Case law

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.”

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.

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.’

Gonzales v. Jeri Bolton

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.’”

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.

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.

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”).

Davis v. State

902 N.W.2d 165 · Nebraska Supreme Court · Oct 6, 2017

To show a clearly established federal right, the U.S. … clearly established at the time of the challenged conduct.140 A court can address the two compo- nents of the qualified immunity analysis in either order.141 139 See Harlow v.

Vickey Horton Tapley v. Darrell Collins

211 F.3d 1210 · Court of Appeals for the Eleventh Circuit · May 5, 2000

Under this common-law defense, public officials sued in their individual capacities are entitled to qualified immunity when their actions do not violate “clearly established statutory or constitutional rights.” … established and deny them qualified immunity when they violate statutory rights that similarly are not clearly established.”

City of Hialeah v. Fernandez

661 So. 2d 335 · District Court of Appeal of Florida · Sep 27, 1995

[FN3] Once the qualified immunity defense is raised, plaintiffs bear the burden of showing that the federal "rights" allegedly violated were "clearly established." … [The officer] is entitled to qualified immunity because it was not clearly established that the amount of force used outside the restaurant was unlawful. Post, 7 F.3d at 1559-60 (citations omitted).

Amore v. Novarro

624 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