Case law

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

Cunningham ex rel Gaines v. Baltimore Cnty.

487 Md. 282 · Court of Appeals of Maryland · Jun 25, 2024

Because the law was not clearly established at the time, qualified immunity is proper. … Alternatively, the Defendants argued that Corporal Ruby was entitled to qualified immunity because he did not violate clearly established law.

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.

Maurice Moore v. Dr. John Duffy

255 F.3d 543 · Court of Appeals for the Eighth Circuit · Jul 6, 2001

Duffy’s conduct was not objectively reasonable under clearly established law. Dr. Duffy contends on appeal that he is entitled to qualified immunity. … Qualified immunity shields 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

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.

Feis v. KING COUNTY SHERIFF'S DEPT.

165 Wash. App. 525 · Court of Appeals of Washington · Dec 19, 2011

resolution of a qualified immunity claim is essential." … established right so as to rebut the officers' assertion of qualified immunity.

Grose v. Caruso

284 F. App'x 279 · Court of Appeals for the Sixth Circuit · Jul 1, 2008

a violation of clearly established law.” … When constitutional violations are not clearly established, state officials are entitled to qualified immunity. Saucier v. Katz, 533 U.S. 194 , 201, 121 S.Ct. 2151 , 150 L.Ed.2d 272 (2001).

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).

BRYHEIM JAMAR BASKIN VS. RAFAEL MARTINEZ (L-0901-14, CAMDEN COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Sep 14, 2018

"The doctrine of qualified immunity operates to shield 'government officials performing discretionary functions generally . . . from liability for civil damages insofar as their conduct does not violate clearly established … Ct. 1765, 1776 (2015) ("Qualified immunity is no immunity at all if 'clearly established' law can simply be defined as the right to be free from unreasonable searches and seizures.").

Tidwell v. Gomez

District 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.’”

Joseph Walton, as Next Friend of Christopher Walton, a Minor v. Alma Alexander, Alma Alexander

20 F.3d 1350 · Court of Appeals for the Fifth Circuit · Jul 1, 1994

State officials are protected by qualified immunity for alleged constitutional torts if their conduct does not violate clearly established law effective at the time of the alleged tort. Harlow v. … Therefore, the first step in examining a defendant’s claim of qualified immunity is to determine whether the plaintiff has “al-leg[ed] the violation of a clearly established constitutional right.” Siegert v.

City of Fayetteville v. Romine

373 Ark. 318 · Supreme Court of Arkansas · May 1, 2008

violation, demonstrated the constitutional right is clearly established, and raised a genuine issue of fact as to whether the official would have known that the conduct violated that clearly established right. … his conduct violated that clearly established right.

OKWUEGO v. CORREIA

District Court, D. New Jersey · Aug 7, 2024

But even if this were addressed, it is not clear that the Plaintiff could get over the qualified immunity hurdle here. … (1) violated a statutory or constitutional right, and (2) that the right was ‘clearly established’ at the time of the challenged conduct.”)

Granderson v. Graulau

District Court, M.D. Tennessee · Apr 16, 2025

the unlawfulness of their conduct was ‘clearly established at the time.’” … Evans, 90 F.4th 541, 548 (6th Cir. 2024) (the defendant is entitled to qualified immunity because the plaintiff’s cursory briefing makes no attempt to meet his burden of showing that the defendant violated his clearly

Estep v. Combs

District Court, E.D. Kentucky · Jun 17, 2020

This would cloak Combs in qualified immunity. See Phillips, 786 F. … See, e.g., DE 55-1 at 16–18, 21–22.21 However, the Sixth Circuit has explicitly held that “freedom from excessively forceful or unduly tight handcuffing is a clearly established right for purposes of 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.")

Generis Ent., LLC v. Mary Anne Donley

Court of Appeals for the Sixth Circuit · Feb 19, 2026

Trooper Bitner moved to dismiss Generis’ complaint, arguing, in relevant part, that qualified immunity shielded him from suit because the liquor inspection search was not pretextual and no clearly established law placed … The district denied Trooper Bitner’s demand for qualified immunity, 3 finding that Generis had plausibly alleged a pretextual use of inspection authority for criminal investigation and that this violated clearly established

Thomas v. Mason

Court of Appeals for the Second Circuit · Dec 23, 2024

Officers are entitled to qualified immunity “if either (a) the defendant’s action did not violate clearly established law, or (b) it was objectively reasonable for the defendant to believe that his action 1 Thomas … be granted to the defendant on the basis of qualified immunity.”).

MORAN v. HAWTHORNE POLICE DEPARTMENT

District Court, D. New Jersey · Mar 18, 2025

The Officer Defendants contend that they are entitled to qualified immunity. However, those arguments presently “rest on what are currently contested factual averments.” Velardo v. … City of Elizabeth, 436 F. 3d 397, 405 (3d Cir. 2006) (“Although qualified immunity is a question of law determined by the Court, when qualified immunity depends on disputed issues of fact, those issues must be determined

Kong v. Burnsville, City of

District Court, D. Minnesota · Dec 14, 2018

See Pearson, 555 U.S. at 237 (encouraging courts to decide qualified immunity defenses on the “clearly established “prong” when “it is plain that a constitutional right is not clearly established but far from obvious whether … judgment in a qualified immunity case.”