Case law

Michelin D. McKee v. James Montiel

Court of Appeals for the Eleventh Circuit · May 8, 2025

Such a violation would also violate clearly established law, as required to overcome qualified immunity. … See Hall, 975 F.3d at 1275 (explaining that to defeat qualified immunity, the plaintiff must establish that the defendant violated a “clearly established” constitutional right).

D.A.R. v. R.E.L.

272 So. 3d 1030 · Supreme Court of Alabama · Sep 7, 2018

This court has recognized the difference between absolute immunity, which defeats a suit at the outset, and qualified immunity, which depends on circumstances and motivations and often must be established by evidence at trial … are not always uniform in deciding whether absolute or qualified immunity applies."

(PC) Edwards v. Swarthout

District Court, E.D. California · Apr 25, 2024

Defendant argues, third, he is entitled to qualified 15 immunity because it was not clearly established in 2010 that a modified program based partly … City of Roseville, 9 882 F.3d 843, 856-57 (9th Cir. 2018) (holding that Ninth Circuit precedent is sufficient to meet 10 the “clearly established” prong of qualified immunity).

LEE v. CLARK

District Court, D. New Jersey · Oct 1, 2025

That is not how qualified immunity works. Qualified immunity is determined on a claim-by-claim basis, See Behrens v. … Pa, 2018) (“It would be strange to say that right X is clearly established just because right Y is clearly established and happens to prohibitthe same conduct.”), On this basis alone, reconsideration is improper

Ramirez v. Killian

District Court, N.D. Texas · Aug 12, 2022

violated clearly established law.” … Plaintiffs Failed to Prove a Violation of Their Clearly Established Rights Qualified immunity applies if a reasonable officer could have believed the disputed act was lawful in light of clearly established law and

In Re STATE of Texas Ex Rel. David P. WEEKS

391 S.W.3d 117 · Court of Criminal Appeals of Texas · Jan 16, 2013

for mandamus relief when the factual scenario has never been precisely addressed but the principle of law has been clearly established. *123 B. … establishes that proposition.

Zarkower v. City of New York

District Court, E.D. New York · May 21, 2020

The defendants argue that they are entitled to qualified immunity because the alleged conduct does not violate a clearly established right. I disagree. … Qualified Immunity “A police officer is entitled to qualified immunity from liability for his discretionary actions if either (1) his conduct does not violate clearly established

Russell v. Scully

15 F.3d 219 · Court of Appeals for the Second Circuit · Jun 4, 1993

Wright moved for summary judgment on the ground that he enjoyed qualified immunity. … Judge Sweet denied the motion, holding that the failure to assess independently the credibility and reliability of informants breached a clearly established due process right and that the defense of qualified immunity was

Rombach v. Culpepper

Court of Appeals for the Fifth Circuit · Jul 13, 2021

a clearly established constitutional right.” … Sheehan, 575 U.S. 600, 613 (2015) (“Qualified immunity is no immunity at all if ‘clearly established’ law can simply be defined as the right to be free from unreasonable searches and seizures.”).

In re Possible Violations of 18 USC 371, 641, 1503

564 F.2d 567 · Court of Appeals for the D.C. Circuit · Sep 2, 1977

In particular, the Court observed *86 that official harassment of the press undertaken solely to disrupt a reporter’s relationship with news sources would clearly be subject to judicial control. 18 In a separate opinion, … A newsman can claim no general immunity, qualified or otherwise, from grand jury questioning. On the contrary, like all other witnesses, he must appear and normally must answer.

Burden v. Carroll

108 F. App'x 291 · Court of Appeals for the Sixth Circuit · Aug 12, 2004

Qualified Immunity Mitchell v. … Qualified immunity affords government officials an immunity from suit “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known” (Harlow

Tooly v. Schwaller

919 F.3d 165 · Court of Appeals for the Second Circuit · Mar 20, 2019

The Lack of Clearly Established Law For qualified immunity to apply, it is sufficient that no clearly established law has held that "an officer acting under similar circumstances" violated an employee's due process rights … And we conclude that, since Schwaller has not violated Tooly's clearly established rights, he is entitled to qualified immunity.

