Case law

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.

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.”

Cousins v. Lockyer

568 F.3d 1063 · Court of Appeals for the Ninth Circuit · Jun 15, 2009

qualified immunity. … Qualified immunity protects government officials from civil liability if “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v.

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.'"

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).

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.”

Kirby v. City of Elizabeth City

388 F.3d 440 · Court of Appeals for the Fourth Circuit · Nov 3, 2004

First, Chief Hampton and Lieutenant Koch are entitled to qualified immunity. … Government officials performing discretionary functions are entitled to qualified immunity from liability for civil damages to the extent that "their conduct does not violate clearly established stat- utory or constitutional

Boles Et Al. v. Chavis

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

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

Laura Skop v. City of Atlanta, Georgia

485 F.3d 1130 · Court of Appeals for the Eleventh Circuit · May 3, 2007

Was the Violation Clearly Established? … The second qualified immunity inquiry is, in the context of this case, straightforward: our binding precedent clearly established, at the time of Skop’s arrest, that an arrest made without arguable probable cause violates

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.

Grigorescu v. Board of Trustees of the San Mateo County Community College District

District Court, N.D. California · May 24, 2024

“When the defendants are public officials asserting a qualified immunity 18 defense and the appealed issue is whether a given set of facts establishes that defendants violated 19 clearly established law,” the order … The 9 Ninth Circuit denied the principal qualified immunity, stating that the plaintiff’s “right to express 10 political views, even as a public school teacher, is clearly established.

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).

Jackson v. Mercy Health Center, Inc.

64 O.B.A.J. 3587 · Supreme Court of Oklahoma · Nov 30, 1993

The Hospital was clearly within the Act’s protection when its personnel escorted the visitor out of the surgery area, seated him on the bed in the hallway, and then redirected their attention to the wife. … The Hospital was clearly responding to an apparent emergency that called for immediate action. THE COURT OF APPEALS’ OPINION IS VACATED AND THE TRIAL COURT’S JUDGMENT REINSTATED AND AFFIRMED.

Bonner v. Outlaw

552 F.3d 673 · Court of Appeals for the Eighth Circuit · Jan 9, 2009

The district court denied Outlaw qualified immunity, concluding Bonner alleged the violation of a clearly established constitutional right. … B Bonner’s right to receive notice his packages were rejected was clearly established. This Court “has taken a broad view of what constitutes ‘clearly established lav/ for the purposes of a qualified immunity inquiry.”

Aurea E. Vazquez Rios v. Rafael Hernandez Colon, Etc.

819 F.2d 319 · Court of Appeals for the First Circuit · May 20, 1987

Certainly, the law was not in any sense “clearly established” to the contrary. … , have granted the defendants’ motion for partial summary judgment on the basis of their qualified immunity.

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”).