Case law
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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.”
Cited 0 timesPublished167 F.3d 995 · Court of Appeals for the Sixth Circuit · Feb 11, 1999
Thus, Satterfield is not entitled to qualified immunity for these alleged acts, because they violated the plaintiffs’ clearly established constitutional rights. Y. … In rejecting Coarsey’s qualified immunity claim, the district court determined that ”[s]oIici-tation of false testimony for use in prosecuting an individual violates clearly established constitutional rights.”
Cited 97 timesPublishedAnthony Perez v. City of Fresno
98 F.4th 919 · Court of Appeals for the Ninth Circuit · Apr 15, 2024
The panel held that the law-enforcement officers were entitled to qualified immunity. At the time of Perez’s death in 2017, the law did not clearly establish, nor was it * The Honorable Danny J. … The district court likewise granted Anderson qualified immunity because existing law did not clearly establish, nor was it obvious, that Anderson’s conduct in providing medical care was unconstitutional.
Cited 30 timesPublished16 F.3d 75 · Court of Appeals for the Fifth Circuit · Mar 10, 1994
Helvering, 293 U.S. 465, 55 S.Ct. 266, 79 L.Ed. 596 (1935) (holding that a transaction, although qualifying in form, failed to qualify in substance as a reorganization because "[t]o hold otherwise would be to exalt artifice … We must, however, accept the Tax Court's findings of fact unless they are clearly erroneous. Commissioner v. Duberstein, 363 U.S. 278, 291, 80 S.Ct. 1190, 1200, 4 L.Ed.2d 1218 (1960).
Cited 42 timesPublishedThe Estate of Roosevelt Holliman v. Turner
District Court, N.D. Mississippi · Feb 10, 2023
constitutional right, and (2) that the right was clearly established at the time of the challenged conduct.” … Once qualified immunity has been “raised as a defense by a defendant, … the plaintiffs have the burden of establishing the proof and arguments necessary to overcome it.” Strickland v. City of Crenshaw, 114 F.
Cited 0 timesUnknownDistrict Court, E.D. Michigan · Sep 2, 2022
On the other hand, the Crawford court held that the general preference to not grant motions to dismiss on qualified immunity “might have more vitality in the clearly established context” where “the application … Indeed, the court stated, “[d]ismissing for qualified immunity on [the clearly established prong] is sometimes difficult because the . . . inquiry may turn on case-specific details that must be fleshed out in discovery.
Cited 0 timesUnknownJ.M. v. Parlier Unified School District
District Court, E.D. California · Nov 10, 2021
Qualified Immunity 14 Qualified immunity applies when an official’s conduct does not violate clearly established 15 statutory or constitutional rights of which a reasonable … City of Roseville, 882 F.3d 843, 856-57 (9th Cir. 2018) (noting that Ninth Circuit 27 precedent is sufficient to meet the “clearly established” prong of qualified immunity).
Cited 0 timesUnknown496 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.
Cited 424 timesPublishedOrona 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.
Cited 0 timesUnknown623 F.3d 30 · Court of Appeals for the First Circuit · Oct 25, 2010
Qualified immunity affords limited protection to public officials faced with liability under 42 U.S.C. § 1983, "'insofar as their conduct does not violate clearly established statutory or constitutional rights of which … Prong Two: The Right was Clearly Established Pietroski may still mount a successful qualified immunity defense if Raiche's Fourth Amendment right was not clearly established at
Cited 149 timesPublished513 F.3d 492 · Court of Appeals for the Fifth Circuit · Jan 14, 2008
A government official performing discretionary functions is entitled to qualified immunity unless his conduct violates clearly established statutory or constitutional rights of which a reasonable person would have known.21 … We also hold that the defendants have not established that they are entitled to qualified immunity.
Cited 373 timesPublishedDistrict Court, District of Columbia · Aug 20, 2024
“The United States is generally immune from suit unless there is explicit statutory waiver of its sover- eign immunity.” Lewis v. D.C. Police Dep’t, 271 F. … Supp. 3d 18, 23 (D.D.C. 2022) (“The Privacy Act provides a waiver of sovereign immunity, but the waiver is limited in scope: the Act only waives sovereign immunity for ‘actual damages.’ . . .
Cited 0 timesPublishedDistrict Court, E.D. California · Feb 6, 2020
Qualified Immunity 4 Government officials enjoy qualified immunity from civil damages unless their conduct 5 violates clearly established statutory or constitutional rights … immunity where their conduct did not violate clearly 5 | established law.
Cited 0 timesUnknown132 F.4th 362 · Court of Appeals for the Fifth Circuit · Mar 20, 2025
Once qualified immunity is asserted, the burden “shifts to the plaintiff, who must rebut the defense by establishing a genuine fact issue as to whether the official’s allegedly wrongful conduct violated clearly established … To overcome a qualified-immunity defense, plaintiff “must show: (1) that the official violated a statutory or constitutional right, and (2) that the right was clearly established at the time of the challenged conduct”.
Cited 0 timesPublished500 F.3d 1200 · Court of Appeals for the Tenth Circuit · Sep 11, 2007
Even if the officers’ use of pepper spray was not objectively reasonable, M echam has failed to meet the other requirement necessary to defeat qualified immunity— that the law was clearly established at the time of the … , the officers w ere entitled to qualified immunity because no clearly established law foreclosed the use of force in the circumstances here.
Cited 97 timesPublishedEstate of Ryan L. Clark v. Tina Kuehn
Court of Appeals for the Seventh Circuit · Jul 26, 2017
First, he argues that it is “doubtful” whether cir‐ cuit precedent can clearly establish law for purposes of quali‐ fied immunity. … Finally, Walker argues that the clearly established prohibi‐ tion on deliberate indifference to prisoners’ and jail inmates’ risk of suicide is too general to be enforceable for purposes of qualified immunity.
Cited 0 timesPublishedDistrict Court, S.D. West Virginia · Sep 27, 2019
Qualified immunity protects government officials from civil damages in § 1983 actions “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would … the qualified immunity analysis.
Cited 0 timesUnknown145 F.3d 1087 · Court of Appeals for the Ninth Circuit · May 29, 1998
"When a law enforcement officer asserts qualified immunity from liability for Fourth Amendment violations, the district court must determine whether, in light of clearly established principles governing the conduct in question … established for purposes of determining whether the officers have qualified immunity. 25 Id. at 1362 .
Cited 31 timesPublishedDistrict Court, E.D. Arkansas · Mar 2, 2026
Ernst, 933 F.3d 975, 979 (8th Cir. 2019); Morgan, 920 F.3d at 523 (in determining whether an officer has qualified immunity, courts must answer whether the officer violated a clearly established right). … For all of these reasons, Brown did not violate Nelson’s clearly established rights.
Cited 0 timesUnknownDistrict Court, C.D. Illinois · Mar 29, 2024
and (2) whether the right alleged to have been violated was clearly established. … Liebel, 877 F.3d 346 (7th Cir. 2017) (affirming qualified immunity, and holding that Turner merely creates a generalized framework to analyze claims and cannot create clearly established law
Cited 0 timesUnknown
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