Case law

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.

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

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.”).

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

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.”).

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

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.

Rancho del Oso Pardo, Inc. v. New Mexico Department of Game and Fish

District Court, D. New Mexico · Sep 15, 2022

Qualified Immunity Qualified immunity protects public officials from liability “insofar as their conduct does not violate clearly established statutory or constitutional … a right was clearly established.

Dorr v. Weber

741 F. Supp. 2d 993 · District Court, N.D. Iowa · May 18, 2010

In their motion, defendants contend that Sheriff Weber is entitled to qualified immunity on the Dorrs’ Second Amendment claim because the right to have a concealed carrying permit has not been clearly established. … Clearly established constitutional right at the time Under the second step in the qualified immunity analysis, a right is “clearly established” if “a ‘reasonable officer would understand that what he is doing violates that

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