Case law

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.

Willie Dean, Jr. v. Johnnie Jones

984 F.3d 295 · Court of Appeals for the Fourth Circuit · Jan 4, 2021

And even if there had been an Eighth Amendment violation, according to the officers, they were entitled to qualified immunity because that violation was not “clearly established” in 2015. … were lawful in light of clearly established law.’”

Puglia v. Nienhuis

District Court, M.D. Florida · Mar 31, 2023

Qualified immunity protects government officials performing discretionary functions from being sued in their individual capacities unless their conduct violates a clearly established … immunity defense, the plaintiff bears the burden of proving the existence of a clearly established right.

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).

Sallenger, Mary v. Oakes, Brian

Court of Appeals for the Seventh Circuit · Jan 10, 2007

If the right was clearly estab- lished, the government actor is not entitled to qualified immunity. … If the right was not clearly established, the officers are still entitled to qualified immunity.

Losh v. Fabian

592 F.3d 820 · Court of Appeals for the Eighth Circuit · Jan 4, 2010

Only rulings in Supreme Court decisions issued before the state court acts are considered clearly established federal law, id. at 412 , 120 S.Ct. 1495 , for a state court does not act contrary to or unreasonably apply clearly … Losh disagrees, arguing that Jimenez merely applied an "old rule," which was clearly established federal law at the time her case was decided.

Boudjerada v. City of Eugene

District Court, D. Oregon · Mar 26, 2024

Relatedly, Defendants point out that the F&R does not include a discussion of qualified immunity as to Medary and Skinner for Plaintiffs’ Third Claim, despite qualified immunity having been raised in Defendants’ … established.

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.

Boreen v. Christensen

280 Mont. 378 · Montana Supreme Court · Dec 30, 1996

s qualified immunity claim. … Because we hold that Boreen’s property interest in her employment was not clearly established in April of 1990, we need not reach the second prong of the Harlow test for granting qualified immunity.

The Spokane Tribe of Indians v. Washington State, the State of Washington Booth Gardner, Governor of the State of Washington Ken Eikenberry, Attorney General of the State of Washington Franklin L. Miller, Deputy Director of the Washington State Gambling Commission, the Spokane Tribe of Indians v. Washington State, the State of Washington Booth Gardner, Governor of the State of Washington Ken Eikenberry, Attorney General of the State of Washington Franklin L. Miller, Deputy Director of the Washington State Gambling Commission

28 F.3d 991 · Court of Appeals for the Ninth Circuit · Jul 6, 1994

Indian affairs, clearly intended to authorize such suits. … district, established by ... the United States"); Pennsylvania v.

Baldridge v. Cordes

350 Ark. 114 · Supreme Court of Arkansas · Sep 26, 2002

Qualified Immunity A motion for summary judgment based upon qualified immunity is precluded only when the plaintiff has asserted a constitutional violation, demonstrated the constitutional right is clearly established and … Thus, an official is immune from suit if his actions did not violate clearly established principles of law of which a reasonable person would have knowledge. Virden v.

RAYNER v. THE COUNTY OF CHESTER

District Court, E.D. Pennsylvania · May 6, 2025

Sept. 1, 2020) (“Because a Fourteenth Amendment procedural due process right against malicious prosecution was not clearly established in 2008—and is still not clearly established for that matter—the Court grants qualified … “If a court concludes that an officer's conduct did violate a clearly established constitutional right, then it must deny him the protection afforded by qualified immunity.” Curley, 298 F.3d at 277.

Michael Cantrell v. City of Murphy

666 F.3d 911 · Court of Appeals for the Fifth Circuit · Jan 4, 2012

“[A]n official does not lose qualified immunity merely because a certain right is clearly established in the abstract.” Kinney, 367 F.3d at 350. … Stated differently, Matthew’s asserted right was not clearly established on October 2, 2007. Because this putative right was not clearly established, the Officers are entitled to qualified immunity.

Hill v. Rowe

District Court, N.D. Texas · Jan 4, 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.’”

Jones v. Yanta

District Court, District of Columbia · Mar 31, 2009

Qualified Immunity "[G]overnment officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … However, "[ a] plaintiff who seeks damages for violation of constitutional or statutory rights may overcome the defendant official's qualified immunity only by showing that those rights were clearly established at the time

Baker v. Chaplin

517 N.W.2d 911 · Supreme Court of Minnesota · Jun 30, 1994

Id. at 396 , 109 S.Ct. at 1872 . 5 Many courts have found the law prohibiting excessive force to be clearly established *915 for qualified immunity purposes. See, e.g., Street v. … as asserted by the defendant, the defendant's actions violated clearly established law and are therefore not within the scope of the qualified immunity.

Alecia Kirby v. L.F. Sherwin

Court of Appeals for the Eleventh Circuit · Mar 24, 2023

Qualified immunity shields “government officials perform- ing discretionary functions . . . from liability for civil damages inso- far as their conduct does not violate clearly established statutory or … The Supreme Court has established a two-part test for evaluating a claim of qualified immunity.

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.’”

Hamen v. Hamlin Cnty.

2021 S.D. 7 · South Dakota Supreme Court · Feb 10, 2021

the constitutional right was clearly established. … was clearly established at the time.

Cockrell v. Board of Regents of New Mexico State University

127 N.M. 478 · New Mexico Court of Appeals · May 7, 1999

An official is entitled to qualified immunity on a motion for summary judgment if the right allegedly violated was not so clearly established that an objectively reasonable, similarly situated official would have known that … date of termination did not clearly establish such a right in the school principal, and therefore, the officials were entitled to their individual defense of qualified immunity from suit.