Case law

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.

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

Schroeder v. Kochanowski

311 F. Supp. 2d 1241 · District Court, D. Kansas · Mar 31, 2004

The defense of qualified immunity shields government officials performing discretionary functions from individual liability under § 1983 unless their conduct violates “clearly established statutory or constitutional rights … reasonable in light of clearly established law.

Fambrough v. City of East Cleveland, Ohio

District Court, N.D. Ohio · Mar 19, 2025

“The doctrine of qualified immunity provides that ‘government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established … Although Smedley was not entitled to qualified immunity at the motion to dismiss stage, the record before the Court on summary judgment establishes he is entitled to qualified immunity.

Laborde-Garcia v. Puerto

Court of Appeals for the First Circuit · May 18, 1993

The district court entered __________ an injunction ordering the Company to reinstate her, and it denied the individual defendants' claims of "qualified immunity." … Creighton, 483 U.S. 635 , 638-41 ___ ________ _________ (1987) (state actors have qualified immunity unless -8- 8 precedent would have alerted reasonable person that action would infringe "clearly established" constitutional

Estate of Richard Ward v. Lucero

Court of Appeals for the Tenth Circuit · Jun 10, 2026

was clearly established at the time of the defendant’s violative conduct.” … whether that law was clearly established at the time of the alleged violation.”

Lance McNeal v. Gary Kott

590 F. App'x 566 · Court of Appeals for the Sixth Circuit · Nov 4, 2014

To pierce the qualified immunity shield, McNeal must show (1) that Kott and LaLonde violated his constitutional rights and (2) that the right was “clearly established” at the time. See Leary, 528 F.3d at 441 . … Because McNeal cannot identify a violation of any “clearly established” right, Kott and LaLonde deserve qualified immunity.

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

Ross W. Sorrels v. Ronald McKee David Buss Cly Evans Archie Grant Loreli, Cruthers Kay Walter Jim Blodgett Joseph Lehman

290 F.3d 965 · Court of Appeals for the Ninth Circuit · May 17, 2002

The officials defended on grounds of qualified immunity, arguing that until the Ninth Circuit upheld the district court decision in Crofton , the law with respect to the “no gift publication” policy was not “clearly established … The law would be clearly established and defendants’ qualified immunity defense would fail.

Perkins

District Court, M.D. Alabama · Feb 3, 2026

Qualified Immunity Qualified immunity shields government officials from personal liability “for civil damages insofar as their conduct does not violate clearly established … Thus, Plaintiff also must show that the right allegedly violated by Commissioner Hamm was clearly established to overcome qualified immunity.

Wilson v. Kelkhoff

86 F.3d 1438 · Court of Appeals for the Seventh Circuit · Jun 18, 1996

P. 12(b)(6), arguing that Wilson’s complaint failed to state a claim because, among other things, Brown, Moore, and Wells were entitled to absolute or qualified immunity and Kelkhoff was entitled to qualified immunity. … The question of whether a particular constitutional right is clearly established is reviewed de novo. Maltby v. Winston, 36 F.3d 548, 555 (7th Cir.1994), cert. denied, — U.S.-, 115 S.Ct. 2576 , 132 L.Ed.2d 827 (1995).

Walczyk v. Rio

496 F.3d 139 · Court of Appeals for the Second Circuit · Aug 1, 2007

Only if the answer to the first question is yes must a court proceed to the inquiry for qualified immunity: Was the right at issue clearly established at the time of the defendant’s actions? … If the right at issue was not clearly established by then existing precedent, then qualified immunity shields the defendant.

T.D. v. Patton

868 F.3d 1209 · Court of Appeals for the Tenth Circuit · Aug 28, 2017

Patton addresses only the second prong of her qualified-immunity defense— whether she violated a clearly established constitutional right. … Patton does not persuade us that she is entitled to qualified immunity for lack of clearly established law. i. Post-custody conduct Ms.

Orona v. Board of Commissioners for Bernalillo County

District Court, D. New Mexico · Feb 21, 2020

Constitutional Violation was Not Clearly Established. Alternatively, the Court concludes that Plaintiffs failed to satisfy their burden on the clearly established prong of qualified immunity. … Here, Defendant Sena-Henderson asserted qualified immunity and specifically the clearly established prong.

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.

Vorobyev v. Bloomsburg University of Pennsylvania

District Court, M.D. Pennsylvania · Oct 31, 2022

Moreover, we find that the law was not clearly established at the time of Wolfe’s alleged violative act; therefore, Wolfe is shielded by the doctrine of qualified immunity. … the right was clearly established.

X-Men Security, Inc. v. Governor George Pataki

196 F.3d 56 · Court of Appeals for the Second Circuit · Nov 2, 1999

, contending principally that the complaint failed to allege the violation of any clearly established constitutional right and that, in any event, they were entitled to qualified immunity because it was objectively reasonable … Thus, when the district court has denied a qualified-immunity motion, its rulings that the plaintiff has sufficiently alleged the violation of a constitutional right and that--that right was clearly established at the time

Jennings v. Alexander

District Court, D. Maryland · Jul 17, 2025

Qualified Immunity Defendants assert that if Plaintiff has stated a viable claim, they are entitled to qualified immunity because it was not clearly established at the time … established for any future qualified immunity cases involving similar circumstances.”

Payne v. Cornhusker Motor Lines, Inc.

177 S.W.3d 820 · Missouri Court of Appeals · Aug 9, 2005

However, a trial court abuses its discretion when a ruling shocks one’s sense of justice, indicates a lack of consideration, and is clearly against the logic of the circumstances. Id. … Thus, although Section 490.680 requires a foundation consisting of testimony by a qualified witness, Section 490.692 allows this foundation to be established with an affidavit rather than by direct testimony. Smith v.

Perry v. Spencer

94 F.4th 136 · Court of Appeals for the First Circuit · Feb 21, 2024

The District Court granted summary judgment to the defendants based on qualified immunity after determining that, at the relevant time, clearly established law did not treat such prolonged solitary … immunity because the law was not clearly established at the time.