Case law

Elwood v. County of Rice

423 N.W.2d 671 · Supreme Court of Minnesota · May 6, 1988

The test for immunity became whether the officials’ conduct violated “clearly established statutory or constitutional rights of which a reason *675 able person would have known.” … The court of appeals found the officers were not entitled to qualified immunity because plaintiffs’ rights under the Fourth Amendment were clearly established at the time of the incident. Creighton v. City of St.

In Re Litigation Relating to the Riot of September 22, 1991

283 Mont. 277 · Montana Supreme Court · Jun 24, 1997

There, the federal district court had denied the defendant's motion for summary judgment based on qualified immunity, concluding that the defendant's actions violated clearly established law, and the Third Circuit held … Reiterating the well- established standard of qualified immunity articulated in Harlow v.

Talmadge McDonald Iii, a Minor, by His Mother and Next Friend, Glynis R. McDonald v. Patrick E. Haskins

966 F.2d 292 · Court of Appeals for the Seventh Circuit · Jul 1, 1992

Fitzgerald for determining qualified immunity, see 457 U.S. 800, 819 , 102 S.Ct. 2727, 2738 , 73 L.Ed.2d 396 (Í982) (whether an official is protected by qualified immunity depends upon the “objective legal reasonableness” … We agree with McDonald that Black clearly establishes that the force described in the complaint, if true, was constitutionally proscribed.

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.”

Marques A. Johnson v. James Dunn

83 F.4th 896 · Court of Appeals for the Eleventh Circuit · Oct 2, 2023

Dunn moved to dismiss Count I of both the initial and amended complaints on the ground that the doctrine of qualified immunity immunized him from suit. … established” prong of the qualified immunity analysis, I stop here and conclude that Officer Dunn is entitled to qualified immunity and that we need not address the first prong.

Poole v. Bishop

District Court, D. Maryland · Sep 30, 2019

Qualified Immunity Defendants also argue that they are entitled to qualified immunity from all of Poole’s claims.20 The doctrine of qualified immunity shields government officials … [qualified immunity] is effectively lost if a case is erroneously permitted to go to trial.” 20 Defendants do not argue why they are entitled to qualified immunity on a claim- by-claim basis.

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.

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.

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

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.

Gubitosi v. Kapica

154 F.3d 30 · Court of Appeals for the Second Circuit · Aug 19, 1998

Pelletier, 516 U.S. 299, 309 , 116 S.Ct. 834 , 133 L.Ed.2d 773 (1996)), and proceed to consider whether the qualified immunity defense is established as a matter of law. 4 Here the gravamen of Kapica’s qualified immunity … As a result, his qualified immunity defense is established as a matter of law. (2) Accordingly, we vacate so much of the district court’s order of May 9, 1997 as denied Kapica’s motion for summary judgment based on qualified

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.

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.”).