Case law

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

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.

Picatti v. Miner

165 Idaho 611 · Idaho Supreme Court · Sep 10, 2019

rules that were clearly established at the time it was taken.” … Nevertheless, despite the need for a jury in this bifurcated process, the ultimate legal questions of clearly established rights, potential violations of those rights, and entitlement to qualified immunity must remain in

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.

Williams v. Mississippi Department of Public Safety

District Court, S.D. Mississippi · Jul 7, 2025

Reaching only the first element, the Court finds Williams has not sufficiently rebutted qualified immunity “by establishing that [Tindell’s] allegedly wrongful conduct violated clearly established law.” , 117 F.3d … Reaching only the first element, the Court finds Williams has not sufficiently rebutted qualified immunity “by establishing that [Tindell’s] allegedly wrongful conduct violated clearly established law.” , 117 F.3d at 872

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

Thomas Cress v. Carmen Palmer, Warden, Riverside Correctional Facility

484 F.3d 844 · Court of Appeals for the Sixth Circuit · Apr 5, 2007

The district court concluded that because the Supreme Court has not clearly established that post-conviction destruction is a due process violation, the petitioner’s claim in this regard could was not cognizable on federal … Clearly, it is a burden that the petitioner in this case has not been able to carry successfully. III.

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

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.”).

Doe v. Ohio State University

219 F. Supp. 3d 645 · District Court, S.D. Ohio · Nov 7, 2016

The Court “review[s] an assertion of qualified immunity to determine only whether the complaint ‘adequately alleges the commission of acts that violated clearly established law.’ ” Back v. … Majarian is entitled to qualified immunity because Doe has stated no specific allegations that Majarian violated clearly established law by failing to disclose key impeachment evidence.

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

Fordyce v. City of Seattle

55 F.3d 436 · Court of Appeals for the Ninth Circuit · May 16, 1995

As to the § 1983 claims stemming from Fordyce’s arrest, we agree with the district court that the officers are entitled to qualified immunity from suit for damages. Act Up!/Portland v. … Accordingly, all the individual police officer defendants are entitled to qualified immunity with respect to Fordyee’s § 1983 damages claims relating to his arrest.

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.

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.

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.

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

Griffin v. Mortier

District Court, W.D. North Carolina · May 13, 2022

Purnell, 652 F.3d 524, 531 (4th Cir. 2011) (en banc) (“Qualified immunity protects officers who commit constitutional violations but who, in light of clearly established law, could reasonably believe that their … right and (2) ‘whether that right was clearly established at the time of the alleged violation.’”).

Howlett v. Warren, City of

District Court, E.D. Michigan · Sep 16, 2019

Qualified immunity protects state actors from liability unless they violate “clearly established” federal law at the time they acted. Harlow v. Fitzgerald, 457 U.S. 800, 818 (1982). … Taking the second qualified immunity question first, Plaintiff had a clearly established constitutional right under the Equal Protection Clause not to be discriminated against by the City on the basis of race

Jack Harris, II v. City of Roseburg, Municipal Corporation, John Miller and Les Bergman

664 F.2d 1121 · Court of Appeals for the Ninth Circuit · Dec 28, 1981

Strickland, 420 U.S. 308, 321-22 , 95 S.Ct. 992, 1000-1001 , 43 L.Ed.2d 214 (1975), the Court held that the qualified immunity granted to public officials requires elements of both “objective” and “subjective” good faith. … Strickland rule, the immunity defense would be unavailing to petitioners if the constitutional right allegedly infringed by them was clearly established at the time of their challenged conduct, if they knew or should have