Case law

Keshone Owens v. James Dzurenda

Court of Appeals for the Ninth Circuit · May 16, 2023

but did not address whether the law was clearly established). 3 has begun to run.” … We reverse the district court’s denial of qualified immunity and remand with instructions to grant Appellants’ motion to dismiss based on qualified immunity.

Haygood v. Johnson

70 F.3d 92 · Court of Appeals for the Eleventh Circuit · Dec 4, 1995

clearly established federal law. … McMillian, 939 F.2d 1479, 1497-98 & n. 32 (11th Cir.1991) (law can be "clearly established" for qualified immunity purposes by decisions of U.S.

Spicer v. Hilton

618 F.2d 232 · Court of Appeals for the Third Circuit · Feb 28, 1980

However, it is well established that courts have a duty to avoid passing upon a constitutional question if the case may be disposed of on some other ground. Hagans v. … It is clearly established that the state’s immunity can be waived by the state, see, e. g., Petty v. Tennessee-Missouri Bridge Comm’n., 359 U.S. 275, 276 , 79 S.Ct. 785 , 3 L.Ed.2d 804 (1959); Gunter v.

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.

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).

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

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.”

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

Clemente Properties, Inc. v. Pierluisi

District Court, D. Puerto Rico · Sep 22, 2023

Qualified immunity applies where: (1) a federal right was violated, and (2) “the unlawfulness of the conduct was clearly established at the time.” Lawless, 63 F.4th at 67. … Courts may begin the qualified immunity analysis by considering the clearly established prong. See Id.

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."

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.

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.

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

Saez v. Judicial Branch

District Court, D. Connecticut · Mar 31, 2025

Callahan, 555 U.S. 223, 244 (2009) (recognizing that the qualified immunity “inquiry turns on the objective legal reasonableness of the action, assessed in light of the legal rules that were clearly established at the time … See id. at 231 (“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 rights of which

DEDURO v. THE NEW JERSEY DEPARTMENT OF HEALTH

District Court, D. New Jersey · Sep 18, 2025

A court analyzing a defense of qualified immunity must determine both (1) whether the plaintiff has shown a violation of a constitutional right and, (2) whether the right was “clearly established” at the time of the alleged … However, even if Kane did create such notice, single out-of-circuit case is insufficient to clearly establish a right” for purposes of qualified immunity. Porter v. Pa.

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.

Christopher Kiesling v. Ross Spurlock

859 F.3d 529 · Court of Appeals for the Eighth Circuit · Jun 9, 2017

The doctrine of qualified immunity “protects government officials ‘from liability for civil damages insofar as then-conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … As such, the district court erred in determining that Spurlock was not entitled to qualified immunity. 7 Accordingly, the district court’s order denying qualified immunity as to Officer Spurlock is reversed. .Contrary to

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.

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

Jeanniton v. City and County of Honolulu

District Court, D. Hawaii · Aug 4, 2021

clearly established.” … The officer is entitled to qualified immunity if the law at the time of the incident did not clearly establish that the officer’s conduct violated the United States Constitution