Case law

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.

Wiley v. Doory

14 F.3d 993 · Court of Appeals for the Fourth Circuit · Jan 27, 1994

The only issue before this Court is whether Doory is entitled to qualified immunity. 6 I Qualified immunity shields a governmental official from liability for civil monetary damages if the officer’s “conduct does not violate … Thus, appellant Doory is entitled to qualified immunity. Accordingly, the order of the district court regarding the availability of qualified immunity to Doory as to the Fifth Amendment claims is REVERSED. .

Melville v. Southward

14 Brief Times Rptr. 608 · Supreme Court of Colorado · May 14, 1990

Hogan, 292 Or. 154 , 637 P.2d 114 (1981) (orthopedic surgeons were properly qualified to testify on standard of care for podiatric surgery where foundation evidence established that orthopedic and podiatric procedure, practice … Clearly, when a proper foundation establishes that the expert witness, by reasons of knowledge, skill, experience, training, or education, is so substantially familiar with the standard of care applicable to the defendant

Cronin v. Town of Amesbury

895 F. Supp. 375 · District Court, D. Massachusetts · Jul 25, 1995

Qualified Immunity In any event, Koelsch asserts the defense of qualified immunity. … The qualified immunity inquiry in this context is a familiar one: Qualified immunity shields government official performing discretionary functions from civil damages “insofar as their conduct does not violate clearly established

Matthews v. Foss

District Court, N.D. California · Aug 6, 2024

Saucier, 25 533 U.S. at 202. 26 A court considering a claim of qualified immunity must determine whether the 1 was clearly established such that it would … , 533 U.S. at 194); Henry A., 678 F.3d at 1000 (qualified immunity analysis 6 requiring (1) determining the contours of the clearly established right at the time of the 7 challenged conduct and (2) examining whether

Hanson v. Blaine County

District Court, D. Idaho · Sep 19, 2019

Defendants stress that Escondido reiterated that for purposes of qualified immunity, “the clearly established right must be defined with specificity” and “repeat[ed] its holding from Kisela [v. … Defendants believe that the Court “needed to identify cases with particularized facts to show that the Defendants’ acts were clearly unlawful” to deny them qualified immunity at the summary judgment stage.

Joe Abbott v. E. Tootell

631 F. App'x 487 · Court of Appeals for the Ninth Circuit · Jan 27, 2016

ruling on qualified immunity, George v. Edholm, 752 F.3d 1206, 1214 (9th Cir. 2014), and we affirm. … Ct. 2074, 2080, 2083 (2011) (setting forth qualified immunity test and recognizing that a clearly established right does “not require a case directly on point”).

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.”

Garnett v. Undercover Officer C0039

Court of Appeals for the Second Circuit · Sep 30, 2016

Qualified immunity is unavailable where,  22 as here, the action violates an accused’s clearly established constitutional  23 rights, and no reasonably competent police officer could believe otherwise.   … In Ricciuti, the panel held that fabrication of evidence  13 violated a “clearly established constitutional right[]” and thus the officers were  14 not entitled to qualified immunity. 

Varnado

District Court, M.D. Louisiana · Nov 25, 2025

Qualified Immunity Public officials are entitled to qualified immunity unless the plaintiff demonstrates that (1) the defendant violated an actual constitutional or federal statutory right that is clearly established … The qualified immunity defense has two prongs: whether an official's conduct violated a constitutional right of the plaintiff; and whether the right was clearly established at the time of the violation.

United States v. Rosales-Bruno

676 F.3d 1017 · Court of Appeals for the Eleventh Circuit · Apr 6, 2012

From there, Rosales-Bruno argues that the government failed to establish that he did, in fact, employ “physical force” when he committed the offense of false imprisonment. … We find, however, that Rosales-Bruno clearly objected to specific parts of Paragraph 30 of the PSR, disputing the factual accuracy of that paragraph’s description of the conduct underlying his false imprisonment conviction

Michael v. State

115 P.3d 517 · Alaska Supreme Court · Jun 9, 2005

Applying the clearly erroneous standard of review, the court of appeals affirmed the superior court’s rejection of Michael’s proposed mitigating factors. … ’s rejection of Michael’s proposed mitigating factors under a clearly erroneous standard.

Holland v. Valhi Inc.

22 F.3d 968 · Court of Appeals for the Tenth Circuit · Apr 19, 1994

Amalgamated failed to establish that its computation, in fact, was consistent with the requirement of the regulations. … Pensions § 13 (1987); see also ERISA § 3(35), 29 U.S.C. § 1002 (35), and if "qualified” under 26 U.S.C. § 401 et seq., is subject to favorable Internal Revenue Service treatment. .

Sciotto Ex Rel. Sciotto v. Marple Newtown School District

81 F. Supp. 2d 559 · District Court, E.D. Pennsylvania · Sep 23, 1999

Qualified Immunity Defendants James Smith and Stu Nathans claim that they are entitled to qualified immunity from plaintiffs’ suit. The defendants have met their burden of pleading a qualified immunity defense, Gomez v. … a right for qualified immunity purposes.

2

Court of Appeals for the Second Circuit · Sep 30, 2016

Qualified immunity is unavailable where,  22 as here, the action violates an accused’s clearly established constitutional  23 rights, and no reasonably competent police officer could believe otherwise.   … In Ricciuti, the panel held that fabrication of evidence  13 violated a “clearly established constitutional right[]” and thus the officers were  14 not entitled to qualified immunity. 

Bailey v. Kennedy

349 F.3d 731 · Court of Appeals for the Fourth Circuit · Nov 17, 2003

As discussed below, accepting the facts as the district court2 viewed them in denying qualified immunity, the police officers vio- lated clearly established federal law. … the official’s conduct did not violate clearly established law."

Germaine Smart v. COII Ronald England

Court of Appeals for the Eleventh Circuit · Feb 16, 2024

He found that qualified immunity barred Smart’s complaint because no clearly established law pro- hibited the officials from disciplining Smart. … Defendants cannot benefit from the shield of qualified immunity by arguing the law was not clearly established.

Harris v. The City of Texico

District Court, D. New Mexico · Mar 7, 2023

Qualified Immunity Qualified immunity protects public officials from liability “insofar as their conduct does not violate clearly established statutory or constitutional … violation was clearly established.

Leise v. Christie

Court of Appeals for the Second Circuit · Aug 27, 2025

immunity because releasing the Investigative Report did not violate clearly established law. … A qualified immunity analysis considers whether: “(1) . . . the official violated a statutory right or constitutional right, and (2) . . . the right was ‘clearly established’ at the time of the challenged conduct.”

Amburgey v. Doe

District Court, W.D. Kentucky · Apr 20, 2023

For the same reason, Trebuna is entitled to qualified immunity from suit. See Mitchell v. Forsyth, 472 U.S. 511, 526, 105 S. Ct. 2806, 2815, 86 L. … Ed. 2d 411 (1985) (“Unless the plaintiff’s allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery.”).