the rule that once a governmental unit >adopts a plan in the making of public improvements,= it owes a duty to a plaintiff to maintain those improvements … AThe above regulations clearly establish that, contrary to the dissent=s statement *** a broken yellow line does indicate a passing zone.

Buckner v. Lower Florida Keys Hosp. Dist.

403 So. 2d 1025 · District Court of Appeal of Florida · Aug 11, 1981

To support a cause of action for conspiracy to defame, it is therefore incumbent upon a plaintiff to properly allege those elements which would establish a defamation, one of which is a publication. Barry College v. … Although some do not heed to the pleading requirements, it is still mandatory under established precedent that a complaint must allege ultimate facts. Ocala Loan Company v. Smith, 155 So.2d 711 (Fla. 1st DCA 1963).

Allen v. Pacheco

District Court, M.D. Florida · Dec 11, 2020

a clearly established constitutional right.’” … As Officer Suttle did not raise the qualified immunity issue for any other claims, Allen did not have a sufficient opportunity to respond regarding qualified immunity for those claims

Diana G. Schlegel and Central Pacific Freight Lines, an Oregon Corporation v. William Bebout and Bob Russell

841 F.2d 937 · Court of Appeals for the Ninth Circuit · Mar 8, 1988

The Court pointed out that the right to due process of law is quite clearly established by the Due Process Clause, and thus it could follow that any action that violates that clause violates a clearly established right regardless … Based upon these principles, appellants are entitled to immunity if they can prove that a reasonable PUC official could have believed that the action taken was lawful, in light of clearly established law.

Pedro Rivera v. Don Bell

509 F. App'x 628 · Court of Appeals for the Ninth Circuit · Feb 19, 2013

The district court properly granted summary judgment on Rivera’s excessive force claim under the doctrine of qualified immunity because Rivera failed to raise a genuine dispute of material fact as to whether defendant used … Callahan, 555 U.S. 223, 231-32 (2009) (defendants were entitled to qualified immunity where there is no violation of plaintiff’s constitutional right or the right at issue was not “clearly established”).

Joni Zaya v. Kul Sood

836 F.3d 800 · Court of Appeals for the Seventh Circuit · Sep 6, 2016

“The doctrine of quali- fied 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 … Bussey, then his conduct violates clearly established law under the Eighth Amendment. See Petties, slip op. at 18.

Jacquelyn Wallace v. Nancy Cummings

843 F.3d 763 · Court of Appeals for the Eighth Circuit · Dec 9, 2016

The defendants moved for summary judgment, and Cummings argued that she was entitled to qualified immunity because she had shot Wallace unintentionally. … A government official is entitled to qualified immunity unless (1) the official violated a plaintiff's constitutional right and (2) that right was clearly established at the time of the violation. Pearson v.

Robert R. Rowe v. Fort Lauderdale

279 F.3d 1271 · Court of Appeals for the Eleventh Circuit · Jan 23, 2002

Qualified immunity shields government officials who perform discretionary governmental functions from civil liability so long as their conduct does not violate any “clearly established statutory or constitutional rights … But, by assuming the role of an investigator, he took on a qualified immunity that protected all of his actions in performing that role that did not violate clearly established rights of which a reasonable person in his

Cleveland-Perdue v. Brutsche

881 F.2d 427 · Court of Appeals for the Seventh Circuit · Aug 4, 1989

Under the Harlow standard, qualified immunity should be granted when the official’s conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known. … In denying defendant’s qualified immunity motion, the district court concluded that Thomas v. Pate had clearly established the right at issue. This reliance was misplaced. As noted above, Thomas v.

Reardon v. State of Mississippi

District Court, N.D. Mississippi · Jun 28, 2023

Once an individual raises qualified immunity in good faith, the burden shifts “to the plaintiff, who must rebut the defense by establishing that the official’s allegedly wrongful conduct violated clearly established law … Here, once the individual actors raised qualified immunity, the burden shifted to Reardon to point to clearly established law indicating that the individual actors’ conduct was unlawful.

Gordon v. Holly Springs School District

District Court, N.D. Mississippi · Sep 27, 2021

Thomas, 843 F.3d 172, 177 (5th Cir. 2016) (“Qualified immunity protects officers from suit unless their conduct violates a clearly established constitutional right.”) (quoting Mace v. … Qualified immunity calls for a bifurcated test in which the court must first determine (1) “whether the plaintiff has alleged a violation of a clearly established statutory or constitutional right that was clearly established

Hamid Yazdianpour v. Safeblood Technologies, Inc.

779 F.3d 530 · Court of Appeals for the Eighth Circuit · Feb 27, 2015

Ct. 884, 891-92 (2011) (“Ordinarily, orders denying summary judgment do not qualify as ‘final decisions’ subject to appeal [under 28 U.S.C. § 1291].”); 28 U.S.C. § 2107(a) (requiring appeal be filed within thirty days after … As Wanlass dealt with constructive knowledge for purposes of a laches defense, it is inapposite to the issue whether Licensees can establish justifiable reliance for purposes of a fraud claim under Arkansas law.

Herrera v. Florence McClure Women's Correctional Center

District Court, D. Nevada · Sep 9, 2025

The defendants enjoy qualified immunity from Herrera’s claims because 11 she has not shown that their conduct violated a clearly established right. 12 Qualified immunity shields government officials “from … unlawful, summary judgment based on qualified 4 immunity is appropriate.”32 5 The central dispositive inquiry for finding a right “clearly established” is “whether it