Case law
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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.
Cited 66 timesPublishedDistrict 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.’”
Cited 0 timesUnknownDistrict 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
Cited 0 timesPublishedCourt 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.
Cited 0 timesUnpublished517 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.
Cited 15 timesPublished624 F.3d 522 · Court of Appeals for the Second Circuit · Oct 12, 2010
(3) was clearly 8 established at the time that he was arrested." … Kurtzman, 411 U.S. 192, 207-08 (1973) that petitioners are entitled to qualified immunity on the ground that it was not clearly established at the time of the search that their conduct was unconstitutional
Cited 0 timesPublishedCockrell 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.
Cited 15 timesPublished172 Wash. App. 616 · Court of Appeals of Washington · Jan 7, 2013
Accordingly, because the particularized right at issue was not “clearly established,” the trial court correctly ruled that the police officer was entitled to qualified immunity against this claim. … In evaluating a claim of qualified immunity, we must bear in mind that *629 courts “undermine the values qualified immunity seeks to promote . .. when what is not clearly established is held to be so.” al-Kidd, 131 S.
Cited 10 timesPublishedBoard of Regents of State v. Snyder
826 So. 2d 382 · District Court of Appeal of Florida · Jul 19, 2002
Qualified immunity protects government actors performing discretionary functions from liability and suit for civil damages *390 unless their conduct violates clearly established federal statutory or constitutional rights. … Thus, qualified immunity in this case hinges upon whether Mr. Snyder's First Amendment right was clearly established.
Cited 58 timesPublishedRobert Harper v. County of Delaware
Court of Appeals for the Third Circuit · Aug 12, 2019
And for qualified immunity purposes, 3 The individual defendants argued below that they were entitled to qualified immunity. … The Municipal Defendants Our conclusion that the right Harper claims was not clearly established does not resolve his claims against the municipal defendants, which cannot assert a qualified immunity defense to
Cited 0 timesUnpublishedDistrict Court, N.D. Texas · Feb 1, 2021
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.’”
Cited 0 timesUnknownDistrict Court, W.D. Missouri · Nov 30, 2018
that right was clearly established at the time of the employee’s firing.” … Regarding step two of the qualified immunity analysis, “[f]or a constitutional right to be clearly established, its contours ‘must be sufficiently clear that a reasonable official would understand that what he is doing
Cited 0 timesUnknownDistrict Court, W.D. Missouri · Nov 30, 2018
that right was clearly established at the time of the employee’s firing.” … Regarding step two of the qualified immunity analysis, “[f]or a constitutional right to be clearly established, its contours ‘must be sufficiently clear that a reasonable official would understand that what he is doing
Cited 0 timesUnknown808 F.3d 335 · Court of Appeals for the Eighth Circuit · Dec 9, 2015
Qualified immunity shields a public official from damage liability unless the official’s actions violate “clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … violation was clearly established at the time in question, what was known to a person who might be shielded by qualified immunity, and the reasonableness of defendant’s actions.
Cited 320 timesPublishedDistrict Court, W.D. Missouri · Nov 30, 2018
that right was clearly established at the time of the employee’s firing.” … Regarding step two of the qualified immunity analysis, “[f]or a constitutional right to be clearly established, its contours ‘must be sufficiently clear that a reasonable official would understand that what he is doing
Cited 0 timesUnknownDistrict Court, W.D. Missouri · Nov 30, 2018
that right was clearly established at the time of the employee’s firing.” … Regarding step two of the qualified immunity analysis, “[f]or a constitutional right to be clearly established, its contours ‘must be sufficiently clear that a reasonable official would understand that what he is doing
Cited 0 timesUnknownDistrict Court, W.D. Missouri · Nov 30, 2018
that right was clearly established at the time of the employee’s firing.” … Regarding step two of the qualified immunity analysis, “[f]or a constitutional right to be clearly established, its contours ‘must be sufficiently clear that a reasonable official would understand that what he is doing
Cited 0 timesUnknownMills v. Cole Do Not File in this Case - Case Consolidated, file in Case No. 18-CV-03241-SRB .
District Court, W.D. Missouri · Nov 30, 2018
Regarding step two of the qualified immunity analysis, “[f]or a constitutional right to be clearly established, its contours ‘must be sufficiently clear that a reasonable official would understand that what he is doing … ] was not entitled to qualified immunity”), and Nord, 757 F.3d at 744 (because government’s interests outweighed the deputy sheriff’s under Pickering-Connick, county sheriff’s “actions did not violate a clearly established
Cited 0 timesUnknown2021 S.D. 7 · South Dakota Supreme Court · Feb 10, 2021
the constitutional right was clearly established. … was clearly established at the time.
Cited 5 timesPublished938 F. Supp. 2d 116 · District Court, D. Massachusetts · Mar 28, 2013
“The doctrine of qualified 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 … “[T]he second, ‘clearly established’ step of the qualified immunity analysis ... in turn, has two aspects.” Maldonado, 568 F.3d at 269 .
Cited 14 timesPublished
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