Case law

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

Roe v. Johnson County

District Court, N.D. Texas · Feb 1, 2021

No. 284—is needed to establish that Blankenship is not entitled to qualified immunity. … Jan. 18, 2021) (Under the clearly-established prong, “‘the dispositive question is whether the violative nature of particular conduct is clearly established.’

Duncan v. Walker

533 U.S. 167 · Supreme Court of the United States · Jun 18, 2001

V) establishes the limitation period for filing § 2254 petitions in state capital cases that arise from jurisdictions meeting the "opt-in" requirements of § 2261. … In fact, the "argument from neighbors" shows only that Congress might have spoken more clearly than it did. It cannot prove the statutory point.

Roe v. Johnson County

District Court, N.D. Texas · Feb 18, 2021

No. 284—is needed to establish that Blankenship is not entitled to qualified immunity. … Jan. 18, 2021) (Under the clearly-established prong, “‘the dispositive question is whether the violative nature of particular conduct is clearly established.’

Charles v. Grief

522 F.3d 508 · Court of Appeals for the Fifth Circuit · Nov 28, 2007

qualified immunity in which the trial court has determined that the factual dispute is “genuine”; only when denial of qualified immunity turns on whether a genuinely disputed fact is “material” are we authorized to review … unwarranted appeal of an interlocutory denial of qualified immunity.

Santor v. Laster

District Court, E.D. California · Aug 25, 2020

Qualified Immunity 2 Qualified immunity applies when an official’s conduct does not violate clearly established 3 statutory or constitutional rights of which a reasonable person would have known. White v. … City of Roseville, 882 F.3d 843, 856-57 (9th Cir. 2018) (noting that Ninth Circuit precedent is 15 sufficient to meet the “clearly established” prong of qualified immunity).

Pagán v. Calderón

448 F.3d 16 · Court of Appeals for the First Circuit · May 16, 2006

To the extent that Calderon’s denied motion rested on the ground of qualified immunity, she appealed. See Mitchell v. … In sequential order, “[w]e consider (i) whether the plaintiffs allegations, if true, establish a constitutional violation; (ii) whether the constitutional right at issue was clearly established at the time of the putative

ARREY

District Court, E.D. Pennsylvania · Nov 10, 2025

“An official sued under § 1983 for an alleged constitutional violation is entitled to qualified immunity unless [the official] (1) violated a constitutional right that (2) was clearly established when he acted.” … So, Zebley is entitled to qualified immunity “if a reasonable officer could have believed that probable cause existed” to arrest the Arrey “in light of clearly established law and the information the [arresting] officers

Roxana Santos v. Frederick County Board of Commissioners

725 F.3d 451 · Court of Appeals for the Fourth Circuit · Aug 7, 2013

established’ for purposes of qualified immunity”); see also Hope v. … established for qualified immunity purposes.”

Watkins v. City of St. Louis, Missouri

District Court, E.D. Missouri · Sep 28, 2022

The Individual Defendants argue that they are entitled to qualified immunity. “Qualified immunity shields government officials from liability in a § 1983 action unless their Burnikel v. … to qualified immunity.

Allen v. City of New York

480 F. Supp. 2d 689 · District Court, S.D. New York · Mar 27, 2007

Defendants are entitled to qualified immunity “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … that were clearly established at the time it was taken.”

Francis v. Coughlin

891 F.2d 43 · Court of Appeals for the Second Circuit · Dec 4, 1989

To defeat an official’s claim of qualified immunity, the individual's right must have been clearly established at the time of the alleged violation. Id. … clearly established.

Nicholas Narducci v. Gregory Moore

Court of Appeals for the Seventh Circuit · Jul 9, 2009

The doctrine of qualified immunity protects government officials from lawsuits for damages when their conduct did not violate “clearly established statutory or constitutional rights of which a reasonable person would have … Here, because defendants argue that Narducci’s Fourth Amendment rights were not violated and that the violation of this right was not “clearly established,” we will consider both issues in turn. A.

KIRBY v. BOROUGH OF WOODCLIFF LAKE

District Court, D. New Jersey · Aug 20, 2024

To overcome qualified immunity Plaintiff must establish “(1) that the official violated a statutory or constitutional right, and (2) that the right was ‘clearly established’ at the time of the challenged conduct.” … Because there are no material facts in dispute that support that Plaintiff’s clearly established rights were violated, Defendants are entitled to qualified immunity.

Hazle v. Ford Motor Co.

464 Mich. 456 · Michigan Supreme Court · Jul 3, 2001

Therefore, we hold that a plaintiff is not required to provide evidence that he is at least as qualified as the successful candidate in order to establish a prima facie case under McDonnell Douglas. … We caution the bench and bar not to rely on Lytle for the proposition that a prima facie case of unlawful discrimination can be established merely by providing evidence that a qualified minority candidate was rejected

Skehan v. Village of Mamaroneck

465 F.3d 96 · Court of Appeals for the Second Circuit · Sep 26, 2006

If those facts would constitute a deprivation, the court should grant qualified immunity if (1) the legal right said to be violated was not clearly established at the time of the defendant’s conduct; or (2) the defendant’ … The individual defendants’ qualified immunity turns on whether they violated clearly established federal law; the county commission’s liability turns on the allocation of law enforcement power in Alabama.

Woodward Harbor LLC v. City of Mandeville

District Court, E.D. Louisiana · Mar 27, 2025

Sucette fails to plead facts sufficient to overcome the “clearly established” prong of Zuckerman’s qualified-immunity defense. “The ‘clearly established’ prong is difficult to satisfy.” Id. at 191 (citing Morrow v. … of clearly established law for qualified immunity analysis.”

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."

Ryan v. Bell

District Court, N.D. New York · Jan 3, 2024

“Qualified immunity shields government officials from civil damages liability unless the official violated a statutory or constitutional right that was clearly established at the time of the challenged conduct.” … July 2, 2020) (finding corrections officer entitled to qualified immunity because he held an objectively reasonable belief his actions were lawful, particularly in light of that fact that “there is no clearly established

Emma Jane Prospero v. Deputy Ryan Sullivan

Court of Appeals for the Eleventh Circuit · Sep 4, 2025

“[W]hen legal questions of qualified immunity are raised—either to determine whether any constitutional right was violated or whether the violation of that right was clearly established—interlocutory … Because a defendant’s “assertion of qualified immunity can be defeated only by a showing of ‘clearly established’ law, we will review not for actual probable cause but rather for ‘arguable’ probable