Case law

Adedeji v. Hoder

935 F. Supp. 2d 557 · District Court, E.D. New York · Mar 27, 2013

Qualified immunity protects government officials from . civil damages liability “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known … (2) “whether the right at -issue was ‘clearly established’ at the time of defendant’s alleged ¿misconduct.” .

Parks v. Taylor

District Court, W.D. Oklahoma · Mar 23, 2022

Qualified immunity protects public officials from suit “so long as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … For these reasons, and because “the right to be free from unduly tight handcuffing [is] ‘clearly established,’” Mr. Yerby is not entitled to qualified immunity at this stage.

Matson v. Hrabe

612 F. App'x 926 · Court of Appeals for the Tenth Circuit · May 22, 2015

Hrabe was entitled to qualified immunity because Mr. Matson failed to show a violation of a constitutional right that was clearly established at the time of action. See Pearson v. … Callahan, 555 U.S. 223, 232 (2009) (discussing two-prong qualified-immunity test).

Spahr v. Collins

District Court, D. Delaware · Dec 17, 2021

With respect to qualified immunity, “[u]nless 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 … To show that a right is “clearly established” for the purposes of qualified immunity, the Supreme Court has stressed the importance of case law that places the statutory or constitutional question at issue beyond debate

Steidl v. Fermon

494 F.3d 623 · Court of Appeals for the Seventh Circuit · Jul 18, 2007

established” constitutional law and preclude the defendants from proffering a qualified immunity defense. … II The Supreme Court has established a two-step analysis for assessing claims of qualified immunity. Saucier, 533 U.S. at 201, 121 S.Ct. 2151 .

Feis v. KING COUNTY SHERIFF'S DEPT.

165 Wash. App. 525 · Court of Appeals of Washington · Dec 19, 2011

resolution of a qualified immunity claim is essential." … established right so as to rebut the officers' assertion of qualified immunity.

McMillan v. City of New York

711 F.3d 120 · Court of Appeals for the Second Circuit · Mar 4, 2013

To accomplish this goal, the ADA requires that 13 employers provide reasonable accommodations to qualified 14 individuals. See id. § 12112(b)(5). … This burden is not heavy: “It is enough for the plaintiff 21 to suggest the existence of a plausible accommodation, the costs of 22 which, facially, do not clearly exceed its benefits.”

Weeks v. Barkman

District Court, D. Colorado · Sep 13, 2021

Oba is entitled to qualified immunity because he did not violate clearly established law.4 See Medina v. … to show law was clearly established); cf.

Jason Moorhead v. West Virginia Army National Guard and West Virginia Mountaineer Challenge Academy

West Virginia Supreme Court · May 2, 2025

Clearly Established Rights or Laws Petitioner alleges that three different clearly established laws or rights were violated by the cadre that should strip Respondents of qualified immunity: (1) MCA’s safety … established rights or laws, we find none that strip Respondents of qualified immunity on these facts.

Bailey v. Michigan Department of Corrections

District Court, E.D. Michigan · Aug 25, 2023

“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.” Crawford v. … The Seventh Circuit affirmed the denial of qualified immunity, reasoning that a claim for inadequate ventilation was clearly established and plaintiffs plausibly alleged a violation of their rights.

Public Citizen, Inc. v. Department of Justice and National Archives and Records Administration

111 F.3d 168 · Court of Appeals for the D.C. Circuit · Apr 22, 1997

The Presidential Records Act establishes an elaborate structure for the management of Presidential records. The United States retains ownership, possession and control. 44 U.S.C. § 2202 (1994). … The former President clearly qualifies as an expert on the implications of disclosure of Presidential records from his administration.

Williams v. Indiana Department of Child Services

District Court, N.D. Indiana · Jul 9, 2019

The Seventh Circuit has found social workers are entitled to absolute and qualified immunity in various situations. Brokaw v. … clearly established”); Millspaugh v.

Jeffrey L. Poulakis v. Michael Rogers

341 F. App'x 523 · Court of Appeals for the Eleventh Circuit · Aug 10, 2009

This Court has said clearly, consistently, and on numerous occasions that we may only consider the precedent of these courts in determining whether the case law has “clearly established” a right for qualified immunity purposes … establish qualified immunity.”

Gary Orlowski v. Milwaukee County, Wisconsin

872 F.3d 417 · Court of Appeals for the Seventh Circuit · Sep 18, 2017

Defendants Not Entitled to Qualified Immunity The first question we must address is whether Alexander and Manns (“Defendants”) are entitled to qualified immun- ity. … Manns that could impact qualified immunity analysis.

Key v. Grayson

179 F.3d 996 · Court of Appeals for the Sixth Circuit · Jun 9, 1999

Overview 10 The defense of qualified immunity grants government officials engaged in discretionary activities immunity from individual liability for civil damages unless their conduct violates "clearly established statutory … established prior to 1996 in order to preclude a finding of qualified immunity.

Fasciana v. Electronic Data Systems Corp.

829 A.2d 160 · Court of Chancery of Delaware · Feb 27, 2003

As to these allegations, Fasciana is clearly being held to account for representations he made to third parties - Kidder and GECC - as an agent of EDS. … Notwithstanding the use of the term "escrow agent" it is clearly established that "[a]n escrow holder is not as such an agent of either party to the transaction until the event occurs which terminates the escrow relation.

Maini v. Town of Norton

District Court, D. Massachusetts · Aug 25, 2023

Katz, 533 U.S. 194 (2001), a qualified immunity case involving allegations of the excessive use of force in restraining an unruly crowd of demonstrators protesting an appearance by the Vice President, the Supreme Court … Isbell, 207 F.3d 1253, 1257 (11th Cir. 2000) (trial court erred in refusing to grant qualified immunity where plaintiff could point to nothing ambit of reasonableness).

Miller v. Power

District Court, D. Utah · May 7, 2025

Clearly Established Law As to the second prong of qualified immunity, it is Plaintiff’s burden to show that his rights in the circumstances were clearly established at the time of … established’ constitutional rights ‘of which a reasonable person would have known.’”165 This standard uses identical language as the standard for qualified immunity—“[t]o be considered clearly established, ‘[t]he contours

Remsburg v. Weitman

District Court, N.D. Texas · Feb 24, 2022

Serpas, 745 F.3d 767, 771 (Sth Cir. 2014) (“Once the defendant raises the qualified immunity defense, ‘the burden shifts to the plaintiff to rebut this defense by establishing that the official’s allegedly wrongful conduct … violated clearly established law.’”

Mark Bambach v. Gina Moegle

92 F.4th 615 · Court of Appeals for the Sixth Circuit · Feb 8, 2024

The court’s analysis of the state defendants’ qualified-immunity defense, however, failed to assess whether those constitutional rights were clearly established at the time of the violations. … clearly established law).