Case law

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."

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.”

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.

Hemostemix, Inc. v. Accudata Solutions, Inc.

District Court, D. Delaware · Feb 28, 2022

The facts pled by Aspire, considered in light of the contracts themselves, establish that Hemostemix took the actions a party normally takes when faced with what it feels is a breach of contract. … Lapina, 258 F.3d 156, 161 (3d Cir. 2001) (noting that the affirmative defense of qualified immunity “will be upheld on a 12(b)(6) motion only when the immunity is established on the face of the complaint.”

Nosek v. Saipan Sea Ventures, Inc.

District Court, Northern Mariana Islands · Oct 10, 2017

Plaintiff, as the party 10 seeking to invoke jurisdiction, has the burden of establishing that jurisdiction exists. See Kokkonen 11 v. Guardian Life Ins. … of official immunity . . . may be resolved by Rule 12(b)(6) if clearly established by the 16 allegations within the complaint”).

Kompare v. Stein

801 F.2d 883 · Court of Appeals for the Seventh Circuit · Sep 4, 1986

The question on appeal is whether the defendants' qualified immunity protects them from suit, or more specifically, whether the defendants violated clearly established constitutional rights by allegedly violating a county … Qualified immunity shields government 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 have known

HARDIMAN v. CHIEF

District Court, S.D. Indiana · Jun 11, 2021

Qualified Immunity Standard "'Public officials are immune from suit under 42 U.S.C. § 1983 unless they have "violated a statutory or constitutional right that was clearly established … Because "[t]he principle of fair notice pervades the doctrine" of qualified immunity, "clearly established law cannot be framed at a 'high level of generality.'"

Silverman v. Lane

District Court, N.D. California · Jun 30, 2020

No. 75 at 17. 25 The defense of qualified immunity protects “government officials . . . from liability 26 for civil damages insofar as their conduct does not violate clearly established … Furthermore, Ninth Circuit 15 precedent regarding the use of tasers indicates that qualified immunity protects officers 16 who were reasonably mistaken in their use based on the lack of a clearly established right.

Collins v. County of Alameda

District Court, N.D. California · May 3, 2021

Abbey, 263 F.3d 1070, 1074-75 8 (9th Cir. 2001) (in discussing qualified immunity, noting that “there is a clearly established 9 constitutional due process right not to be subjected to criminal charges on the basis … (if this was a prosecutorial decision) or at least qualified immunity (e.g., if she did not know the 15 full circumstances related to the second photo lineup).

J.T.H. v. Spring Cook

Court of Appeals for the Eighth Circuit · Jul 1, 2022

Qualified immunity is another story. … Here, the complaint falls short of establishing that Cook violated a clearly established right. See id.

Gellos

District Court, D. Arizona · Jan 30, 2026

Qualified Immunity 14 Qualified immunity shields state actors “from liability for civil damages insofar as 15 their conduct does not violate clearly established statutory … The Court, in its discretion, 26 can “address the clearly established prong of the qualified immunity test first.”

Boles Et Al. v. Chavis

454 U.S. 907 · Supreme Court of the United States · Oct 13, 1981

Morris v. Chatham County C.N.T Division

District Court, S.D. Georgia · Jul 14, 2020

Plaintiff contends that Defendant is not entitled to qualified immunity because the manner in which he conducted the search violated clearly-established law.7 (Id.) … was clearly established at the time of the incident.

Baron v. Lissade

District Court, E.D. New York · Sep 27, 2021

“Qualified immunity attaches when an official’s conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” White v. Pauly, 137 S. … Because there is no clearly established law on this circuit that fabrication of evidence during an administrative bench trial ever violates the Constitution, defendants are entitled to qualified immunity.

CHANLEY v. CITY OF EVANSVILLE INDIANA

District Court, S.D. Indiana · Mar 30, 2023

The Officers argue that they're entitled to qualified immunity on that claim because "an arrestee's Fourth Amendment right to medical care . . . was not a clearly established right on October 28, 2019." … Qualified immunity "protects government 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 have

Simms v. Rivers

District Court, S.D. Texas · Feb 12, 2024

Clark, 1 F. 4th 411, 421 (5th Cir. 2021) (denying qualified immunity on the basis that prior precedent “clearly established that pretrial detainees have a Fourteenth Amendment right to medical care”). … Because this right was clearly established, they are not entitled to qualified immunity.

Veeder v. Nutting

588 F. App'x 18 · Court of Appeals for the Second Circuit · Dec 15, 2014

Our jurisdiction, however, is “limited to circumstances where the qualified immunity defense may be established as a matter of law.” Escalera v. … The District Court also erred in not granting qualified immunity to defendants Hogan and Port for opening the suicide notes because they did not violate clearly established law. See Pearson v.

Horn v. Adger

Court of Appeals for the Second Circuit · Jun 9, 2025

5 Callahan, 555 U.S. 223, 231 (2009) (explaining that qualified immunity protects government of- 6 ficials from liability “insofar as their conduct does not violate clearly established statutory or con- 7 stitutional … City of New York, 4 374 F.3d 93, 117 (2d Cir. 2004) (explaining that “a qualified immunity argument made” at a trial 5 on excessive force and battery claims “could not preserve a defense of qualified immunity to the

Monongalia County Commission A/K/A Monongalia County Sheriff's Department and John Doe Deputy v. Amanda F. Stewart, Individually and/or as Administrator of the Estate of John D. Stewart, Jr.

West Virginia Supreme Court · Nov 14, 2024

Code § 29-12A-5 (establishing immunities from liability). … Indeed, “It is well established that . . . common law qualified immunity [is] available only for the State, its agencies, officials, and/or employees.” Kent v.

Tabb v. District of Columbia

District Court, District of Columbia · Mar 19, 2009

immunity. … that right was clearly established — in either order).