Case law

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.’”

Gallant v. Cole <b> <font color="RED"> Do Not File in this Case - Case Consolidated, file in Case No. 18-CV-03241-SRB . </b> </font>

District 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

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.

James Schoonover v. Clay County Sheriff's Dept.

Court of Appeals for the Fourth Circuit · Jun 15, 2023

To determine whether an officer is entitled to qualified immunity, we must examine, in either order: “(1) whether a constitutional violation occurred; and (2) whether the right was clearly established at … qualified immunity.”).

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.

Devon W. Brown v. City of Atlanta

Court of Appeals for the Eleventh Circuit · Jun 25, 2019

With respect to such claim, the Officers would also have qualified immunity regarding their movement of chairs, looking behind counters, and looking into refrigerators as no clearly established precedent indicates that … Creighton, 483 U.S. 635, 641 (1987) (holding that an officer is entitled to qualified immunity if “a reasonable officer could have believed” that the search was lawful “in light of clearly established law and the information

Henry H. Amsden v. Thomas F. Moran, Etc.

904 F.2d 748 · Court of Appeals for the First Circuit · May 29, 1990

Qualified immunity shields government officials wielding discretionary powers “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … not necessarily entitled to prevail on the issue of qualified immunity- *752 Collins v.

Self, Carl v. Bates, Kelsey

District Court, W.D. Wisconsin · Mar 14, 2025

Even if prison officials violate the Constitution, they are entitled to qualified immunity absent proof of a violation of clearly established law. Tousis v. Billiot, 84 F.4th 692, 698 (7th Cir. 2023). … Thus, the court must deny summary judgment as to both, including on qualified immunity grounds. See Hardeman v.

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.

Saez v. Judicial Branch

District Court, D. Connecticut · Aug 16, 2022

In order for a plaintiff to overcome a defense of qualified immunity, a plaintiff must show that the defendant violated a right of the plaintiff that was clearly established law at the time of the conduct in question. … App’x 533, 535 (2d Cir. 2004) (dismissing qualified immunity appeal because employee’s right to be free from racially discriminatory imposition of a probationary period was clearly established in 2004).

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.”

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).

Chavez v. Board of County Commissioners

130 N.M. 753 · New Mexico Court of Appeals · Jul 23, 2001

Merits of Qualified Immunity Issue {14} Government officials performing discretionary functions are entitled to qualified immunity “insofar as their conduct does not violate clearly established statutory or constitutional … Clearly Established Law {16} Defendants argue that they are entitled to qualified immunity because Plaintiff failed to meet her burden of showing that in October 1995 it was clearly established that law enforcement officers

Ellison v. Martin

District Court, S.D. Ohio · Nov 30, 2020

“Qualified immunity is applicable unless the official’s conduct violated a clearly established constitutional right.” Pearson, 555 U.S. at 232. … The right to be free from arrest without probable cause was clearly established in 2016 for purposes of a qualified immunity analysis. See, e.g., Radvansky v.

Williams v. Baird

273 Neb. 977 · Nebraska Supreme Court · Jul 13, 2007

Qualified immunity provides a shield from liability for public officials sued under 42 U.S.C. § 1983 in their individual capacity, so long as an official’s conduct does not violate clearly established statutory or constitutional … workers. 32 Whether an official may prevail in his or her qualified immunity defense depends upon the objective reasonableness of his or her conduct as measured by reference to clearly established law. 33 An official sued

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.

Doe v. Marsh

105 F.3d 106 · Court of Appeals for the Second Circuit · Jan 22, 1997

"Even where the plaintiff's federal rights and the scope of the official's permissible conduct are clearly established, the qualified immunity defense protects a government actor if it was 'objectively reasonable' for him … 'clearly established' at the time [the action] was taken.")

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.

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.