Case law

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.”)

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.

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

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.’”

Waldron v. Roark

902 N.W.2d 204 · Nebraska Supreme Court · Oct 13, 2017

Immunity. In a qualified immunity analysis, the dispositive question is whether the violative nature of particular conduct is clearly established. … Hillan, The Not-So-Clearly Established Qualified Immunity Doctrine, The Nebraska Lawyer, March/April 2017, at 15 (discussing history and details of qualified immunity doctrine).  2 Waldron v.

Keith Cockrell v. City of Cincinnati

468 F. App'x 491 · Court of Appeals for the Sixth Circuit · Feb 23, 2012

immunity still was appropriate, however, because law was not clearly established). … Because we resolve this case on the ‘clearly established' element of qualified immunity, we express no opinion on the constitutionality of Hall’s actions. .

Tarver v. City of Edna

410 F.3d 745 · Court of Appeals for the Fifth Circuit · May 25, 2005

reasonable in light of clearly established law at the time the challenged conduct occurred. … Under the second step of qualified immunity analysis, Tarver must establish that Officer Bubela’s conduct was unreasonable in light of clearly established law.

United States v. Holy Land Foundation for Relief & Development

445 F.3d 771 · Court of Appeals for the Fifth Circuit · Apr 4, 2006

“The [appellant] must clearly and specifically set forth facts sufficient to satisfy these Art. Ill standing requirements. … “It is well-established that one panel of our court will not overturn another absent an intervening precedent by our court sitting en banc or a Supreme Court precedent.” FDIC v.

Rogers v. Pendleton

Court of Appeals for the Fourth Circuit · May 9, 2001

While a consensus of cases of persuasive authority may clearly establish a right for qualified immunity purposes, the inverse is also true: if there are no cases of controlling authority in the jurisdiction in question, and … if other appellate federal courts have split on the question of whether an asserted right exists, the right cannot be clearly established for qualified immunity purposes.

EVANS

District Court, W.D. Pennsylvania · May 5, 2026

right was clearly established at the time of the violation. … the defendant’s conduct violated a clearly established right.”

Cecere v. City of New York

967 F.2d 826 · Court of Appeals for the Second Circuit · Jun 26, 1992

The defense of qualified immunity shields governmental officials from civil liability if the official’s conduct did not violate constitutional rights that were clearly established at the pertinent time or if it was objectively … When a qualified immunity is asserted in a motion for summary judgment, of course, the facts material to the claim of qualified immunity must not be genuinely disputed. We believe that Puryear sustained his claim.

Cambre v. Smith

District Court, E.D. Louisiana · Aug 29, 2019

’ conduct was objectively unreasonable in light of then-existing clearly established law. … Helpenstell, 626 Fed.Appx. 453, 459–60 (5th Cir. 2015) (unpublished) (construing Deville as clearly establishing that an officer should receive no qualified immunity if he ‘quickly escalate[s]’ an encounter with a non-threatening

David Picray v. Christopher Duffitt

652 F. App'x 497 · Court of Appeals for the Ninth Circuit · Jun 6, 2016

established for purposes of qualified immunity. … Under the clearly established prong of qualified immunity, “[t]he dispositive question is ‘whether the violative nature of particular conduct is clearly established.’” Mullenix v. Luna, 136 S.

Pritzker v. City of Hudson

26 F. Supp. 2d 433 · District Court, N.D. New York · Oct 30, 1998

Qualified Immunity Defendants claim that, even if plaintiff can establish a prima facie case of malicious prosecution, they are entitled to qualified immunity. … “Even where a right is clearly established, an official is entitled to qualified immunity nevertheless if ‘it was objectively reasonable for the public official to believe that his acts did not violate th[at] right[ ].’ ”

Morales v. Chadbourne

793 F.3d 208 · Court of Appeals for the First Circuit · Jul 17, 2015

Donaghy argues that he is entitled to qualified immunity on Morales's Fourth Amendment claim because the law was not clearly established in 2009 that an ICE agent was required to have probable cause before issuing a detainer … For the reasons stated above, we affirm the district court's denial of qualified immunity on Morales's Fourth Amendment claim against Donaghy on the ground that the law was clearly established in 2009 that an ICE agent

Waseem Daker v. Neil Warren

Court of Appeals for the Eleventh Circuit · Aug 3, 2022

. § 1983, for failure to state a claim and qualified immunity. 28 U.S.C. § 1915A. … (repeating that an of- ficial is entitled to qualified immunity unless the “unlawfulness of [his] conduct was ‘clearly established at the time’”).

Carlyle v. Dejesus

District Court, M.D. Florida · Jul 30, 2020

Therefore, he has failed to show the violation of a clearly established constitutional right. Accordingly, Defendants are entitled to qualified immunity. See Buford v. … Forsyth, 472 U.S. 511, 526 (1985) (“Unless the plaintiff’s allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery

Fogarty v. Gallegos

523 F.3d 1147 · Court of Appeals for the Tenth Circuit · Apr 18, 2008

On appeal, defendants argue that they are entitled to qualified immunity on both counts because Fogarty’s evidence falls short of establishing a deprivation of a clearly established constitutional right. … they violated was clearly established.

Anthony J. Prisco, Jr. v. Dennis P. Talty, Individually T/a Zeitz and Talty Glenn A. Zeitz, Esq., Individually T/a Zeitz and Talty

993 F.2d 21 · Court of Appeals for the Third Circuit · Apr 30, 1993

Based on well-established standards of statutory construction, we hold that, with one clearly stated exception, the 1984 amendments do not apply to a cause of action which had accrued prior to the effective date of their … There we concluded that the government’s conduct violated Prisco's clearly established constitutional due process rights.

Chiles v. Oklahoma Department of Corrections

467 F. App'x 801 · Court of Appeals for the Tenth Circuit · Jun 15, 2012

Harris, 550 U.S. 372, 377 (2007) (holding that public officials are entitled to qualified immunity unless the plaintiff demonstrates that there is “a violation of a constitutional right” and that right is “clearly established … Jones was entitled to qualified immunity because neither Ms.