Case law

Latarsha Kelly v. Anthony Gaton

Court of Appeals for the D.C. Circuit · Jan 27, 2023

did not violate clearly established law. … On the facts of this case, Officer Gaton is entitled to qualified immunity because he did not violate clearly established law.

CLARK CNTY. v. DIST. CT. (EGGLESTON)

141 Nev. Adv. Op. No. 31 · Nevada Supreme Court · Jun 12, 2025

Granting summary judgment on qualified immunity grounds is appropriate where the defendant's conduct did not violate any clearly established constitutional law. See White u. … Eggleston has not met the exacting "clearly established" standard required to defeat qualified immunity on this point.

Montaz Lee Kennedy v. India Smith

Court of Appeals for the Sixth Circuit · Apr 20, 2026

If the defendant properly raises qualified immunity, the burden shifts to the plaintiff to satisfy the two-prong test by showing “that (1) the defendant violated a constitutional right and (2) that right was clearly established … Perhaps it wasn’t clearly established that the plaintiff’s speech was protected, or maybe it wasn’t clearly established that the defendant’s conduct amounted to an adverse action.

Grieb

District Court, M.D. Florida · Jan 29, 2026

But under the doctrine of qualified immunity, a plaintiff must surmount a high bar: he must demonstrate that the officers violated a statutory or constitutional right that was “clearly established” at the time of the … Norrod, 106 F.3d 1289, 1299 (6th Cir. 1997) (concluding that an observing officer was entitled to qualified immunity because “there was no clearly established right being violated for which [he] had a duty to intervene

Livermore v. Lubelan

Court of Appeals for the Sixth Circuit · Feb 7, 2007

alleged by the plaintiff constitute a violation of clearly established law.”). … To defeat qualified immunity, the plaintiff must show that the defendant had notice that the manner in which the force was used had been previously proscribed: [T]here is no doubt that [precedent] clearly establishes

Willie H. Bozeman v. Silas Orum, III

422 F.3d 1265 · Court of Appeals for the Eleventh Circuit · Aug 31, 2005

Qualified Immunity. This Court decided in Johnson v. Breeden, 280 F.3d 1308, 1321-22 (11th Cir.2002), that, where this kind of excessive force violation is established, “there is no room for qualified immunity.” II. … Qualified Immunity.

Gaddis v. Harrison

District Court, W.D. Kentucky · Nov 6, 2020

of qualified immunity. … City of Orlando, 407 F.3d 1152, 1159 (11th Cir. 2005)) (“A right may be clearly established for qualified immunity purposes . . .

Tomlinson v. Dallas Area Rapid Transit

District Court, N.D. Texas · Apr 19, 2021

In doing so, Lindsay and Sorrells asserted qualified immunity as an affirmative defense. See Dkt. No. 17 at 8; Dkt. No. 19 at 7- 8. … See Wicks, 41 F.3d at 994; Backe, 691 F.3d at 648 (“[T]his court has established a careful procedure under which a district court may defer its qualified immunity ruling if further factual development is necessary to

