Case law

In re Masterson

503 S.W.3d 412 · Court of Criminal Appeals of Texas · Jan 15, 2016

(explaining that “ ‘an issue of first impression can sometimes qualify for mandamus relief when the factual scenario has never been, precisely addressed but the principle of law has been clearly established’ ”) (quoting In … Weeks, 391 S.W.3d 117, 122 (Tex.Crim.App.2013)), ■ To establish the second of the two requirements for obtaining a writ of prohibition, a relator must demonstrate the absence of an adequate remedy at law.

Lewis v. City of Burnsville

District 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

Robinson v. Beaumont

291 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.

Turkmen v. Ashcroft

915 F. Supp. 2d 314 · District Court, E.D. New York · Jan 15, 2013

Qualified Immunity The allegations against the MDC defendants state a violation of clearly established Fourth Amendment law. … Qualified Immunity Defendants also suggest that they are entitled to qualified immunity because in 2001 it was not clearly established that Section 1985 applied to federal officials.

Bisetti v. City Of Austin

District 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

Blackwell v. Barton

34 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.

McCary

District 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

Whitaker v. Wisconsin Department of Health Services

849 F.3d 681 · Court of Appeals for the Seventh Circuit · Feb 27, 2017

We agree with the district court that Whita- ker failed to establish that she was an “otherwise qualified” employee, as required by the Rehabilitation Act, and we af- firm the grant of summary judgment. I. … Since Whitaker failed to establish that she was an “other- wise qualified” employee, we need not address whether she properly requested an accommodation, or whether her ac- commodation request was reasonable.

Reynolds 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.

Mark Crawford v. Donavin Geiger

656 F. App'x 190 · Court of Appeals for the Sixth Circuit · Aug 11, 2016

Legal Standards: Qualified Immunity and the Fourth Amendment “The doctrine of qualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly … immunity analysis, “[t]he dispositive question is whether the violative nature of particular conduct is clearly established.”

Oladeinde v. Birmingham, City of

230 F.3d 1275 · Court of Appeals for the Eleventh Circuit · Oct 16, 2000

Applicability of Qualified Immunity for First Amendment Claims Chief Deutsch and Captain Walker contend that they are entitled to qualified immunity because they did not violate clearly established law. … "Government officials performing discretionary functions are entitled to qualified immunity 'insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person

Lewis v. Tripp

604 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.

Wilderness v. Neal

District 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.

Tate v. United States

72 F. App'x 265 · Court of Appeals for the Sixth Circuit · Jul 8, 2003

The putative next friend must clearly establish “the propriety of his status” in order to “justify the jurisdiction of the court.” Whitmore, 495 U.S. at 164 . … Cockrell and Young did not satisfy the requirements to qualify for next Mend status.

Sommer Richards v. Lvmpd

Court of Appeals for the Ninth Circuit · Apr 14, 2023

immunity is raised, plaintiff bears the burden of demonstrating that alleged right was clearly established). … Because Richards has not established that the alleged right in this case was clearly established at the time of her encounter with Wills, Wills is entitled to summary judgment on the basis of qualified immunity.2 2

White v. Stone

District Court, D. New Mexico · Sep 13, 2022

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

Phillips v. Pike

District Court, W.D. Missouri · Sep 7, 2021

Qualified Immunity Government officials are entitled to qualified immunity in a § 1983 claim unless the official’s conduct violated a clearly established constitutional or statutory right … Deputy Childers is entitled to qualified immunity on this initial entry and seizure claim because his conduct was objectively reasonable and did not violate clearly established law.

Burke 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.”

Miller v. Ohio Department of Rehabilitation and Corrections

District Court, N.D. Ohio · Aug 14, 2025

“The doctrine of qualified immunity provides that ‘government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established … Both are entitled to qualified immunity. B.

Kohl v. Casson

5 F.3d 1141 · Court of Appeals for the Eighth Circuit · Sep 28, 1993

Briggs, 475 U.S. 335, 342 , 106 S.Ct. 1092, 1097 , 89 L.Ed.2d 271 (1986), the Court held that the function of seeking an arrest warrant is subject only to qualified immunity, not absolute immunity. … and enjoys only qualified immunity, just as the police officer was held to have in Malley .