Case law

Rueb

District Court, D. Colorado · Nov 5, 2025

Once the defense of qualified immunity has been raised, “the onus is on the plaintiff to demonstrate ‘(1) that the official violated a statutory or constitutional right, and (2) that the right was “clearly established” … The Tenth Circuit has explained the “clearly established” prong of the qualified immunity analysis as follows: A clearly established right is one that is sufficiently

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.

Martin v. City of Albuquerque

219 F. Supp. 3d 1081 · District Court, D. New Mexico · Nov 9, 2015

Qualified immunity shields government officials from liability where “their conduct does not violate clearly established statutory or constitutional rights *1086 of which a reasonable person would have known.” … Once the plaintiff has established the inference that the defendant’s conduct violated a clearly established constitutional right, a qualified immunity defense generally fails. See Cannon v.

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

Stinde v. Schoenbeck

District Court, S.D. Illinois · Sep 27, 2022

In general, qualified immunity shields “government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … Walker, 865 F.3d 544 (7th Cir. 2017) (denying qualified immunity to jail staff who were deliberately indifferent to plaintiff’s risk of suicide, holding that qualified immunity need not be litigated and established disease

Daniel G. Buonocore v. Donald L. Harris, Special Agent, Bureau of Alcohol, Tobacco and Firearms, and David R. Cundiff, Deputy Sheriff, Franklin County Sheriff's Department Chesapeake and Potomac Telephone Company of Virginia James D. Thompson, Assistant Manager, Chesapeake and Potomac Telephone Company of Virginia Linda Sue Taylor United States of America, Daniel G. Buonocore v. David R. Cundiff, Deputy Sheriff, Franklin County Sheriff's Department, and Donald L. Harris, Special Agent, Bureau of Alcohol, Tobacco and Firearms Chesapeake and Potomac Telephone Company of Virginia James D. Thompson, Assistant Manager, Chesapeake and Potomac Telephone Company of Virginia Linda Sue Taylor United States of America

65 F.3d 347 · Court of Appeals for the Fourth Circuit · Sep 12, 1995

established' for qualified immunity purposes." … They do broadly assert that they are entitled to qualified immunity because the right "allegedly violated" was not "clearly established." Appellants' Brief at 20 (emphasis added).

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.

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.

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 . . .

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.

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.

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.

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.

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

(PC) Gordon v. Cooper

District Court, E.D. California · May 1, 2025

Spencer, 336 F.3d 832, 835 (9th Cir. 2003), did not clearly establish a constitutional 1 right to privacy in juvenile records); A.C. v. Cortez, 398 F. Supp. 3d 748, 752 (S.D. … App’x 811, 812 (9th Cir. 2013) (holding social workers entitled to qualified 4 immunity because there was no clearly established constitutional “right to privacy” for juvenile 5 records even when disclosed to third parties

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."

Markland v. Carter Co Sheriff Dept Swat Team Members

District Court, E.D. Tennessee · Aug 25, 2025

Clearly Established Right Even if Defendants violated Plaintiff’s Fourth Amendment rights, they are entitled to summary judgment on qualified immunity grounds. … To refute Defendants’ qualified immunity defense, Plaintiff bore the burden of demonstrating that the claimed right was clearly established. Ciminillo, 434 F.3d at 466; see also Mosier v.

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).

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 .