Rebecca S. Doby Herbert K. Doby, in No. 98-1124 v. James Decrescenzo Bucks County Department of Mental Health and Mental Retardation Phillip M. Fenster, County Administrator, Bucks County Department of Mental Health and Mental Retardation, in His Official Capacity Amy Bryant, Individually and in Her Official Capacity as Delegate for the County Administrator of the Bucks County Department of Mental Health/mental Retardation Lenape Valley Foundation Debbie Neidhardt, Individually and in Her Official Capacity as Delegate for the County Administrator of the Bucks County Department of Mental Health and Mental Retardation Township of Warrington Warrington Township Police Department John Bonargo, Chief of Police, Warrington Township Police Department, in His Official Capacity John Doe, Police Officer 1, Officer Who, With Police Officer 2, Asked Mrs. Doby to Step Outside Apartment at Approximately 7:00 P.M. And Took Mrs. Doby in Handcuffs and Shackles to the Hospital, Individually and in His Official Capacity as Police Officer of Warrington Township John Doe, Police Officer 2, Officer Who, With Police Officer 1, Asked Mrs. Doby to Step Outside Apartment at Approximately 7:00 P.M. And Took Mrs. Doby in Handcuffs and Shackles to the Hospital, Individually and in His Official Capacity as Police Officer of Warrington Township John Doe, Police Officer 3, Officer Who Came to the Dobys' Apartment at Approximately 7:00 P.M. On December 30, 1993, and Remained at Their Apartment After Mrs. Doby Was Taken to the Hospital, Individually and in His Official Capacity as Police Officer of Warrington Township Lenape Valley Foundation John C. Richards, M.D. Doylestown Hospital Joseph Knox, Sergeant, of the Warrington Township Police Department, in His Official and Individual Capacity Michael Neipp, Officer, of the Warrington Township Police Department, in His Official and Individual Capacity Kenneth Hawthorn, Officer, of the Warrington Township Police Department, in His Official and Individual Capacity Rebecca S. Doby Herbert K. Doby, in No. 98-1224 v. James Decrescenzo Bucks County Department of Mental Health and Mental Retardation Phillip M. Fenster, County Administrator, Bucks County Department of Mental Health and Mental Retardation, in His Official Capacity Amy Bryant, Individually and in Her Official Capacity as Delegate for the County Administrator of the Bucks County Department of Mental Health/mental Retardation Lenape Valley Foundation Debbie Neidhardt, Individually and in Her Official Capacity as Delegate for the County Administrator of the Bucks County Department of Mental Health and Mental Retardation Township of Warrington Warrington Township Police Department John Bonargo, Chief of Police, Warrington Township Police Department, in His Official Capacity John Doe, Police Officer 1, Officer Who, With Police Officer 2, Asked Mrs. Doby to Step Outside Apartment at Approximately 7:00 P.M. And Took Mrs. Doby in Handcuffs and Shackles to the Hospital, Individually and in His Official Capacity as Police Officer of Warrington Township John Doe, Police Officer 2, Officer Who, With Police Officer 1, Asked Mrs. Doby to Step Outside Apartment at Approximately 7:00 P.M. And Took Mrs. Doby in Handcuffs and Shackles to the Hospital, Individually and in His Official Capacity as Police Officer of Warrington Township John Doe, Police Officer 3, 2 Officer Who Came to the Dobys' Apartment at Approximately 7:00 P.M. On December 30, 1993, and Remained at Their Apartment After Mrs. Doby Was Taken to the Hospital, Individually and in His Official Capacity as Police Officer of Warrington Township Lenape Valley Foundation John C. Richards, M.D. Doylestown Hospital Joseph Knox, Sergeant, of the Warrington Township Police Department, in His Official and Individual Capacity Michael Neipp, Officer, of the Warrington Township Police Department, in His Official and Individual Capacity Kenneth Hawthorn, Officer, of the Warrington Township Police Department, in His Official and Individual Capacity

171 F.3d 858 · Court of Appeals for the Third Circuit · Mar 22, 1999

with Judge Fullam's conclusion that DeCrescenzo qualifies for immunity under section 7114. … Thus, the implicit question addressed in that case was what kind of medical personnel would qualify for immunity.

Clinton v. Perez

District Court, D. Connecticut · Jul 9, 2021

And even if there were such a right, in the absence of applicable Supreme Court or Second Circuit caselaw clearly establishing such a right, the Defendants would be entitled to qualified immunity against this claim. … Haslun, 598 F.3d 70, 73 (2d Cir. 2010) (“To overcome the defense of qualified immunity, a plaintiff must show both (1) the violation of a constitutional right and (2) that the constitutional right was clearly established

William Torres v. Thomas Read

593 F. App'x 742 · Court of Appeals for the Ninth Circuit · Feb 25, 2015

We review de novo a district court’s order denying summary judgment on the ground of qualified immunity. Rodis v. City & Cnty. of S.F., 558 F.3d 964, 968 (9th Cir. 2009). … The two-pronged qualified immunity inquiry asks (1) whether “the officer’s conduct violated a constitutional right” and (2) whether “the right was clearly established” at the time of the alleged misconduct. Alston v.

