Case law

Krites v. Wayne County Schools Career Center Board of Education

District Court, N.D. Ohio · Mar 30, 2023

“To avoid the shield of qualified immunity, a plaintiff must properly plead ‘facts showing (1) that the official violated a statutory or constitutional right, and (2) that the right was clearly established at the time of … Defendants assert that Defendant Crain4 “is entitled to qualified immunity from suit because Plaintiff failed to establish that her due process rights were violated.”

Dillon Burnett v. Josh Griffith

Court of Appeals for the Sixth Circuit · May 12, 2022

Whether Sergeant Griffith is entitled to qualified immunity as a matter of law Qualified immunity shields government officials from civil-damages liability for violations of “clearly established statutory or constitutional … established” prong of the qualified-immunity analysis.

Conlin v. Colvin

111 F. Supp. 3d 376 · District Court, W.D. New York · Jun 29, 2015

She noted that N.T.C.B. had problems speaking clearly. (Tr. 169). … It is well established *387 that teacher questionnaires are considered valid “other source” opinions. See Hart, 2014 WL 916747 , at *5; Spruill ex rel. J.T. v.

Bisbal-Ramos v. City of Mayagüez

467 F.3d 16 · Court of Appeals for the First Circuit · Oct 11, 2006

A public officer is not entitled to qualified immunity if he violated a plaintiff's constitutional right and if, at the time of the violation, the right was so clearly established that it would have been clear to a reasonable … It was clearly established by Branti v.

Sreeram v. Louisiana State University Medical Center-Shreveport

188 F.3d 314 · Court of Appeals for the Fifth Circuit · Sep 16, 1999

The district court found that the record overwhelmingly established that Dr. Sreeram was not qualified to continue as a third year resident and was therefore unable to establish a prima facie case of discrimination. … Sreer-am failed to establish a prima facie case of sex and/or national origin discrimination because she failed to establish that she was qualified for the position in question at all relevant times.

KEITH v. VANDINE

District Court, S.D. Indiana · Aug 22, 2022

Callahan, 555 U.S. 223, 236 (2009) ("[C]ourts may grant qualified immunity on the ground that a purported right was not 'clearly established' by prior case law, without resolving the often more difficult question whether … "Qualified immunity attaches when an official's conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known." White v.

Latonya Burton v. West Virginia Division of Corrections and John and Jane Does

Intermediate Court of Appeals of West Virginia · Jun 27, 2025

Burton failed to plead that the respondents were in violation of a clearly established right. … The question as to whether an employee was acting within the scope of their employment relates to qualified immunity as follows: If the plaintiff identifies a clearly established right or law which has been

Marshall v. County of San Diego

238 Cal. App. 4th 1095 · California Court of Appeal · Jul 22, 2015

The defense of qualified immunity "A government official sued under [section] 1983 is entitled to qualified immunity unless the official violated a statutory or constitutional right that was clearly established … immunity unless they violated a "clearly established" constitutional right.

Carr v. Scandrett

District Court, N.D. Georgia · Jul 30, 2025

“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 … However, general propositions may still be used to defeat qualified immunity in rare cases. , 843 F.3d at 484 (explaining that “a plaintiff may rely on a broader, clearly established principle that should control the

Kelly McSean v. Chris Chamberlain

Court of Appeals for the Eighth Circuit · Aug 14, 2024

Foote, 782 F.3d 968, 969-70 (8th Cir. 2015) (complaint may be sua sponte dismissed on preservice screening based on qualified-immunity defense if it is established on face of complaint); cf. … Beard, 97 F.4th at 1115-16 (affirming denial of qualified immunity on unreasonable-search claim because it was clearly established that a degrading, humiliating, or abusive strip search of an arrestee violated the Fourth

Rick Plemmons v. J.T. Roberts, Pulaski County Sheriff the County of Pulaski, Missouri Ronald Jones Michael Gibbens

439 F.3d 818 · Court of Appeals for the Eighth Circuit · Mar 3, 2006

The doctrine of qualified immunity protects governmental officials from civil liability when “ ‘their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have … was one of clearly established law.

Nelson v. City of Albuquerque

283 F. Supp. 3d 1048 · District Court, D. New Mexico · Oct 20, 2017

Clearly Established Rights in the Qualified Immunity Analysis. … Additionally, Judge Black clearly erred by ruling that qualified immunity did not apply, because the law was not clearly established. 36 A.

Gala v. The City of New York

District Court, E.D. New York · Mar 11, 2021

“[E]ven where the law is ‘clearly established’ and the scope of an official’s permissible conduct is ‘clearly defined,’ the qualified immunity defense also protects an official if it was ‘objectively reasonable’ for him … Instead, “[a] defendant pleading qualified immunity on a motion to dismiss is entitled to prevail if the allegations in the complaint fail to ‘state a claim of violation of clearly established law.’” McEvoy v.

Jorge Rico v. Clark Ducart

980 F.3d 1292 · Court of Appeals for the Ninth Circuit · Nov 20, 2020

the Guard One system. 7 The district court denied qualified immunity to the remaining nine defendants, finding that Rico had a clearly established right to be free from sleep deprivation caused by excessive noise. … a clearly established right.

Jones v. Treubig

963 F.3d 214 · Court of Appeals for the Second Circuit · Jun 26, 2020

The Qualified Immunity Standard Qualified immunity protects government officials from civil damages liability “insofar as their conduct does not violate clearly established statutory or constitutional rights of which … Notwithstanding that the focus of this appeal is the use of a taser, not pepper spray, we have warned that “[a]n officer is not entitled to qualified immunity on the grounds that the law is not clearly established every

Brown v. Venable

District Court, S.D. Ohio · Aug 27, 2019

Under the doctrine of qualified immunity, “‘government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory … City of Troy, 247 F.3d 633, 641 (6th Cir. 2001) (“This circuit has held that the right to be free from excessive force . . . is a clearly established right for purposes of the qualified immunity analysis.”).

United States v. Howard Taylor

728 F.2d 930 · Court of Appeals for the Seventh Circuit · Apr 12, 1984

Because this testimony clearly indicated to the jury that the bank was federally insured on August 7, 1981, the date of the robbery, it satisfied the proof requirement established in Shively and Knop . … a defense witness was clearly dictum. 6 .

Hutchison v. City of Huntington

198 W. Va. 139 · West Virginia Supreme Court · Nov 15, 1996

in light of clearly established law, to a given (for purposes of appeal) set of facts. … When dealing with hroad rights, the plaintiff bears the burden of particularizing such a right before those rights are subject to the qualified immunity test of being clearly established.

Pachote v. County of Contra Costa

District Court, N.D. California · Nov 3, 2023

Qualified Immunity. 20 Nelson and Thomas also contend that they are entitled to qualified immunity on Pachote’s 21 Section 1983 claims. … The doctrine of “qualified immunity shields individual officers from 22 liability for civil damages insofar as their conduct did not violate clearly established constitutional 23 rights of which a reasonable person

Ochser v. Funk

225 Ariz. 484 · Court of Appeals of Arizona · Sep 28, 2010

Qualified immunity protects government officials from civil liability if a reasonable government official could have believed his actions to be lawful, in the light of clearly established law and the information he possessed … Officials are entitled to the protections of qualified immunity, unless “the law clearly proscribed the actions” that were taken. Mitchell v.