Case law

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

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

Jones

District Court, E.D. Michigan · Dec 29, 2025

Qualified Immunity Defendants also assert that the claims against Sheriff King must be dismissed under qualified immunity. … Nor is Sheriff King entitled to qualified immunity under the Elrod/Branti defense.

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.

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

STATE OF NEW JERSEY VS. CHRISTOPHER KIM (16-07-0591 AND 17-02-0115, PASSAIC COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Aug 21, 2018

at 123 (analyzing the exemption in the context of a claim of qualified immunity). … at 343 (holding "it is only when the facts known to the prosecutor clearly indicate or clearly establish the appropriateness of an instruction that the duty of the prosecution arises"); cf. State v.

Reynolds-Marshall v. Hallum

162 B.R. 51 · District Court, D. Maine · Dec 29, 1993

That rule provides that “[findings of fact ... shall not be set aside unless clearly erroneous.” B.R. 8013. This Court will review determinations of law de novo. A. … In Davenport , the Supreme Court indicated that the legislative history of the Bankruptcy Code “reflects Congress’ broad rather than restrictive view of the class of obligations that qualify as a ‘claim’ giving rise to a

Jerry Reed v. Allison Taylor

Court of Appeals for the Fifth Circuit · May 2, 2019

The district court granted summary judgment to the officials based on qualified immunity, holding that the threat of criminal prosecution wasn’t “other legal process” under clearly established law. Reed appealed. … “The doctrine of qualified immunity shields officials from civil liability so long as their conduct ‘does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’

Johnson v. Rowe

District Court, D. Connecticut · Jun 27, 2025

Defendants bear of the burden of establishing qualified immunity. Outlaw v. … The defendants have not met their burden of establishing qualified immunity at the pleadings stage.

Bishop v. Szuba

Court of Appeals for the Tenth Circuit · Jul 12, 2018

Clearly Established Law An official is entitled to qualified immunity so long as his or her actions don’t “violate clearly established statutory or constitutional rights of which a reasonable person would have known … (holding that defendant was entitled to qualified immunity because plaintiff “failed to satisfy her burden on the clearly-established-law prong of the qualified-immunity standard”).

Losleben v. Oppedahl

319 Mont. 269 · Montana Supreme Court · Jan 28, 2004

Did the District Court err in granting Defendant Capp qualified immunity on the basis that it was not clearly established at the time of Losleben’s discharge from employment that the Fourteenth Amendment’s Equal Protection … , Capp was entitled to qualified immunity

Rivera v. Redfern

District Court, M.D. Pennsylvania · Feb 21, 2023

Thus, the court may forego difficult constitutional issues and award qualified immunity to a defendant if it is apparent that the defendant did not violate rights that were clearly established at the time the defendant … “If neither source provides relevant caselaw, we consider whether ‘a robust consensus of cases of persuasive authority in the Court of Appeals could clearly establish a right for purposes of qualified immunity.’ Id.

Brent Jacoby v. Baldwin County

835 F.3d 1338 · Court of Appeals for the Eleventh Circuit · Aug 29, 2016

“In this [C]ircuit, the law can be ‘clearly established’ for qualified immunity purposes only by decisions of the U.S. … And Magluta looked to Hewitt to determine whether the liberty interest was clearly established for the purposes of the defendants’ qualified-immunity claim. See id. at 1283–84.

Wilcox v. Batiste

360 F. Supp. 3d 1112 · District Court, E.D. Washington · Dec 21, 2018

Qualified Immunity The parties also dispute whether Chief Batiste is entitled to qualified immunity from monetary damages. 3 ECF No. 35 at 9; ECF No. 56 at 14. … The Court begins by assessing whether the right that Chief Batiste is alleged to have violated is clearly established. *1124 A right from a federal statute or the constitution is clearly established when a reasonable official

Ballard v. Cope

District Court, E.D. Kentucky · Feb 1, 2023

Qualified Immunity and Qualified Official Immunity Defendants also argue that Cope is protected from Ballard’s federal claims by qualified immunity and from Ballard’s state law claims by … Kentucky’s qualified official immunity doctrine.

Michael Smith v. Yates

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

See Ashcroft v. al-Kidd, 563 U.S. 731, 735 (2011) (explaining two-part test for qualified immunity); Hines v. … Youseff, 914 F.3d 1218, 1229-30 (9th Cir. 2019) (existing Valley Fever cases did not clearly establish a “right to be free from heightened exposure to Valley Fever spores”).

Smith v. BRT

363 Ark. 126 · Supreme Court of Arkansas · Jun 30, 2005

Under that analysis, 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, … qualified immunity under Ark.

John Dobosz v. Joseph A. Walsh

892 F.2d 1135 · Court of Appeals for the Second Circuit · Dec 28, 1989

We believe that with regard to the due process claim relating to the suspension, Walsh did not violate any clearly established law. … Walsh is not entitled to qualified immunity with respect to this claim.

Cody Walton v. Robert Dawson

752 F.3d 1109 · Court of Appeals for the Eighth Circuit · May 20, 2014

law relating to qualified immunity.’ ” Lockridge v. … ; and (2) the right was clearly established at the time of the deprivation.”