Case law

Mills 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

McLin v. Trimble

61 O.B.A.J. 1633 · Supreme Court of Oklahoma · Jun 19, 1990

The qualified immunity doctrine may be stated thus: “government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established … The petitioners are immune from suit unless their actions violated clearly established constitutional law. Mitchell v. Forsyth, supra.

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.’

S.M. v. Michael Krigbaum

808 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.

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.’”

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”).

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

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.”).

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.

Sullivan v. Coney

427 S.W.3d 682 · Supreme Court of Arkansas · May 23, 2013

right is clearly established, and (3) raised a genuine issue of fact as to whether the official would have known that the conduct violated that clearly established right. … that his conduct violated that clearly established right.

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

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

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.

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.

Boyle Ventures, LLC v. City of Fayetteville

711 S.W.3d 280 · Supreme Court of Arkansas · May 15, 2025

“A motion for summary judgment based on qualified immunity is precluded only when the plaintiff has asserted a constitutional violation, demonstrated the constitutional right is clearly established and raised a genuine … 21  would have known that the conduct violated that clearly established right.

Penate v. Kaczmarek

District Court, D. Massachusetts · Dec 7, 2018

A defendant is entitled to the protection of qualified immunity when his “conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Kisela v. … Hughes, 138 S.Ct. 1148, 1152 (2018) (holding that qualified immunity protected a police officer in a Fourth Amendment context because the officer’s conduct did not violate clearly established law) (quotations omitted).

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.

KARA B. v. Dane County

205 Wis. 2d 140 · Wisconsin Supreme Court · Nov 25, 1996

Qualified immunity does not protect public officials who have allegedly violated someone's clearly established constitutional right. Anderson v. … established law' in the qualified immunity determination.

Rouse v. Florio

District Court, D. Maryland · Sep 30, 2019

The doctrine of 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 … established at the time for qualified immunity purposes).