ESTATE OF

430 F.3d 140 · Court of Appeals for the Third Circuit · Nov 30, 2005

Therefore, it is appropriate for us to rely on that decision in our analysis of whether the officers are entitled to qualified immunity, as the contours of the right at issue here — as set forth in Sharrar — were "clearly … More specifically, the second question requires us to ask whether the right the defendant stands accused of violating was "clearly established" at the time of the incident in question.

Patric Patterson v. Kennie Bolden

902 F.3d 845 · Court of Appeals for the Eighth Circuit · Sep 5, 2018

Qualified immunity shields state officials from both civil liability and the burdens of litigation unless their conduct violates a clearly established right of which a reasonable person would have known. Young v. … The district court did not err in granting the defendants qualified immunity. IV.

RADIATION DATA, INC. VS. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION (L-1260-16, SOMERSET COUNTY AND STATEWIDE)

456 N.J. Super. 550 · New Jersey Superior Court Appellate Division · Nov 2, 2018

Most pertinent to the present appeal, defendants invoked principles of qualified immunity and argued that RDI's constitutional and NJCRA claims must be dismissed because defendants violated no "clearly established" laws … Therefore, "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."

Simpson v. Rivera

District Court, N.D. Ohio · Mar 21, 2023

In sum, qualified immunity hinges on: (1) whether there was a violation of a constitutional right, and (2) was that right clearly established at the time of the incident. Saucier v. … Ct. at 8 (exploring qualified immunity’s “clearly established” prong in the context of excessive force claim).

Young v. Suffolk County

922 F. Supp. 2d 368 · District Court, E.D. New York · Feb 11, 2013

Young lacked apparent authority to consent to Delgado’s entry, Delgado is shielded from Section 1983 liability by the doctrine of qualified immunity. … City of Hobbs, 90 F.Supp.2d 1313, 1320 (D.N.M.2000) (police had qualified immunity on claim that caretaker had apparent authority to authorize search of common areas of the house). .

Wayne Ford v. John McGinnis Superintendent, Patrick McGann Deputy Superintendent of Administration, Gordon Lord, Assistant Deputy Superintendent

352 F.3d 582 · Court of Appeals for the Second Circuit · Dec 15, 2003

We agree with the district court’s discussion of qualified immunity insofar as it found that the constitutional right at issue is clearly established. Ford, 230 F.Supp.2d at 348 . … claimed right is clearly established. 17 .

Mancuso v. Douglas Elliman, LLC

808 F. Supp. 2d 606 · District Court, S.D. New York · Aug 24, 2011

When analyzing this prong of a prima facie case, courts have used as a starting point the applicable criteria that the owner has established regarding who is “qualified.” … Other cases, including some cited by plaintiffs, have also used relevant criteria that the owner established in analyzing the “qualified” prong. See, e.g., Mencer v.

Rosa v. Bonk

District Court, D. Colorado · Aug 19, 2024

“The law is clearly established when a Supreme Court or Tenth Circuit decision is on point, [though the decision need not be precisely on point] or if the clearly established weight of authority from other courts shows … Second, “the plaintiff must show that the right was clearly established at the time of the alleged unlawful activity.” Id. The Court may examine the two prongs of qualified immunity in either order. Pearson v.

Tate Smith v. Odessa Junior College District, et a

507 F. App'x 359 · Court of Appeals for the Fifth Circuit · Jan 10, 2013

As stated, for our analysis of the second prong of the qualified-immunity test, the objective reasonableness of Davis’ actions must be viewed in the light of then clearly-established law. … Needless to say, the law was not clearly established.