Case law

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.”’).

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

Lees v. CDCR/SVSP-LVN Singsong

District Court, N.D. California · Sep 29, 2022

To determine whether an 1 violated a constitutional right, and (2) that right was clearly established at the time of the incident. 2 Pearson, 555 U.S. at 232. … City of Anaheim, 11 343 F.3d 1052, 1061 (9th Cir. 2003) (denying qualified immunity because it is clearly established 12 that crushing an arrestee on ground despite his repeated cries for air and despite fact that his

Sammye R. Holloway v. Sally Brush Clermont County, Ohio

220 F.3d 767 · Court of Appeals for the Sixth Circuit · Jul 31, 2000

“[T]he actions of-a prosecutor are not absolutely immune merely because they are performed by a prosecutor. Qualified immunity represents the norm.... … Even if such motivations could legitimate Brush’s actions, it would be through qualified immunity, not absolute immunity, and she has not claimed qualified immunity.

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.

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.

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.

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.

Manna v. Cribari

District Court, D. Colorado · Jan 27, 2020

Early last year, the Supreme Court issued an opinion addressing the “clearly established” prong of a qualified immunity defense for a Fourth Amendment claim, in which the Court re- emphasized that “the clearly established … district court to rebut qualified immunity” and “[b]ecause Plaintiffs did not proffer clearly established authority that Ms.

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.

Boysen v. Peacehealth

District Court, D. Oregon · Aug 19, 2024

Defendants in a Section 1983 action are entitled to qualified immunity from damages for civil liability if their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … For purposes of qualified immunity, “[a] right is clearly established when it is sufficiently clear that every reasonable official would have understood that what he is doing violates that right.” Rivas-Villegas 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

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

Amie Marie Beers-Capitol Aliya Tate v. Barry Whetzel, an Individual Shirley Robinson, in Her Official Capacity Robert Liggett, in His Individual and Official Capacity Youth Development Center at New Castle Nora Burley, in Her Individual and Official Capacity Nick Pihiou, in His Individual and Official Capacity John Doe, in His/her Individual and Official Capacity Charles Lee Earnhart, in His Individual and Official Capacity Joseph Flecher, in His Individual and Official Capacity (d.c. Civil No. 97-Cv-00292). Aliya Tate v. Barry Whetzel, in His Individual Capacity Shirley Robinson, in Her Individual and Official Capacity Robert Liggett, in His Individual and Official Capacity Youth Development Center at New Castle John Doe, in His/her Individual and Official Capacity, Nora Burley, in Her Individual and Official Capacity Nick Pihiou, in His Individual and Official Capacity (d.c. Civil No. 97-Cv-00313)

256 F.3d 120 · Court of Appeals for the Third Circuit · Jun 11, 2001

claim to qualified immunity. … That is, Burley is entitled to qualified immunity only if she can show that a reasonable person in her position at the relevant time could have believed, in light of clearly established law, that her conduct comported with

Katrina Reeves v. Howard Meddings

Court of Appeals for the Fourth Circuit · May 14, 2025

Reeves’s clearly established rights. … Reeves’ clearly established rights.

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.

DOWNS v. BOROUGH OF JENKINTOWN

District Court, E.D. Pennsylvania · Aug 10, 2020

“The test for qualified immunity is objective.” Beers-Capitol v. Whetzel, 256 F.3d 120, 142 n.15 (3d Cir. 2001). … Litig., 49 F.3d 945, 961 (3d Cir. 1995) (“[I]f the law was established clearly, the official still may obtain qualified immunity if he claims ‘extraordinary circumstances and can prove that he neither knew nor should have

Troy K. Scheffler v. Jack Molin

743 F.3d 619 · Court of Appeals for the Eighth Circuit · Feb 25, 2014

Molin argued that Scheffler’s constitutional rights had not been violated and that, regardless, the defense of qualified immunity applied. … When the defense of qualified immunity has been asserted, we evaluate both whether the defendant violated the plaintiff’s constitutional rights and whether those rights were clearly established. Chambers v.

BERK v. HOLLINGSWORTH

District Court, D. New Jersey · Nov 23, 2020

Because Plaintiff has not stated a claim of a violation of his federal rights, Defendants are also entitled to qualified immunity. See Reichle v. … was clearly established at the time of the challenged conduct.”).