Case law

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.

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.

Knight v. State of Oklahoma

District Court, N.D. Oklahoma · Apr 12, 2022

Qualified Immunity – Scully and Sugg Defendants Scully and Sugg also have pending a motion to dismiss, making various arguments including that their actions are shielded by qualified immunity. … Jordan, 958 F.2d 332, 336 (10th Cir. 1992) (noting discovery should not be allowed until the court resolves the threshold question of clearly established law).

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.

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 .

City of Highfill, Arkansas; Jeffery Brenaman, in His Official and Individual Capacities; And Mayor Michelle Rieff, in Her Official and Individual Capacities v. Shana Scantlin and Tammy Ridenhour

2025 Ark. App. 242 · Court of Appeals of Arkansas · Apr 23, 2025

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. … Under our qualified-immunity analysis, however, we agree that even if Scantlin and Ridenhour have asserted a violation of a clearly established right under the Act, they have failed to raise a genuine issue of fact as to

Junior v. Reed

693 So. 2d 586 · District Court of Appeal of Florida · Feb 20, 1997

The trial court should have sustained Commissioner Junior's claim of qualified immunity, however, because the conduct forming the basis of the complaint by the Reeds does not amount to a violation of a clearly established … To qualify as a "clearly established" right as that phrase is used in Harlow v.

City of Lakewood v. Brace

20 Brief Times Rptr. 981 · Supreme Court of Colorado · Jun 24, 1996

violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … immunity to appeal a district court’s denial of summary judgment on that defense if the issue on appeal is whether the constitutional right that was allegedly violated was “clearly established.”

Commonwealth v. Robinson

399 Pa. Super. 199 · Supreme Court of Pennsylvania · Nov 5, 1990

Appellant’s second issue relates to the expert testimony offered by the Commonwealth to establish that the drugs possessed by appellant were for delivery to others, rather than for personal use. … If accepted by the jury, as it clearly was, it provided an adequate basis upon which to conclude that the Commonwealth proved the intent to deliver element of the crime charged. Commonwealth v.

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.

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

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.

Price v. Davis

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

, and qualified immunity. … to qualified immunity.

Carter v. Cole

526 N.W.2d 209 · Court of Appeals of Minnesota · Mar 14, 1995

Normally, evaluating a claim of qualified immunity involves two inquiries: (1) “whether the plaintiff has alleged the violation of a clearly established constitutional right”; and (2) whether an officer could reasonably have … Qualified immunity ⅜ * * establishes a right not to be tried. When rules of law clearly establish public officials’ duty, the immunity defense is unavailable.

Cherry Knoll, L.L.C. v. HDR Engineering, Incorpora

922 F.3d 309 · Court of Appeals for the Fifth Circuit · Apr 22, 2019

In response, Jones moved to dismiss on the basis of qualified immunity. … “Qualified immunity shields government officials from liability when they are acting within their discretionary authority and their conduct does not violate clearly established statutory or constitutional law of which a reasonable

Kevin Simmons v. G. Arnett

47 F.4th 927 · Court of Appeals for the Ninth Circuit · Aug 31, 2022

clearly established. … In concluding that Officer Arnett did not violate clearly established law on an incomplete view of the relevant facts, the majority’s approach diverges from the one established by qualified immunity precedent in this circuit

Lawson v. Garcia

912 P.2d 1136 · Wyoming Supreme Court · Mar 15, 1996

Qualified immunity is, of course, an affirmative defense; but once it is raised, the plaintiff has the burden of proving that the federal rights allegedly impaired by the defendant were clearly established at the time the … CONCLUSION Since Garcia failed to demonstrate that Lawson violated a clearly established federal right, Lawson is entitled to invoke the defense of qualified immunity.

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

Alexander Sullivan, in His Individual and Official Capacities; City of Little Rock; And Keith Humphrey, in His Official Capacity as Chief of Police, City of Little Rock Police Department v. Kenneth Richardson

2026 Ark. App. 145 · Court of Appeals of Arkansas · Mar 4, 2026

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 … Qualified Immunity Qualified immunity shields a government official from suit under 42 U.S.C. § 1983 if the official’s conduct does not violate clearly established statutory or constitutional rights of which a reasonable

Treneshia Dukes v. Nicholas Deaton

852 F.3d 1035 · Court of Appeals for the Eleventh Circuit · Jan 26, 2017

Qualified immunity also protects Branham because his subordinate’s constitutional violation was not clearly established. A. Deaton is Entitled to Qualified Immunity. … Branham is entitled to qualified immunity because Deaton’s conduct was not a clearly established violation of the Fourth Amendment.