Case law

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.

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.”).

Debra Sue Rodriguez and MacEdonio Coc Rodriguez v. Donna Marie Currey

District Court of Appeal of Florida · Apr 3, 2025

This occurs when an order violates “a clearly established” legal principle. See id. at 355. “A classic example . . . is a trial court’s failure to follow binding precedent.” State Farm Fla. Ins. Co. v. … 355 (“There is an important difference between a departure from the essential requirements of law where there has been a violation of a clearly established principle of law and a case that involves an issue of law where

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.’”

Wahad v. Federal Bureau of Investigation

813 F. Supp. 224 · District Court, S.D. New York · Jan 29, 1993

Lott counters the Bivens , claim by arguing that he is entitled to a qualified immunity defense. … On a summary judgment motion based on qualified immunity grounds, the Court is to determine the law applicable to the claim, whether it was clearly established at the time of the action, and if Defendant should have known

Brian Ballentine v. Christopher Tucker

28 F.4th 54 · Court of Appeals for the Ninth Circuit · Mar 8, 2022

The district court concluded that Detective Tucker is entitled to qualified immunity because Plaintiffs’ constitutional rights were not clearly established at the time of their arrests. … A government officer is nevertheless entitled to qualified immunity if the plaintiff’s rights were not clearly established at the time of the alleged misconduct. See Pearson, 555 U.S. at 231–32.

Sanford v. Kirst

District Court, M.D. Louisiana · Jun 16, 2023

of a clearly established statutory or constitutional right. … in light of clearly established law.

Munt v. Roy

District Court, D. Minnesota · Sep 13, 2019

of qualified immunity. … Qualified immunity depends upon whether the plaintiff has stated a plausible claim for violation of a constitutional right and whether that right was clearly established at the time of the alleged misconduct, such that

Magnolia Island Plantation v. Whittington

29 F.4th 246 · Court of Appeals for the Fifth Circuit · Mar 21, 2022

That party—in this case, Lollar— must then show that (1) the “official’s conduct violated a constitutional right” of the opponent of immunity, and (2) “the right was clearly established at the time of the violation … Here, we need not examine the “clearly established” prong, because Lollar has failed to meet her burden of showing a constitutional violation. 5 Case: 20-30805 Document

Tyehimba v. Cook County D.O.C.

District Court, N.D. Illinois · Mar 15, 2024

To defeat a qualified immunity defense, a plaintiff must plead facts that show “(1) that the official violated a statutory or constitutional right, and (2) that the right was clearly established at the time of the challenged … of clearly established law.”)

Kounelis v. Sherrer

529 F. Supp. 2d 503 · District Court, D. New Jersey · Jan 3, 2008

Thus, having found that the alleged facts established the violation of a constitutional right and that the constitutional right was clearly established, the Court denied qualified immunity to Sergeants James and Perez. … established at the time of the alleged violation, the Court has limited its qualified immunity analysis to Kounelis's excessive force claim. 12 .

Cheryl D. Lyons v. City of Xenia, Christine Keith, Officer Matthew Foubert, Officer

417 F.3d 565 · Court of Appeals for the Sixth Circuit · Aug 4, 2005

After considering the Supreme Court’s treatment of similar qualified-immunity issues in Brosseau , we now extend qualified immunity to Officer Foubert for Lyons’ excessive-force tackling claim. … The district court likewise rejected the officers’ qualified immunity defenses.

Sonny Boy, LLC v. Asnani

879 So. 2d 25 · District Court of Appeal of Florida · May 28, 2004

In my view, two different standards were intended and clearly imposed by these provisions. … Clearly section 718.303(1) was not involved, nor was it mentioned.

Sherry Lintz Keith Lintz, Sr. Richele Nicole Jacobs Brian Allen Jacobs and Keith Lintz, Jr., by Next Friend Sherry Lintz v. Linda K. Skipski

25 F.3d 304 · Court of Appeals for the Sixth Circuit · May 25, 1994

The district court found defendant entitled to qualified immunity because the children’s federal constitutional due process right to be free from unnecessary harm in foster homes was not clearly established until late in … but under the facts of the case held that two years was more than enough time to satisfy the “clearly established” threshold.

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.

Carthew v. County of Suffolk

709 F. Supp. 2d 188 · District Court, E.D. New York · May 6, 2010

Thus, qualified immunity is warranted. … The doctrine of qualified immunity shields 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.

Westry v. Leon

District Court, D. Connecticut · Dec 21, 2019

“An officer conducting a search is entitled to qualified immunity where clearly established law does not show that the search violated the Fourth Amendment.” Pearson, 555 U.S. at 243-44 (citing Anderson v. … “In the Second Circuit, qualified immunity analysis consists of a three-step inquiry examining whether there is an alleged violation of a constitutional right, whether the right was clearly established at the time of the

Crysteal Davis v. Trevor Spear

Court of Appeals for the Eighth Circuit · May 10, 2022

2 The district court denied qualified immunity to Clock based on a question of fact over whether he had a direct role … Officers are “entitled to qualified immunity unless (1) the evidence, viewed in the light most favorable to [the plaintiffs], establishes a violation of a constitutional or statutory right, and (2) the right was clearly established

Sean DeCrane v. Edward Eckart

12 F.4th 586 · Court of Appeals for the Sixth Circuit · Sep 1, 2021

The district court denied Eckart qualified immunity on this argument, holding that our precedent clearly established that DeCrane would have tipped off the media as a private citizen rather than a public employee. … He next needed to overcome Eckart’s qualified-immunity defense by showing that Eckart’s conduct violated clearly established law. See Wesby, 138 S. Ct. at 589.

Timothy Ryan v. Brant Putnam

District Court, C.D. California · Mar 21, 2022

“Qualified immunity is applicable unless the official’s conduct violated a clearly established constitutional right.” Pearson, 555 U.S. at 232. 1. … Defendants also argue that “|t|he absence of clearly established law on the temporal nexus issue |] entitles Drs. de Virgilio and Lewis to qualified immunity.” Mot. at 41-42.