Case law

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

Estate of Sylville K Smith v. City of Milwaukee Wisconsin

District Court, E.D. Wisconsin · Oct 18, 2019

Whether the right was “clearly established” at the time of its alleged violation In establishing the second prong in the qualified immunity analysis, a plaintiff bears the burden of establishing that the constitutional … right was “clearly established.”

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.

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

Joseph Wheeler, Cross v. City of Pleasant Grove, a Municipal Corp., Cross

664 F.2d 99 · Court of Appeals for the Fifth Circuit · Dec 18, 1981

We see no reason to disturb this finding under the clearly erroneous rule. … The district court held that the defendants in this action were shielded by the defense of a qualified immunity as set forth in Scheuer v. Rhodes, 416 U.S. 232 , 94 S.Ct. 1683 , 40 L.Ed.2d 90 (1974).

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”).

DeNigris v. New York City Health & Hospitals Corp.

861 F. Supp. 2d 185 · District Court, S.D. New York · Mar 9, 2012

Qualified Immunity Defendants contend that Defendant Frisch is entitled to qualified immunity in her individual capacity. … Accordingly, a grant of qualified immunity is wholly inappropriate at this stage of the proceedings. *197 III.

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.”

Salahuddin v. Goord

467 F.3d 263 · Court of Appeals for the Second Circuit · Oct 27, 2006

The doctrine of qualified immunity shields public officials “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would … Summary judgment on the basis of qualified immunity is not appropriate because it was clearly established law at the time of the alleged violations that religious exercise may not be denied without any reason.

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.

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. 

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

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.

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.”).

Millbrook v. Spitz

District Court, D. Colorado · Sep 23, 2019

immunity. … 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

Blouin ex rel. Estate of Pouliot v. Spitzer

356 F.3d 348 · Court of Appeals for the Second Circuit · Feb 2, 2004

The court did, however, determine that they were entitled to qualified immunity, because “plaintiff has failed to allege a violation of a clearly established right. … Qualified Immunity We now consider qualified immunity, which shields a government official acting in an official capacity from suit for damages under § 1983 unless the official “violated clearly established rights of which

Robison v. Department of Insurance, Finanical Institutions and Professional Registration

District Court, E.D. Missouri · Mar 1, 2022

In a claim brought under 42 U.S.C. § 1983, qualified immunity protects a government official from liability unless his conduct violated a clearly established constitutional or statutory right of which a reasonable person … [174], Plaintiff has not shown he has a “clearly established” constitutional or statutory right to be on the List.9 Pearson, 555 U.S. at 231 (explaining qualified immunity protects a government official from

Elston v. Collins

District Court, E.D. Missouri · Nov 15, 2019

Qualified Immunity “Qualified immunity shields government officials from liability unless their conduct violates clearly established statutory or constitutional rights of which a reasonable person would know … right was clearly established at the time of the violation.”

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.