Case law

United States v. Abdalla

327 F. Supp. 3d 1079 · District Court, M.D. Tennessee · Aug 29, 2018

Greene , 250 F.3d 471 , 480 (6th Cir. 2001) ("Circuit precedent clearly establishes that *1087 the affiant need only specify that the confidential informant has given accurate information in the past to qualify as reliable … While the address above the judge's signature was wrong, that was clearly the result of Agent Brandon Gooch cutting and pasting from an earlier warrant.

Farrar v. Worrell

District Court, W.D. Virginia · May 9, 2022

The doctrine of qualified immunity shields government officials from civil damages liability “so long as their conduct ‘does not violate clearly established statutory or constitutional rights of which a reasonable person … Harris, 65 F.3d 347, 359-60 (4th Cir. 1995) (“If a plaintiff has alleged a clearly established right, summary judgment on qualified immunity grounds is improper as long as there remains any material factual dispute

Oxley v. Contra Costa County Sheriff Department

District Court, N.D. California · Jan 31, 2025

Hughes, 584 U.S. 100, 105 16 (2018) (finding officer entitled to qualified immunity against an excessive force claim 17 because there was no clearly established law by which any competent officer would have 18 known … Defendants assert that 17 Defendant Jones is entitled to qualified immunity based on the undisputed facts and the 18 absence of any controlling authority clearly establishing that his conduct was unlawful. 19 Id

Gould v. Davis

165 F.3d 265 · Court of Appeals for the Fourth Circuit · Dec 31, 1998

We agree with the district court that the officers are not entitled to qualified immunity because the constitutional right at issue was clearly established at the time of the events in question and was a right of which a … The second prong of the qualified immunity analysis inquires whether the right at issue was clearly established at the time the alleged violation took place.

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.

Williams v. Zachary

District Court, N.D. Mississippi · Aug 27, 2021

Thomas, 843 F.3d 172, 177 (5th Cir. 2016) (“Qualified immunity protects officers from suit unless their conduct violates a clearly established constitutional right.”) (quoting Mace v. … Qualified immunity calls for a bifurcated test in which the court must first determine (1) “whether the plaintiff has alleged a violation of a clearly established statutory or constitutional right that was clearly established

Moulton v. Prosper

District Court, S.D. Florida · Sep 11, 2019

To overcome the qualified immunity defense, a plaintiff must show that the officer deprived him of a constitutional right that was “clearly established” at the time of the alleged offense. See Saucier v. … To circumvent the Defendant’s entitlement to qualified immunity, the Plaintiff therefore bears the burden of establishing that the officers violated his “clearly established” constitutional right to be free from the

Karen Hardy v. Broward Co. Sheriff's Office

238 F. App'x 435 · Court of Appeals for the Eleventh Circuit · Jun 6, 2007

established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery.” … As we concluded above, Appellants failed to establish that the Deputies violated clearly established constitutional law, and therefore, the Deputies are entitled to qualified immunity.

Lewis Floyd, Jr., vs Duane Corder

426 F. App'x 790 · Court of Appeals for the Eleventh Circuit · May 13, 2011

To defeat qualified immunity, the plaintiff must show that “(1) the defendant violated a constitutional right, and (2) this right was clearly established at the time of the alleged violation.” Id. … immunity because his actions did not violate Floyd’s “clearly established rights.”

(PC) Dawson v. Lynch

District Court, E.D. California · Aug 19, 2022

It is unclear from the allegations 19 that plaintiff qualifies for a medical order for single-cell status and, regardless, the complaint 20 establishes that custody staff has determined that plaintiff qualifies for single-cell … Robinson, 817 F.3d 1162, 1169 (9th Cir. 2016) (statutory 27 language permits sua sponte, pre-service dismissal on grounds of qualified immunity as well as 28 absolute immunity).

Bass v. Richards

308 F.3d 1081 · Court of Appeals for the Tenth Circuit · Aug 14, 2002

It is subject to appeal, however, when the defendants are public officials asserting a qualified immunity defense and the appealed issue is whether a given set of facts establishes that defendants violated clearly established … Instead, Appellants argue that they are entitled to qualified immunity because Bass’ right to affiliate himself with Vorhies, an unannounced candidate, was not clearly established at the time his commission was removed.

Sockwell v. Town of Calhoun City

District Court, N.D. Mississippi · Aug 5, 2019

Thomas, 843 F.3d 172, 177 (5th Cir. 2016) (“Qualified immunity protects officers from suit unless their conduct violates a clearly established constitutional right.) (quoting Mace v. … Qualified immunity calls for a bifurcated test in which the court must first determine (1) “whether the plaintiff has alleged a violation of a clearly established statutory or constitutional right and, if so, (2) whether

Lee v. Mihalich

847 F.2d 66 · Court of Appeals for the Third Circuit · May 17, 1988

In furtherance of these policies, the discriminant for qualified immunity focuses on the objective legal reasonableness of an official’s acts under law which has been clearly established at the time he acts. … A government official will be denied qualified immunity for having violated a clearly established right when “in the light of preexisting law the unlawfulness [is] apparent.” Anderson, 107 S.Ct. at 3039 .

Eugene F. Assaf v. George C. Fields Gary E. Crowell

178 F.3d 170 · Court of Appeals for the Third Circuit · May 19, 1999

Nonetheless, it held that the defendants were entitled to qualified immunity because it was not clearly established that Assaf could not be fired for political reasons. See id. at 633. III. … to qualified immunity.

City of Saint Albans v. Botkins

228 W. Va. 393 · West Virginia Supreme Court · Nov 23, 2011

As to the second step of the qualified immunity inquiry— whether the constitutional standards were clearly established at the time in question— the Ninth Circuit concluded it should be answered by applying the same test the … Is there qualified immunity?

Birbiglia v. Saint Vincent Hospital, Inc.

427 Mass. 80 · Massachusetts Supreme Judicial Court · Mar 16, 1998

Geltman, 406 Mass. 811, 816-817 [1990]) would not be thereby shown to have failed to qualify for immunity. … The specific intent that would be required to establish that the action of the board violated any duty of good faith and fair dealing cannot be established by aggregating the knowledge of all hospital employees acting within

Suasnavas v. Stover

196 F. App'x 647 · Court of Appeals for the Tenth Circuit · Aug 25, 2006

court’s denial of qualified immunity. … “[W]here the right is clearly established, a defendant should only rarely be able to succeed with a qualified immunity defense.” Id. (internal quotation marks omitted). Gomes, 451 F.3d at 1134-35. D.

Doe v. Oregon State University

District Court, D. Oregon · Jul 13, 2022

Additionally, the Court is unaware of any case indicating a district court opinion alone, without at least some appellate court precedent, qualifies as clearly established precedent in the qualified immunity context. … Because Plaintiff has failed to demonstrate a clearly established property interest in his continued enrollment at OSU, the individual Defendants are entitled to qualified immunity.

Allaedhin Qandah v. Michael McKee

Court of Appeals for the Eighth Circuit · Jun 8, 2022

Koehler, 616 F.3d 855, 861 (8th Cir. 2010) (limiting appellate review of denial of qualified immunity to determining whether conduct, as factually supported under summary judgment standard, violated a plaintiff’s clearly … established rights).

Connelly v. Hall

District Court, S.D. Florida · Apr 15, 2025

Once qualified immunity is raised by a defendant, and it is established that the government official was acting within his/her discretionary authority, the burden shifts to the plaintiff to show that qualified immunity … Therefore, Defendants are entitled to qualified immunity and the Court need not address whether the law was clearly established. IV.