Case law

Huff v. City of Burbank

632 F.3d 539 · Court of Appeals for the Ninth Circuit · Jan 11, 2011

Qualified Immunity Qualified immunity can shield government officials from individual civil lia *548 bility where their conduct “does not violate clearly established statutory , or constitutional rights of which a reasonable … If the officers violated such a right, but it was not clearly established, then they are entitled to immunity. Hopkins, 573 F.3d at 762 .

Gibson v. Idleberg

District Court, M.D. Florida · Sep 18, 2025

was clearly established at the relevant time.” … Torreso, 764 F.3d 217, 237 (2d Cir. 2014) (“An officer is not entitled to qualified immunity on the grounds that the law is not clearly established every time a novel method is used to inflict injury.”

Angelo DiLuzio v. Village of Yorkville Ohio

796 F.3d 604 · Court of Appeals for the Sixth Circuit · Aug 6, 2015

Specifically, as pertinent here, the court denied qualified immunity to Mayor DiFilippo and Fire Chief Klubert on the due process claim concerning demolition of the building, denied qualified immunity to Police Chief Morelli … Qualified immunity shields government officials in the performance of discretionary functions from standing trial for civil liability unless their actions violate clearly established rights. Harlow v.

Marlin v. Bill Rich Construction, Inc.

198 W. Va. 635 · West Virginia Supreme Court · Nov 15, 1996

Thus, appel-lee argues that the Tort Claims Act clearly contemplates immunity in the instant claim. … The complaint alleged derivative claims for loss of love, society, comfort, companionship, and services that would not survive immunity under W.Va.Code § 29-12A-5(a)(11), if the Board could establish such immunity as set

Lancaster v. Monroe County

116 F.3d 1419 · Court of Appeals for the Eleventh Circuit · Jul 11, 1997

Government officials performing discretionary ftmctions are entitled to qualified immunity “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would … Because the law clearly established that such conduct violated a pre-trial detainee’s Fourteenth Amendment right to due process, the defendants are not entitled to qualified immunity. B.

Ortiz v. Hasper

District Court, E.D. New York · Jan 12, 2022

When an official asserts a qualified immunity defense, courts consider whether “(1) the official violated a statutory or constitutional right, and (2) . . . the right was ‘clearly established … The difference is that “the qualified immunity inquiry goes on to ask whether any constitutional violation was clearly established.” Jackson v. Tellado, 236 F.

Ramirez v. New Mexico Department of Corrections

District Court, D. New Mexico · Aug 16, 2023

Plaintiff has also not shown that Defendant Gonzales violated clearly established First Amendment law. Plaintiff acknowledged that Defendant Gonzales raised qualified immunity in his summary judgment motion. … Glanz, 813 F.3d 938, 952 n.10 (10th Cir. 2015) (plaintiff has burden under qualified immunity to show violation of clearly established law, even when defendant does not expressly discuss clearly established law); see also

Paduch v. City of Johnson City

896 S.W.2d 767 · Tennessee Supreme Court · Mar 27, 1995

Mandamus is a summary remedy, extraordinary in its nature, and to be applied only *770 when a right has been clearly established. Peerless, 14 S.W.2d at 733 . … If the right be doubtful, it must be first established in some other form of action; mandamus will not lie to establish as well as enforce a claim of uncertain merit.

McCrae v. City of Salem

District Court, D. Oregon · Mar 10, 2023

qualified immunity at this stage.” … An officer who has violated the Fourth Amendment may nonetheless be entitled to qualified immunity so long as the officer did not violate “clearly established statutory or constitutional rights of which a reasonable person

Freeman v. Sansom

District Court, D. Connecticut · Feb 16, 2024

Qualified Immunity Qualified immunity is intended to shield public officials from liability from civil damages when their actions were objectively reasonable in light of clearly … App’x 238, 242 (2d Cir. 2010) (“To be denied summary judgment on qualified immunity, an official must violate clearly established law.”) (citing Harlow v.

