Case law
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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.
Cited 0 timesUnpublishedDistrict 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
Cited 0 timesUnknownJamal Murray v. State of Ohio Dep't of Corrections
29 F.4th 779 · Court of Appeals for the Sixth Circuit · Mar 30, 2022
motion is based on a claim of qualified immunity.” … Heyd is entitled to qualified immunity as a matter of law We now consider the merits of the qualified-immunity defense.
Cited 29 timesPublishedSchmidt v. Midwest Family Mutual Insurance Co.
426 N.W.2d 870 · Supreme Court of Minnesota · Aug 5, 1988
The insurance policy between Midwest and Schmidt may not technically qualify as a contract of adhesion. Nevertheless, it possesses some earmarks of an adhesive contract. … The public policy of this state favoring the employment of arbitration is clearly and firmly established in our law. By our decisions it antedated the UAA. By enactment of the UAA it has been legislatively endorsed.
Cited 34 timesPublishedDistrict 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.”
Cited 0 timesUnknown34 F.3d 298 · Court of Appeals for the Fifth Circuit · Sep 20, 1994
The first inquiry in the examination of a defendant's claim of qualified immunity is whether the plaintiff alleged the violation of a clearly established constitutional right. Siegert v. … Qualified Immunity Barton is entitled to qualified immunity unless he violated a constitutional right that was clearly established at the time of his conduct. Pfannstiel, 918 F.2d at 1183.
Cited 114 timesPublished587 F. Supp. 2d 436 · District Court, E.D. New York · Nov 24, 2008
the defense of qualified immunity, which “shields government officials performing discretionary functions ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … “As a general rule, police officers are entitled to qualified immunity if (1) their conduct does not violate clearly established constitutional rights, or (2) it was objectively reasonable for them to believe their acts did
Cited 11 timesPublishedDeputy J.K. Maston v. Thomas Jefferson Wagner
236 W. Va. 488 · West Virginia Supreme Court · Nov 10, 2015
the involved conduct did not violate clearly established laws of which a reasonable official would have known.”).9 A public officer is entitled to qualified immunity for discretionary acts, even if committed negligently … A litigant may pierce the shield of qualified immunity by showing that a government official has violated a clearly established statutory or constitutional right.
Cited 50 timesPublishedDistrict Court, D. Minnesota · Oct 31, 2019
Therefore, at minimum, Frascone has qualified immunity. See Brown v. … City of Golden Valley, 574 F.3d 491, 496 (8th Cir. 2009) (explaining that to defeat qualified immunity, a plaintiff most show both the existence of a right and that the right was clearly established at the time of the
Cited 0 timesUnknownDistrict Court, W.D. Texas · Sep 30, 2022
The qualified-immunity framework The doctrine of qualified immunity protects public officials from suit and liability for damages under § 1983 unless their conduct violates a clearly established … Thus, in determining qualified immunity, courts engage in a two-step analysis: (1) was a statutory or constitutional right violated on the facts alleged; and (2) did the officer’s actions violate clearly established
Cited 0 timesUnknownDistrict Court, E.D. Wisconsin · Oct 3, 2022
qualified immunity from suits for damages ‘insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’” … immunity” because the law at the time did not clearly establish that his doing so violated McCollum’s rights.
Cited 0 timesUnknown291 Ark. 477 · Supreme Court of Arkansas · Mar 16, 1987
This immunity is guaranteed so long as the actions do not violate “clearly established statutory or constitutional rights of which a reasonable person would have known.” … If the complaint fails to state a claim of violation of clearly established law the defense of qualified immunity is appropriate and the suit should not be allowed to proceed.
Cited 55 timesPublished464 U.S. 965 · Supreme Court of the United States · Nov 7, 1983
Cited 7 timesPublishedUnited 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.
Vacated in part, on other grounds by United States v. Holy Land Foundation for Relief & Development, 493 F.3d 469 (2007)Cited 78 timesPublishedReynolds v. California Department of Corrections and Rehabilitation
District Court, N.D. California · Nov 12, 2019
clearly established statutory or constitutional rights 1 The doctrine of qualified immunity attempts to balance two important and sometimes competing 2 interests: “the need to hold public officials accountable when … 14 spores—was not clearly established at the time”); Horton v.
Cited 0 timesUnknownDistrict Court, D. Delaware · Nov 24, 2025
Plaintiffs do not claim any Eighth Amendment issue in their complaint, however, and even if they had, Defendants would be entitled to qualified immunity for the alleged verbal threats, given the existence of a number of … Wesby, 583 U.S. 48, 62-63 (2018) (noting that “officers are entitled to qualified immunity under § 1983” unless they violate a constitutional right established by a “settled law” that has been “dictated by controlling authority
Cited 0 timesUnknownDistrict Court, E.D. Michigan · Mar 30, 2020
App’x 384, 388 (6th Cir. 2008) (“Because our cases clearly established Lawler’s right to be free from gratuitous force during booking, the district court properly denied Toro qualified immunity.” … In contrast to qualified immunity, this inquiry is subjective. See id. But McCabe and Masserang not only have the initial burden on summary judgment, they also have the burden of establishing governmental immunity.
Cited 0 timesUnknownDistrict Court, N.D. Indiana · Sep 22, 2025
Qualified immunity Lastly, Sgt. … Haskell and Officer Sanders argue they are entitled to qualified immunity because their actions did not violate any clearly established law. ECF 103 at 7-9.
Cited 0 timesUnknownBurke v. Vision Government Solutions, Inc.
District Court, D. Connecticut · Jan 15, 2020
“The doctrine of qualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … the clearly established law.”
Cited 0 timesUnknown604 F.3d 1221 · Court of Appeals for the Tenth Circuit · May 17, 2010
Lewis’s clearly established rights. … Lewis hasn’t demonstrated a constitutional violation, let alone a clearly established one.
Cited 160 timesPublished
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