Case law

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.

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.

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.”

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

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.

Jeffers v. Albright

District Court, S.D. West Virginia · Feb 28, 2023

Thus, if the WVRJCFA is shown to have “violated a clearly established right or law with respect to training, supervision, or retention of [the correctional officer], the WVRJCFA is not entitled to immunity … Va. 2017) (“qualified immunity is broad and protects all but the plainly incompetent or those who knowingly violate the law” (internal quotation marks and citations omitted)).

Gillespie v. Boudreau

District Court, N.D. Illinois · Sep 29, 2025

denied qualified immunity because it was clearly established— as of 1987—that prosecutors violate the Constitution when they fabricate evidence introduced at trial. 682 F.3d at 585–86 (emphasis added); see also Smith v. … clearly establish the right).

McClain v. Delgado

132 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”.

J.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).

(PC) Rico v. Ducart

District 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.

Estate 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. 

Raiche v. Pietroski

623 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

Anthony 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.

Casey v. City of Federal Heights

509 F.3d 1278 · Court of Appeals for the Tenth Circuit · Dec 10, 2007

Clearly Established Law Because Officer Sweet asserts qualified immunity, we must decide not only whether Mr. … Clearly Established Law Like Officer Sweet, Officer Lor asserts qualified immunity, so we must also decide whether her use of excessive force violated “clearly established law.” Saucier, 533 U.S. at 207.

Cuomo

District Court, N.D. New York · Mar 24, 2026

Wright, 386 F.3d 432, 434, 436 (2d Cir. 2004) (describing a defendant’s burden of establishing a qualified immunity defense in a Rule 12(b)(6) motion as a “formidable hurdle”). … Sept. 17, 2013) (denying motion to dismiss on qualified immunity grounds where the defendant “only include[d] the legal standard for establishing qualified immunity and, in a conclusory manner, state[d] that the claims

Brown

District 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.

Holly Schulkers v. Elizabeth Kammer

955 F.3d 520 · Court of Appeals for the Sixth Circuit · Mar 30, 2020

A right is clearly established for purposes of overcoming the qualified immunity defense when existing precedent has “placed the statutory or constitutional question beyond debate.” White v. Pauly, 137 S. … established prong of the qualified immunity analysis.”

United States v. Reid

139 F.3d 1367 · Court of Appeals for the Eleventh Circuit · Apr 29, 1998

Other than this brief comment, nothing in the record tells us why the court concluded that the appellant did not qualify for a § 5C1.2 reduction. … Furthermore, the evidence in the record does not clearly establish that he did not qualify.

Natia Sampson v. County of Los Angeles

974 F.3d 1012 · Court of Appeals for the Ninth Circuit · Sep 9, 2020

But, critically, the 2011 case did not reach the clearly established prong of the qualified immunity analysis and said nothing about whether the right was clearly established prior to 2011. See Glenn, 673 F.3d at 870. … Therefore, because the same clearly established right at issue in Capp is also at issue here, the cases that supported denial of qualified immunity in Capp also compel us to deny qualified immunity in the instant case. 4

Louis Doss v. John Young

626 F. App'x 453 · Court of Appeals for the Fifth Circuit · Sep 18, 2015

Qualified Immunity Government officials may invoke qualified immunity to shield themselves “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … Clearly Established Law Turning to the second prong of the qualified immunity analysis, we consider whether Helpenstell’s conduct was proscribed by clearly established law at the time of the incident.