Glenn Dale Simkunas v. Michael Tardi and Robert Troy

930 F.2d 1287 · Court of Appeals for the Seventh Circuit · May 3, 1991

Qualified Immunity Police officers are entitled to qualified immunity “if officers of reasonable competence could disagree” on whether there was probable cause to make an arrest. Malley v. … They were entitled to the defense of qualified immunity, and summary judgment on this basis was therefore appropriate. B.

Kulwicki, III v. Dawson

969 F.2d 1454 · Court of Appeals for the Third Circuit · Jul 2, 1992

He is immune if he acted reasonably with respect to Kulwicki's constitutional rights, or if he did not violate clearly established law. … communication, however, we find that Loutzenhiser is entitled to qualified immunity because Kulwicki fails to allege a violation of clearly established federal law.

Dwayne Cochran v. Town Of Jonesborough, Tennessee

Court of Appeals of Tennessee · Mar 27, 2019

established right[.]” … Lubelan, 675 F.App’x. 497, 500 (6th Cir. 2016) (“[H]andcuffing someone so tightly that the handcuffs themselves cause injury is indeed a clearly established violation of the Fourth Amendment[.]”).

Monaghan v. Moates

District Court, M.D. Alabama · Mar 20, 2023

Moreover, when the Aguirre court discussed the “clearly established” prong of qualified immunity, it did not mention arguable probable cause and instead analyzed whether the plaintiff had a clearly established right to … Because Monaghan has established a genuine dispute over whether Williams and Moates violated his clearly established rights under the Fourth Amendment, neither Williams nor Moates are entitled to qualified immunity at this

Tyree Bell v. Officer Peter Neukirch

979 F.3d 594 · Court of Appeals for the Eighth Circuit · Oct 28, 2020

was clearly established at the time.” … If their unlawful conduct was clearly established, then they are not entitled to qualified immunity. See id.

Castagna v. Jean

Court of Appeals for the First Circuit · Jul 2, 2021

Town of Eastham, 745 F.3d 8, 14 (1st Cir. 2014) (holding that officers who entered home under community caretaking exception were entitled to qualified immunity because unlawfulness of conduct was not clearly established) … To defeat the officers' assertion of qualified immunity, the Castagnas must show that the officers' conduct was clearly established as unlawful in 2013. See District of Columbia v. Wesby, 138 S. Ct. 577, 589 (2018).

Fox v. Coughlin

893 F.2d 475 · Court of Appeals for the Second Circuit · Jan 4, 1990

The district court denied Fox’s motion and granted the appellees’ cross motion for summary judgment on the grounds that they were protected by qualified immunity because Fox did not have a “clearly established” right to assistance … These reasons satisfy the flexible standard set forth in Wolff , and bars Fox’s § 1983 claim against DiLoreto under qualified immunity.

Walden v. Carmack

156 F.3d 861 · Court of Appeals for the Eighth Circuit · Sep 28, 1998

In resolving a case in which the defense of qualified immunity has been raised, this Court must determine whether the appellees asserted a violation of a federal right, whether that right was clearly established, and whether … These persons are immune from suit on the basis of qualified immunity unless their conduct violated clearly established statutory or constitutional rights of which a reasonable person would have known. Harlow v.

Sherrod v. McHugh

District Court, District of Columbia · Sep 25, 2018

Accordingly, Detective McHugh is entitled to qualified immunity on this claim because the stop did not violate the Sherrods’ constitutional rights or, at the very least, it was not clearly established that a stop of this … established, he is entitled to qualified immunity.

Clemente Properties, Inc. v. Pierluisi-Urrutia

Court of Appeals for the First Circuit · Jan 16, 2026

recognizing that judges may begin by considering whether a right is "clearly established"). … Under the qualified immunity doctrine, an official is immune to liability for damages when his or her "conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would