Case law

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.

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.” .

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.

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.

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.

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

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.

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

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

Sims v. Diaz

District Court, N.D. California · Mar 23, 2021

was “clearly established” at the time of the alleged misconduct. … 27 Fever spores—was not clearly established at the time”); Horton v.

Cason Cunningham v. Norm Kramer

Court of Appeals for the Ninth Circuit · Jun 13, 2019

Baldwin, 109 F.3d 557, 560-61 (9th Cir. 1997) (dismissal on the basis of qualified immunity). We affirm. … See Ashcroft v. al- Kidd, 563 U.S. 731, 735 (2011) (explaining two-part test for qualified immunity); Hines v.

Guy v. Wyo. Dep't of Corr.

444 P.3d 652 · Wyoming Supreme Court · Jul 9, 2019

Thus, we will address the Defendants' argument that they are entitled to qualified immunity. *659 [¶19] "Qualified immunity protects government officials from civil liability if their conduct does not violate clearly established … To overcome qualified immunity, the alleged right at issue must be "clearly established," such that it is "beyond debate." See, e.g. , Dist. of Columbia v.

Kennedy v. Dexter Consolidated Schools

129 N.M. 436 · New Mexico Supreme Court · Aug 14, 2000

immunity for the strip-to-undergarments search of Randy Ford because while that search violated his rights, those rights were not “clearly established” in 1992; (2) two Defendants deserved qualified immunity because their … QUALIFIED IMMUNITY {10} All Defendants assert that qualified immunity insulates them from liability.