Case law

Hughes v. City of Houston

District Court, S.D. Texas · Nov 10, 2022

of qualified immunity. … The opinion further notes that qualified immunity should have been granted even if a constitutional violation had been pled because (1) “much more is needed” to demonstrate a clearly established law than for a court to

Tucker v. Resha

610 So. 2d 460 · District Court of Appeal of Florida · Dec 30, 1992

Tucker asserted a claim of qualified immunity, which shields from civil liability those governmental officials performing discretionary functions, to the extent "their conduct does not violate clearly established statutory … The "objective reasonableness of an official's conduct" relating to the clearly established law is the proper standard, for "[i]f the law was clearly established, the immunity defense ordinarily should fail, since a reasonably

Lee v. Denver Public Schools

District Court, D. Colorado · Oct 6, 2022

Qualified Immunity Qualified immunity is a question of law, although disputes of fact that necessarily inform the qualified immunity analysis may go to a jury. Maestas v. … City of Las Cruces, 584 F.3d 888, 895–902 (10th Cir. 2009) (qualified immunity unavailable at summary judgment where the plaintiff's version of the facts, if believed, would constitute a violation of a clearly established

Daniel Jackson v. Shawn Curry

888 F.3d 259 · Court of Appeals for the Seventh Circuit · Apr 19, 2018

That decision itself does not involve a pure legal issue regarding qualified immunity, i.e., whether the officers violated Jackson’s clearly established constitutional rights. … plausibly violated clearly established rights.

Arneson v. Jezwinski

225 Wis. 2d 371 · Wisconsin Supreme Court · May 5, 1999

In its decision, the circuit court identified the rule governing its qualified immunity inquiry: the defendants are entitled to qualified immunity unless the plaintiffs rights were clearly established in the law, such that … a defense of qualified immunity. ¶ 29.

Hess v. West Virginia Division of Corrections

227 W. Va. 15 · West Virginia Supreme Court · Nov 23, 2010

The one difference in [qualified] immunity cases is that the official’s act must be shown to have violated clearly established law of which a reasonable person would have known.” … Va.Code, 29-12A-1, et seq., is entitled to qualified immunity from personal liability for official acts if the involved conduct did not violate clearly established laws of which a reasonable official would have known.

Kyle Petersen v. Anthony Sims, Jr.

Court of Appeals for the Ninth Circuit · Aug 18, 2023

The district court properly dismissed Petersen’s action on the basis of qualified immunity because defendants’ conduct did not violate clearly established constitutional rights. See Pearson v. … Callahan, 555 U.S. 223, 232 (2009) (government officials are entitled to qualified immunity where there is no violation of plaintiff’s constitutional right or the right at issue was not “clearly established” at the time

Hope v. Pelzer

536 U.S. 730 · Supreme Court of the United States · Jun 27, 2002

The Court of Appeals had assumed that the defendant in a criminal case was entitled to a degree of notice “ ‘substantially higher than the “clearly established” standard used to judge qualified immunity’ ” in civil cases … “[T]he object of the ‘clearly established’ immunity standard is not different from that of ‘fair warning’ as it relates to law ‘made specific’ for the purpose of validly applying § 242.

Perkins

District Court, M.D. Alabama · Feb 17, 2026

Qualified Immunity Qualified immunity shields government officials from personal liability “for civil damages insofar as their conduct does not violate clearly established … allege a violation of clearly established law.”

Millender v. County of L.A.

Court of Appeals for the Ninth Circuit · May 6, 2009

Katz, 533 U.S. 194, outlined a two-step approach to qualified immunity. … I would affirm the district court’s denial of qualified immunity, and I respectfully dissent.

Fleming v. City of Bridgeport

284 Conn. 502 · Supreme Court of Connecticut · Dec 4, 2007

clearly established law or (2) it was objectively reasonable for him to believe that his actions did not violate clearly established law.” … The plaintiff contends that the municipal defendants are not entitled to qualified immunity because they violated clearly established law under the fourth amendment when they effected an unlawful seizure of her property by

Morden v. Grand Traverse County

275 Mich. App. 325 · Michigan Court of Appeals · Aug 29, 2007

established at the time, so qualified immunity applied to damages claim). … Because there was no court precedent predating Conlon’s actions that clearly established that such actions by a psychiatrist constitute deliberate indifference, we find that Conlon was cloaked with qualified immunity for

(PC) Williams v. Pilkerten

District Court, E.D. California · May 13, 2020

Qualified 19 immunity shields government officials from civil damages unless their conduct violates “clearly 20 established statutory or constitutional rights of which a reasonable person would have known.” 21 Harlow … right, and if so, whether 28 the right was clearly established.

Georgia Carry Org, Inc. v. Brian Kabler

580 F. App'x 695 · Court of Appeals for the Eleventh Circuit · Aug 29, 2014

However, because Kabler was a government official acting within his discretionary authority, we must view this question through the lens of the qualified-immunity doctrine, which immunizes such a government official from … liability unless his conduct violates clearly-established 4  Case: 14-11225 Date Filed: 08/29/2014 Page: 5 of 8 federal law.

Clifford J Ochser v. Gerard funk/anthony Cruz

228 Ariz. 365 · Arizona Supreme Court · Dec 21, 2011

Although we hold that Ochser’s arrest was an unreasonable seizure prohibited by the Fourth Amendment, we conclude that the deputies are entitled to qualified immunity because then-existing law did not clearly establish … Clearly Established Law ¶26 We now turn to the second step of the qualified- immunity analysis — whether the right was clearly established at the time of Ochser’s arrest.

Raden v. Fleming

District Court, M.D. Alabama · Sep 19, 2025

Qualified immunity protects government officials from suit when they perform “discretionary functions” and “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … the Defendants are entitled to qualified immunity.

Barnhill v. Board of Regents of the UW System

166 Wis. 2d 395 · Wisconsin Supreme Court · Feb 12, 1992

From Anderson , we glean several guidelines concerning the level of generality afforded to "clearly established law" in the qualified immunity determination. … Merely alleging a general violation of a right that may be clearly established by the constitution or a statute is insufficient clarity of established law to justify withholding qualified immunity.

Rosenberger v. Kootenai County Sheriff's Department

140 Idaho 853 · Idaho Supreme Court · Dec 17, 2004

If A Constitutional Right Was Arguably Violated, The Right Was Not Clearly Established. … based on qualified immunity is proper.

Burkhart v. Saxbe

596 F. Supp. 96 · District Court, E.D. Pennsylvania · Aug 22, 1984

Whether an official may prevail in his qualified immunity defense depends upon the “objective reasonableness of [his] conduct as measured by reference to clearly established law.” ... … No other “circumstances” are relevant to the issue of qualified immunity. We conclude that the District Court correctly held that appellee has demonstrated no violation of his clearly established constitutional rights.

Williams v. The City of Jackson

District Court, S.D. Mississippi · Sep 29, 2021

that defeat a qualified[-]immunity defense with equal specificity.” … that the law is clearly established”).