Case law

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.

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.” .

Nina Yoder v. University of Louisville

526 F. App'x 537 · Court of Appeals for the Sixth Circuit · May 15, 2013

The qualified-immunity doctrine shields government officials performing discretionary functions from civil liability unless their conduct violates clearly established rights. Barker v. … clearly established.

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.

Webb v. English

District Court, M.D. Florida · Sep 23, 2021

First, decisions at the district court level, like the one in Baker, are insufficient to clearly establish the law for purposes of a qualified immunity analysis. … Even so, in the context of qualified immunity, posed-but-undecided questions of constitutionality do not clearly establish a right.

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.”

Jensen, Madison Jody the Estate of v. Duchesne County

District Court, D. Utah · Sep 15, 2022

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 person would have known.’” … Gomez, 745 F.3d 405, 411 (10th Cir. 2014) (“The plaintiff “bear[s] the ultimate burden of persuasion at trial to overcome qualified immunity by showing a violation of clearly established federal law.”).

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.

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.

W. Va. State Police, Corporal R.D. Eshbaugh v. Victoria Hughes, Administratrix

238 W. Va. 406 · West Virginia Supreme Court · Jan 26, 2017

involved conduct did not violate clearly established laws of which a reasonable official would have known.”). 7 Maston v. … The record clearly establishes that the November Troopers searched the quarry, and in that search found and recovered some of Mr. Hughes’s remains.

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).

Warr v. Liberatore

District Court, W.D. New York · Aug 29, 2019

Qualified Immunity “The doctrine of qualified immunity shields officials from civil liability so long as their conduct ‘does not violate clearly established statutory or … was ‘clearly established’ at the time of defendant’s alleged misconduct.”

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.’”

Banks v. Jones

575 S.W.3d 111 · Supreme Court of Arkansas · Jun 6, 2019

Public officials are entitled to qualified immunity from damages under Section 1983 unless they transgress "clearly established statutory or constitutional rights of which a reasonable person would have known." … Banks is entitled to qualified immunity unless (1) the facts alleged, construed in a light most favorable to Jones, establish a violation of a constitutional or statutory right, and (2) the right was clearly established at

The Estate of Gary Brannon v. Franklin

District Court, M.D. Alabama · Sep 6, 2024

Qualified immunity immunizes Sheriff Franklin from liability if the Second Amended Complaint fails to state a violation of a “clearly established statutory or constitutional right[] of which a reasonable person would have … “It is therefore appropriate for a district court to grant the defense of qualified immunity at the motion to dismiss stage if the complaint ‘fails to allege the violation of a clearly established constitutional right.’

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 .

Pittsley

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

of showing that the 27 rights allegedly violated were ‘clearly established.’” … constitutes an Eighth Amendment violation, defendant is entitled 12 to qualified immunity. 13 Qualified immunity protects “all but the plainly 14 incompetent or those who knowingly

Blevins v. Hudson

489 S.W.3d 165 · Supreme Court of Arkansas · Apr 7, 2016

Qualified immunity shields government officials from liability for civil damages when they are performing discretionary functions “insofar as their conduct does not violate clearly established statutory or constitutional … Thus, courts evaluating a claim of qualified immunity must determine whether the-plaintiff has alleged the deprivation of an actual constitutional right and, if so, whether that right was clearly established at the time of