Ferebee v. Gilley

District Court, W.D. Virginia · Aug 25, 2022

Because Defendants have not shown that this right was not clearly established in 2020 when the claims in this case arose, they cannot sustain a qualified immunity defense.1 Pearson v. … Callahan, 555 U.S. 223, 231 (2009) (“The doctrine of qualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional

Margaret L. Hosty, Jeni S. Porche, and Steven P. Barba v. Patricia Carter, and Governors State University

412 F.3d 731 · Court of Appeals for the Seventh Circuit · Jun 20, 2005

Only if the answer is affirmative does the court inquire whether the official enjoys qualified immunity. … She therefore is entitled to qualified immunity from liability in damages. Reversed.

Cheryl Ann Piechowicz, Individually and as Personal Representative of the Estate of David Scott Piechowicz Sherrie Marie Waldrup, a Minor by Cheryl Ann Piechowicz, Her Mother and Next Friend Melva Kennedy, "To the Use of Walter Piechowicz" "To the Use of Florence Piechowicz" "To the Use of Reliance Insurance Company" John I. Kennedy, Jr., Individually and as Personal Representative of the Estate of Susan C. Kennedy v. United States of America James Savage, Individually and as Assistant United States Attorney for the District of Maryland John Ryan, Individually and as an Agent of the Drug Enforcement Administration of the United States, Cheryl Ann Piechowicz, Individually and as Personal Representative of the Estate of David Scott Piechowicz Sherrie Marie Waldrup, a Minor by Cheryl Ann Piechowicz, Her Mother and Next Friend John I. Kennedy, Jr., Individually and as Personal Representative of the Estate of Susan C. Kennedy Melva Kennedy, "To the Use of Walter Piechowicz" "To the Use of Florence Piechowicz" "To the Use of Reliance Insurance Company" v. United States of America James Savage, Individually and as Assistant United States Attorney for the District of Maryland John Ryan, Individually and as an Agent of the Drug Enforcement Administration of the United States

885 F.2d 1207 · Court of Appeals for the Fourth Circuit · Sep 20, 1989

it did not "violate clearly established statutory or constitutional rights of which a reasonable person would have known." … Forsyth, 472 U.S. 511 , 105 S.Ct. 2806 , 86 L.Ed.2d 411 (1985) (allocating to the plaintiff the burden to "state a claim of violation of clearly established law" to avoid dismissal based on qualified immunity).

McNair v. Bace

District Court, D. Maryland · Jun 5, 2025

McNair has stated a viable claim, he is entitled to qualified immunity because it was not clearly established at the time of the incident that his actions constituted an excessive use of force. ECF No. 38-1 at 14. … established for any future qualified immunity cases involving similar circumstances.”

Castro

District Court, D. Utah · Mar 18, 2026

“Individual defendants named in a § 1983 action may raise a defense of qualified immunity, which shields public officials from damages actions unless their conduct was unreasonable in light of clearly established law.”43 … Thus, while a case need not be directly on point, precedent must still put the underlying question beyond debate.”79 When assessing the “clearly established” prong of qualified immunity, courts are to pay close attention

Moorehead v. SCHOOL DISTRICT OF THE CITY OF ALLENTOWN

District Court, E.D. Pennsylvania · Jul 16, 2024

Coffey, 905 F.3d 138, 144 (3d Cir. 2018) (granting qualified immunity for lack of clearly established law regarding electronic communications in the workplace); United States v. … But if they weren’t, these unsettled issues would weigh heavily in favor of qualified immunity.

Martinez v. Beggs

563 F.3d 1082 · Court of Appeals for the Tenth Circuit · Apr 21, 2009

When a defendant asserts qualified immunity at summary judgment, the burden shifts to the plaintiff to show that: (1) the defendant violated a constitutional right and (2) the constitutional right was clearly established … In this case, because defendants did not violate Ginn’s constitutional rights, we need not address whether those rights were clearly established.

Rutledge v. Hatton

District Court, N.D. California · Oct 2, 2020

To determine whether an 15 officer is entitled to qualified immunity, the Court must consider whether (1) the officer’s conduct 16 violated a constitutional right, and (2) that right was clearly established at the time … Appx. 415, 418 (9th Cir. 27 2002) (denying qualified immunity because it is clearly established that refusing requests from a 1 indifference to medical needs).