Case law

Onie Pena v. Dallas County Hospital Dist

Court of Appeals for the Fifth Circuit · Nov 23, 2015

Ct. 1765, 1776 (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.”). … Qualified immunity thus attaches unless the law is clearly established that the defendant’s conduct amounted to a seizure.

Johnson v. Dobbins

District Court, M.D. Tennessee · Jun 17, 2021

“To survive a motion to dismiss on qualified- immunity grounds, the plaintiff must allege facts that ‘plausibly mak[e] out a claim that the defendant’s conduct violated a constitutional right that was clearly established … Here, Plaintiff alleges that the County Defendants violated clearly established law by placing him in solitary confinement without justification. (Doc. No. 67 at 10).

Robbins Ex Rel. Robbins v. Oklahoma Ex Rel. Department of Human Services

519 F.3d 1242 · Court of Appeals for the Tenth Circuit · Mar 21, 2008

the alleged violation was not clearly established. … defendant violated clearly established law.”

Kitrich Powell v. James Gibbons

453 F. App'x 712 · Court of Appeals for the Ninth Circuit · Oct 11, 2011

Dismissal was proper on Powell’s claim concerning the opening of his legal mail outside of his presence because defendants were entitled to qualified immunity. See Pearson v. … Callahan, 555 U.S. 223 (2009) (concluding that state officers were entitled to qualified immunity because their actions did not violate clearly established law); Sherman v.

Limon v. City of Laredo

District Court, S.D. Texas · Aug 4, 2025

Qualified immunity shields government officials from § 1983 liability unless their conduct violates a constitutional right that was clearly established at the time of the alleged misconduct. Mace v. … To overcome qualified immunity on his excessive force claim, Christian must show that Officer Martinez violated a constitutional right and that the right was clearly established. Guerra v.

Paez v. Nutsch

District Court, D. Nebraska · May 12, 2022

QUALIFIED IMMUNITY Qualified immunity shields officials from civil liability in a 42 U.S.C. §1983 action when their conduct “does not violate clearly established statutory or … “Qualified immunity is an affirmative defense for which the defendant carries the burden of proof. The plaintiff, however, must demonstrate that the law is clearly established.” Sparr v.

White v. Miyares

District Court, E.D. Virginia · Jun 5, 2025

As the Supreme Court has stated, “Unless the plaintiffs allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal … The qualified-immunity inquiry asks whether “the facts alleged show the officer’s conduct violated a constitutional right” and, if so, “whether the right was clearly established.” Saucier v.

Blaine Sallier v. Deborah Brooks and Christine Ramsey

343 F.3d 868 · Court of Appeals for the Sixth Circuit · Sep 18, 2003

In 1993 in Lavado , when faced with a qualified immunity issue, we held that it was clearly established as of 1987 that a prisoner’s mail could not be opened and read in an arbitrary and capricious fashion. 992 F.2d at 610 … This analysis brings us to the third step of the qualified immunity: whether Sallier has offered sufficient evidence to indicate that the defendants’ actions were objectively unreasonable in light of the clearly established

Woodhead v. Ridener

District Court, E.D. Kentucky · Jun 8, 2022

to juror to conclude that the defendant violated a clearly established constitutional right. … However, under the present circumstances, the defendants cannot be said to have violated any clearly established constitutional right. Accordingly, they are entitled to qualified immunity. 2.

Molinelli v. Tucker

901 F.2d 13 · Court of Appeals for the Second Circuit · Apr 9, 1990

The court also rejected the qualified immunity defense, noting, based on testing procedures deemed analogous to urinalysis, that the law was clearly established in October 1986 that the defendants’ conduct was subject to … The right the government official is alleged to have violated is “clearly established,” and hence beyond any qualified immunity, when the “contours” of the right are sufficiently unambiguous so that a reasonable official

Jones v. County of Tulare, California

District Court, E.D. California · Jun 20, 2023

In other words, a “public official is entitled to qualified 9 immunity unless (1) ‘the facts . . . show that the official’s conduct violated a constitutional right;’ 10 and (2) the right at issue ‘was clearly established … Granting summary judgment on the ground of qualified immunity 4 is “improper if, under the plaintiff's version of the facts, and in light of the clearly established law, 5 a reasonable officer could not have believed

FREEMAN v. SANCHEZ

District Court, M.D. North Carolina · Aug 20, 2025

Qualified Immunity Qualified immunity shields government officials performing discretionary functions from personal liability for civil damages under section 1983 … clearly established right”).

Wallingford v. Olson

592 F.3d 888 · Court of Appeals for the Eighth Circuit · Jan 25, 2010

Deputy Olson appeals the dis *890 trict court’s denial of qualified immunity. We reverse. I. … a constitutional right’ and (2) whether the asserted constitutional right is clearly established.

Lojuk v. Johnson

770 F.2d 619 · Court of Appeals for the Seventh Circuit · Aug 8, 1985

and qualified immunity. … Plaintiff argued in the alternative that even if defendants had not violated clearly established constitutional rights, they should be denied qualified immunity because they had violated a state administrative regulation.

Anita Arrington-Bey v. City of Bedford Heights

858 F.3d 988 · Court of Appeals for the Sixth Circuit · Feb 24, 2017

Qualified immunity. … Because no case clearly established the unlawfulness of the decisions made during Omar’s arrest and detention, the officers involved are entitled to qualified immunity.

McCormick v. Hall

District Court, W.D. Virginia · Sep 8, 2022

qualified immunity. … Because Plaintiff has pleaded a plausible violation of a right clearly established at the time of the incident, Hall is not entitled to qualified immunity at this stage.

Walter v. Pike County, Pa.

544 F.3d 182 · Court of Appeals for the Third Circuit · Sep 18, 2008

violated clearly established law.” … at issue — in the case of qualified immunity, whether that set of facts is “sufficient to establish a violation of a clearly established constitutional right.”

Kerrin Barrett v. PAE Government Services, Inc.

975 F.3d 416 · Court of Appeals for the Fourth Circuit · Sep 15, 2020

of their conduct was clearly established at the time.” … Because the undisputed evidence establishes that the Arlington County defendants had probable cause to detain Plaintiff, qualified immunity bars her § 1983 claim under the first prong of the qualified immunity test, and

Jarvis v. City of Daytona Beach

District Court, M.D. Florida · Oct 23, 2024

A district court’s order denying the defense of qualified immunity is an immediately appealable order within the meaning of 28 U.S.C. § 1291. Mitchell v. … Until the Eleventh Circuit determines whether the relevant law was clearly established, Defendants should not be subjected to trial.

(PC) Petillo v. Jasso

District Court, E.D. California · Jan 24, 2023

If the law 18 did not put the officer on notice that his conduct would be clearly unlawful, summary judgment 19 based on qualified immunity is appropriate. … Willden, 26 678 F.3d 991, 1000 (9th Cir. 2012) (qualified immunity analysis requiring (1) determining the 27 contours of the clearly established right at the time of the challenged conduct and (2) examining 1