Case law

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.

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.

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

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.’”

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.

United States v. Granvel E. Windom

19 F.3d 1190 · Court of Appeals for the Seventh Circuit · Mar 24, 1994

Windom’s concern that his memory might have faded “is insufficient to *1196 establish that the delay impaired his defense.” Brock, 782 F.2d at 1447 . … Clearly, in light of the prevailing standard in this circuit, the evidence was sufficient to support Windom’s conviction on Count Seven. 2.

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.

Akande v. Grounds

555 F.3d 586 · Court of Appeals for the Seventh Circuit · Feb 9, 2009

Qualified immunity shields government officials from liability for civil damages where their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known. … “clearly established” at the time of the defendant’s alleged misconduct.

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’”).

Jazmine Bryant v. Bill Hensley

Court of Appeals for the Sixth Circuit · Mar 19, 2024

In Hunter and Payne’s view, that response failed to argue that qualified immunity did not apply to them. True, Bryant’s estate bears the burden of showing that qualified immunity does not apply. See Blake v. … Edmonson County, 18 F.4th 516, 530 (6th Cir. 2021) (holding that the defendant acted in bad faith and was “not eligible for state qualified immunity” under Kentucky law because he violated the plaintiff’s “clearly established

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