Case law

Lakey v. Taylor

District Court, E.D. Oklahoma · May 16, 2024

Finally, because the right at issue is clearly established, officer Miller is not entitled to qualified immunity. … It was clearly established that once Mr.

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.

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.”

David King v. Timothy Riley

76 F.4th 259 · Court of Appeals for the Fourth Circuit · Aug 4, 2023

The prison guards on duty failed to violate a clearly established right so are entitled to qualified immunity. … And qualified immunity cares about violations of clearly established constitutional law, not clearly established prison policy.

Pitts v. United States

228 F. Supp. 3d 412 · District Court, E.D. Pennsylvania · Jan 6, 2017

Jones, 225 F.3d 468, 470 (4th Cir. 2000) (“Rule 41(e) does not contain a waiver of sovereign immunity.”); Pena v. … established Fourth Amendment rights”); Crawford v.

Texas Department of Public Safety and Steven McCraw in His Official Capacity as Director of the Texas Department of Public Safety v. Maria Luisa Mejia Sunuc, Individually and on Behalf of the Estate of Marcos Antonio Castro Estrada, and as Next Friend to L.M. and H.M., Minors

Texas Court of Appeals, 13th District · Feb 3, 2022

Alternatively, DPS argued that it could conclusively establish that its troopers were entitled to official immunity, thereby cloaking DPS in derivative immunity. See DeWitt v. … Harris, 550 U.S. 372, 378–81 (2007) (holding that video evidence can conclusively establish that an officer is entitled to qualified immunity from an excessive force claim). 5 DPS’s primary argument on appeal is that

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.

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.

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

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

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.

McCoy (ID 76894) v. Aramark Correctional Services

District Court, D. Kansas · Feb 16, 2024

This right likely does not exist, and certainly is not clearly estab- lished, so qualified immunity requires dismissal. See Pearson v. … Coats and Zmuda are therefore enti- tled to qualified immunity. See, e.g., Stewart v.

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.

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.

Watson v. Cook

District Court, S.D. Texas · Aug 4, 2025

Once an officer pleads qualified immunity, the plaintiffhas the burden to establish that the officer violated the plaintiff s clearly established federal rights. Jd. at 1088. “This is a demanding standard.” … City of Palestine, 333 F.3d 621, 623 (Sth Cir. 2003) (“Qualified immunity protects officers from suit unless their conduct violates a clearly established constitutional right.”’).

Camreta v. Greene

563 U.S. 692 · Supreme Court of the United States · May 26, 2011

But the Court of Appeals further held that qualified immunity shielded the officials from monetary liability because the constitutional right at issue was not clearly established under existing law. … Many Courts of Appeals therefore decline to consider district court precedent when determining if constitutional rights are clearly established for purposes of qualified immunity. See, e.g., Kalka v.

Hopps v. City of Tampa

District Court, M.D. Florida · Jul 24, 2025

“In assessing qualified immunity at the motion to dismiss stage, ‘the qualified immunity inquiry and the Rule 12(b)(6) standard become intertwined.’” Aguirre-Jarquin v. … See Wilson, 54 F. 4th at 660 (“[I]t is not necessary to decide both prongs [of the qualified immunity analysis] where it is plain that the right is not clearly established.”).

Anne Marie Gennusa v. Brian Canova

748 F.3d 1103 · Court of Appeals for the Eleventh Circuit · Apr 8, 2014

Canova were not protected by qualified immunity. Det. Marmo and Sgt. … The district court also denied qualified immunity to Det. Marmo and Sgt. Canova.

Oldson v. Burnett

District Court, E.D. Kentucky · Feb 14, 2024

Lucas Cnty., 799 F.3d 530, 539–42 (6th Cir. 2015) (determining that a supervisor did not enjoy qualified immunity after finding that the right violated by the excessively forceful subordinates was clearly established). … violated clearly established law.’”

Christopher Bates v. Thomas Hadden

576 F. App'x 636 · Court of Appeals for the Eighth Circuit · Aug 19, 2014

Because Bates did not establish that Officer Hadden violated his constitutional or statutory rights, Officer Hadden was entitled to qualified immunity. … City of Rochester, 643 F.3d 1031, 1042 (8th Cir. 2011) (en banc) (citation omitted).3 "Officials being sued under § 1983 are entitled to qualified immunity for actions that did not violate a clearly established constitutional