Case law

(PC) Shepard v. Borum

District Court, E.D. California · Jul 13, 2021

No. 67 23 at 24). 24 Qualified immunity shields government officials from money damages unless their 25 conduct violated “clearly established statutory … Rowland, 65 F.3d 802, 806 & n.4 (9th Cir. 1995) (“The 20 prohibition against retaliatory punishment [for filing prison grievances] is ‘clearly established 21 law’ in the Ninth Circuit, for qualified immunity purposes.

Ronald Mendoza v. Sherman Block, Los Angeles County

27 F.3d 1357 · Court of Appeals for the Ninth Circuit · May 31, 1994

“[W]hen qualified immunity is at stake, [however], a court must first determine whether the law has been clearly established.” Romero, 931 F.2d at 628 . … Objective Reasonableness If the law governing an official’s conduct is clearly established, qualified immunity is available if a reasonable official could have believed the conduct at issue was lawful under that clearly established

Peggy Kelley v. Mark Myler, Gene Patrick, Ralph Bell and Hurricane Foods, Inc.

149 F.3d 641 · Court of Appeals for the Seventh Circuit · Jul 13, 1998

The court also found that because the arrest was reasonable, the officers did not violate any clearly established constitutional rights, and thus were entitled to qualified immunity for their actions. … Whether a defendant is entitled to a qualified immunity defense depends on the objective legal reasonableness of the defendant’s actions assessed in light of clearly established law.

Joseph Siefert v. Hamilton Cty. Bd. of Comm'rs

951 F.3d 753 · Court of Appeals for the Sixth Circuit · Mar 3, 2020

And, at the very least, Defendants argue, the Sieferts’ due process rights were not clearly established, so qualified immunity blocks this lawsuit. … Even so, could this all be “clearly established” to get around qualified immunity? This standard extends broadly to “all but the plainly incompetent or those who knowingly violate the law.” District of Columbia v.

Edwards v. DeBord

District Court, W.D. Virginia · Aug 12, 2019

immunity. … Harris, 65 F.3d 347, 359 (4th Cir. 1995) (holding that when resolution of qualified immunity question and case itself both depend upon a determination of what actually happened, summary judgment on grounds of qualified

John Betts v. Martha Anne Shearman

751 F.3d 78 · Court of Appeals for the Second Circuit · May 2, 2014

Even  in  the  absence  of  probable  cause,  a  police  officer  is  entitled  to  qualified  immunity  where  “(1)  [her]  conduct  does  not  violate clearly established statutory or constitutional rights of which  … For  the  following reasons, we agree with the district court that the arresting  officers  had  arguable  probable  cause  and  were  entitled  to  qualified  immunity.   10 13

Blackwell-Esters v. City of Detroit

District Court, E.D. Michigan · Mar 14, 2025

conduct was ‘clearly established at the time.’” … App’x 437, 447 (6th Cir. 2011) (holding defendants waived arguments as to “clearly established” prong where defendants’ qualified immunity argument was a “one-and-a-half page statement of the law with no attempt

Blaylock v. City of Philadelphia

504 F.3d 405 · Court of Appeals for the Third Circuit · Oct 1, 2007

a violation of a clearly established constitutional right.”) … According ly, the defendants are entitled to qualified immunity here “if a reasonable officer could have believed that probable cause existed” to arrest Andre Blaylock “in light of clearly established law and the information

Robbie Autery v. Kevin Davis

355 F. App'x 253 · Court of Appeals for the Eleventh Circuit · Nov 12, 2009

Public officials are entitled to qualified immunity so long as their discretionary actions do not violate clearly established statutory or constitutional rights. Lewis v. … Even in the absence of Terry, Sheriff Davis would still be entitled to qualified immunity. In Foy v.

Jensen v. City of Oxnard

145 F.3d 1078 · Court of Appeals for the Ninth Circuit · May 28, 1998

Qualified Immunity All of the individual defendants claim that they are entitled to qualified immunity. … Government officials are given qualified immunity from civil liability under § 1983 “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have

Rocha

District Court, D. Colorado · Mar 10, 2026

Rocha’s constitutional rights in violation of clearly established law. See Pahls v. … - immunity analysis, where we ask whether a clearly established constitutional right has been violated.”)

