Case law

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

Gary L. Higgason, M.D. v. Robert F. Stephens

288 F.3d 868 · Court of Appeals for the Sixth Circuit · May 1, 2002

Qualified immunity grants government officials engaged in discretionary activities immunity from individual liability for civil damages unless their conduct violates “clearly established statutory or constitutional rights … ” in nature, then the prosecutor would only be 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

GARCIA v. CITY OF PERTH AMBOY

District Court, D. New Jersey · Sep 4, 2024

Qualified immunity is applicable unless the official’s conduct violated a clearly established constitutional right. … In other words, if the official’s conduct violated a clearly established right, qualified immunity does not apply. See id. “[C]ourts are free to address the two elements in whichever order they deem appropriate.”

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.

Singer v. Fulton County Sheriff

63 F.3d 110 · Court of Appeals for the Second Circuit · Aug 9, 1995

immunity. … See Mozzochi, 959 F.2d at 1179-80 (probable cause); Magnotti, 918 F.2d at 368 (qualified immunity). As noted above, there was probable cause to arrest and charge Singer with petit larceny.

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).

Cerrone v. Brown

246 F.3d 194 · Court of Appeals for the Second Circuit · Apr 10, 2001

Fields, 230 F.3d 502, 511 (2d Cir. 2000). 15 The district court held that the defendants were not entitled to qualified immunity on summary judgment because (1) the law was "clearly established" at the time of the seizure … I. 17 A police officer is entitled to qualified immunity from liability for his discretionary actions if either (1) his "conduct does not violate clearly established statutory or constitutional rights of which a reasonable

Ronald Kincade v. City Of Blue Springs, Missouri

64 F.3d 389 · Court of Appeals for the Eighth Circuit · Oct 12, 1995

"Public officials are entitled to qualified immunity when their 'conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.' " Buzek v. … public employees can never be "clearly established."

Fambrough v. City of East Cleveland, Ohio

District Court, N.D. Ohio · Aug 14, 2023

Dismissing for qualified immunity on this ground is sometimes difficult because the clearly established inquiry may turn on case-specific details that must be fleshed out in discovery.” Id. at 765. … In sum, dismissal on qualified immunity grounds is proper when the “complaint establishes the defense.” Siefert v.

Foust v. McNeill

310 F.3d 849 · Court of Appeals for the Fifth Circuit · Nov 12, 2002

Thigpen even tional right was not “clearly established” in had judicial authorization to seize certain 1998. … For a right to be “clearly established” in “fixtures” in the building, and he might have the context of qualified immunity, concluded the only reasonable way to do so

Lunnon v. United States

District Court, D. New Mexico · Mar 23, 2020

demonstrating a violation of a clearly-established right, qualified immunity is a viable defense in cases where RICO violations have been alleged. See Brown v. … Nationsbank Corp., 188 F.3d 579, 588 (5th Cir. 1999) (holding that FBI agents were entitled to qualified immunity for RICO claims against them because the rights asserted were not clearly established at the time of defendants

Renfroe v. Parker

District Court, S.D. Mississippi · Jun 7, 2019

clearly established law.” … at 1153 (reversing denial of qualified immunity where facts did not fit clearly established law).4 2.

Hannon v. Turnage

892 F.2d 653 · Court of Appeals for the Seventh Circuit · Jan 4, 1990

Hannon to defeat the defendants’ claim of qualified immunity, he must show that he had a clearly established property interest in continued employment with the VA. See Board of Regents v. … Hannon’s clearly established rights. Thus, the defendants are entitled to qualified immunity from Dr. Hannon’s claim that they deprived him of property without due process of law. C. Liberty Interest Dr.

Wilson v. Escambia Board of Education

District Court, S.D. Alabama · Aug 21, 2025

“The qualified immunity defense shields ‘government officials performing discretionary functions . . . from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … “Generally speaking, it is proper to grant a motion to dismiss on qualified immunity grounds when the ‘complaint fails to allege the violation of a clearly established constitutional right.’”

KAISER v. DIXON

District Court, N.D. Florida · Oct 24, 2024

Additionally, FDC Defendants raise the defense of qualified immunity in their motion to dismiss. The throughline requirement in each of these areas is the presence of a constitutional violation. … to the next step of determining if a constitutional right was clearly established”).

Jensen v. Conrad

747 F.2d 185 · Court of Appeals for the Fourth Circuit · Oct 5, 1984

But if the underlying substantive right has not yet been clearly established, good faith immunity may be invoked regardless of the language of the statute. … The Court reasoned that if the law was not clearly established, immunity should be applied at the pretrial stage so as to minimize disruption of government activities.

Tenorio v. Pitzer

802 F.3d 1160 · Court of Appeals for the Tenth Circuit · Oct 6, 2015

Qualified Immunity “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 … “Ordinarily, in order for the law to be clearly established, there must be a Su *1164 preme Court or Tenth Circuit decision on point, or the clearly established weight of authority from other courts must have found the law

Flanagan v. Munger

890 F.2d 1557 · Court of Appeals for the Tenth Circuit · Dec 8, 1989

The qualified immunity standard articulated above focuses on the objective legal reasonableness of an official's conduct measured against clearly established law at the time he acted. Id. … Qualified immunity insulates Chief Munger from liability with respect to this claim because, when he acted, the law regarding the regulation of police officers' off-duty speech in this context was not clearly established.

Garanin v. City of Scranton

District Court, M.D. Pennsylvania · Dec 22, 2022

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 … the right was clearly established.