Case law

C.F. v. Capistrano Unified School District

656 F. Supp. 2d 1190 · District Court, C.D. California · Sep 15, 2009

established’ to preclude qualified immunity.” … Thus, the doctrine of qualified immunity looks to whether there was a clearly established right in issue.

Lucero v. Mathews

901 P.2d 1115 · Wyoming Supreme Court · Aug 28, 1995

Clearly Established Law Qualified immunity generally shields government officials performing discretionary functions from liability for civil damages when their conduct “ ‘does not violate clearly established statutory or … “In order to find qualified immunity, the objective legal reasonableness of a government official’s conduct is assessed in the light of the clearly established statutory or constitutional rights at the time of the action.

Collvins v. Hackford

523 F. App'x 515 · Court of Appeals for the Tenth Circuit · Apr 3, 2013

To defeat a defense of qualified immunity on summary judgment, however, the plaintiff carries the burden of establishing that the defendant violated a constitutional right which was clearly established. … The district court held that because there is no clearly established law indicating that the delay in Mr. Collvins’ hearing was unconstitutional, he was entitled to qualified immunity. Again, we agree.

Lawson v. S.W.V.R.J.A.

District Court, W.D. Virginia · Feb 3, 2020

Pelzer, 536 U.S. 730, 736 (2002) (“The threshold inquiry a court must undertake in a qualified immunity analysis is whether plaintiff’s allegations, if true, establish a constitutional violation.”) … Furthermore, “[u]nless the plaintiff’s allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery.”

Smith v. Washtenaw Intermediate School District

District Court, E.D. Michigan · Jan 24, 2020

Qualified immunity will apply when the injury Plaintiff alleges is taken by the collective action of Defendants, not individual defendants. See Humphrey v. … Mabry, 482 F.3d 840, 847 (6th Cir. 2007) (individual officers are entitled to qualified immunity even when they collectively had sufficient knowledge to figure out that they were violating the plaintiff’s clearly established

Ana Sandoval v. County of San Diego

985 F.3d 657 · Court of Appeals for the Ninth Circuit · Jan 13, 2021

Because we reversed the district court’s denial of qualified immunity based on the objective elements of clearly established law, we expressly declined to consider, for qualified immunity purposes, how the subjective elements … As the court explained, “we assess qualified immunity based on the law that was ‘clearly established at the time an action occurred,’” and at the time of the shooting in Kedra, “it was not yet clearly established whether

Carla Blake v. Don Lambert

921 F.3d 215 · Court of Appeals for the Fifth Circuit · Apr 5, 2019

The district court denied qualified immunity. … “Once invoked, a plaintiff bears the burden of rebutting qualified immunity by showing two things: (1) that the officials violated a statutory or constitutional right and (2) that the right was ‘clearly established at the

Duarte v. Healy

405 Mass. 43 · Massachusetts Supreme Judicial Court · May 10, 1989

The first was common law immunity, as variously expressed in our cases, and the second was a qualified immunity patterned after Federal qualified immunity under 42 U.S.C. § 1983 . Id. at 35, 38 . … Furthermore, the Supreme Court already had established the basic two-part test for determining to what discretionary functions the doctrine of qualified immunity applies.

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.

Dupree v. Village of Bellwood

District Court, N.D. Illinois · Jul 13, 2022

Even if they did, they maintain that they are entitled to qualified immunity because none of their actions violated clearly established law. … Officers sometimes make mistakes; qualified immunity works to immunize them from damages suits arising from those mistakes so long as there is no transgression of clearly established law.

Konsionowski v. Sikorski

District Court, E.D. Wisconsin · Mar 2, 2022

The Court cannot grant Officer Sikorski qualified immunity if his actions would violate a clearly established constitutional right under either. It has been clearly established since at least Terry v. … Under Nettles-Bey, Officer Sikorski is not entitled to qualified immunity where one view of the disputed facts would result in a violation of a clearly established constitutional right.

Frasier v. Evans

992 F.3d 1003 · Court of Appeals for the Tenth Circuit · Mar 29, 2021

Frasier’s clearly established First Amendment rights—and the district court itself said they did not—then the officers are entitled to qualified immunity. … - established-law component of the qualified-immunity standard.

Donnetta Smith v. Stoneburner

716 F.3d 926 · Court of Appeals for the Sixth Circuit · May 10, 2013

In this qualified immunity case, as in all qualified immunity cases, two questions arise: whether the officers violated the Smiths’ constitutional rights, and if so whether those rights were clearly established at the time … Two appellate decisions, it is true, granted qualified immunity to officers on not- clearly-established grounds, but they each involved a fact pattern at least one prominent step removed from this one. In Malachowski v.

Penterman v. Wisconsin Electric Power Co.

211 Wis. 2d 458 · Wisconsin Supreme Court · Jul 2, 1997

Qualified immunity protects government officials from civil liability if their conduct does not violate a person's clearly established constitutional rights. Harlow v. … Merely alleging a general violation of a right that may be clearly established in the constitution is insufficient to justify withholding qualified immunity. Barnhill, 166 Wis. 2d at 408 .

Sharp v. Liebel

District Court, N.D. Indiana · Sep 13, 2021

He previously only raised a qualified immunity argument on that issue. … The doctrine of qualified immunity protects government officials from liability for civil damages “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable

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.

Gentile v. Bauder

718 So. 2d 781 · Supreme Court of Florida · Sep 24, 1998

Government officials performing discretionary functions are entitled to qualified immunity from civil damages to the extent that "their conduct does not violate clearly established statutory or constitutional rights of which … probable cause under clearly established precedent.

Romero v. Sanchez

119 N.M. 690 · New Mexico Supreme Court · Apr 24, 1995

Believing Officer Sanchez violated clearly established law, we held that he was not entitled to qualified immunity. … The Act was passed prior to the genesis of the modern qualified immunity law established in Harlow.

(PC) Arrant v. Santoro

District Court, E.D. California · Nov 25, 2024

Qualified Immunity 26 The defense of qualified immunity protects “government officials ... from liability for civil 27 damages insofar as their conduct does not violate clearly … A court considering a 5 claim of qualified immunity must determine whether the plaintiff has alleged the deprivation of 6 an actual constitutional right and whether such a right was clearly established such that it would

Price v. Davis

132 N.C. App. 556 · Court of Appeals of North Carolina · Mar 16, 1999

, and qualified immunity. … to qualified immunity.