Pack

District Court, E.D. Missouri · May 18, 2026

Although Pack fails to plausibly allege that Officer Katterhenry or Officer Eder violated his rights, he fares still worse in attempting to show a violation of clearly established rights. … Quick, 909 F.3d 983, 985 (8th Cir. 2018) (noting a police officer is entitled to qualified immunity unless his “conduct violated a clearly established constitutional or statutory right of which a reasonable

Darnell Dukes v. v. Lizaola

486 F. App'x 642 · Court of Appeals for the Ninth Circuit · Oct 16, 2012

The district court properly granted summary judgment on the basis of qualified immunity on Dukes’s pepper spray decontamination claim because it would not have been clear to reasonable prison officials in defendants’ position … Callahan, 555 U.S. 223, 231 (2009) (an official is entitled to qualified immunity if the “conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known” (citation

Detreville v. Gurevich

District Court, D. Colorado · Dec 14, 2022

Under the doctrine of qualified immunity, “government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory … Alternatively, defendants claim that there was arguable probable cause for plaintiff’s arrest and that plaintiff’s claims should be dismissed under the clearly established prong of the qualified immunity analysis.

Frank M. Dimeglio v. J. Robert Haines, Individually and in His Former Official Capacity as Zoning Commissioner of Baltimore County, Maryland, and Arnold M. Jablon, Individually and in His Official Capacity as Director of Zoning Administration and Development Management of Baltimore County, Maryland Roger Hayden, Individually and in His Official Capacity as Executive of Baltimore County, Maryland Baltimore County, Maryland, a Municipal Corporation

45 F.3d 790 · Court of Appeals for the Fourth Circuit · Feb 2, 1995

The term "clearly established" has an acquired meaning referencing qualified immunity, with its focus on law at the time of the challenged conduct. … interest may make it more difficult to find the law 'clearly established' when assessing claims of qualified immunity."); Borucki v.

Art Tobias v. Michael Arteaga

Court of Appeals for the Ninth Circuit · Apr 27, 2021

We reverse the denial of qualified immunity on Tobias’s Fourteenth Amendment substantive due process claim because it was not clearly established that the abusive  TOBIAS V. … Defendants fail to establish their entitlement to qualified immunity is ‘beyond controversy.’”

BUCEK v. ALLEGHENY COUNTY

District Court, W.D. Pennsylvania · Jul 18, 2023

The individual County Defendants separately raise qualified immunity defenses. … Lapina, 258 F.3d 156, 161 (3d Cir. 2001) (“Qualified immunity will be upheld on a 12(b)(6) motion only when the immunity is established on the face of the complaint.”). II.

United States v. Fred Romano

583 F.2d 1 · Court of Appeals for the First Circuit · Aug 11, 1978

... is very general in nature and may implicate only low-level government employees” and that “because of the close relationship established by your Subcommittee with our investigators, proof that the immunized testimony … While the Government clearly would not be entitled to rely entirely on one or two conclusory affidavits to carry its burden, see United States v.

SNUKIS v. TAYLOR

District Court, S.D. Indiana · Jun 27, 2022

To determine whether the Officers are entitled to qualified immunity, the Court must determine whether as of September 13, 2019, the law had clearly established that a police officer violates an arrestee's Fourth Amendment … As Plaintiffs note, in 2017, the Seventh Circuit clearly established that an officer's failure to take any action in light of a detainee's serious medical need precludes qualified immunity. 872 F.3d at 460.

United States v. Sanchez Barreto

93 F.3d 17 · Court of Appeals for the First Circuit · Aug 21, 1996

Under the well-established framework for evaluating plea-withdrawal motions, the district court considers all the circumstances, with particular attentionto four prominentfactors: (1) the plausibility … Consequently, without more, their general allegations of coercion, based on the imminence of trial or conflict-free defense counsel's enthusiasm for the negotiated plea bargain, are insufficient to establish