Case law

McGarry v. Bd. of Cnty. Commissioners for the Cnty. of Lincoln

294 F. Supp. 3d 1170 · District Court, D. New Mexico · Feb 28, 2018

The Court concludes that: (i) Wood used excessive force, but he is entitled to qualified immunity, because the right was not clearly established; (ii) the Officers are entitled to qualified immunity on the malicious prosecution … Although the Tenth Circuit has recognized a sliding scale for qualified immunity's clearly established inquiry, see Casey v.

Joshua, Jimmie v. Wachholz, Isaac

District Court, W.D. Wisconsin · Apr 21, 2023

All defendants now seek summary judgment on the merits of these claims, or alternatively, on their entitlement to qualified immunity. (Dkt. #25.) … Biggs, 43 F.4th 732, 736 (7th Cir. 2022) (dismissing interlocutory appeal of denial of qualified immunity because factual disputes precluded district court from determining whether defendant violated clearly established

Barnes v. Harling

368 F. Supp. 3d 573 · District Court, W.D. New York · Mar 18, 2019

"Qualified immunity insulates public officials from claims for damages where their conduct does not violate 'clearly established statutory or constitutional rights of which a reasonable person would have known.' " Defore … Accordingly, the Court finds the relevant law as to the SHU lighting conditions was not clearly established at the time of Plaintiff's incarceration at the Monroe County Jail, and Defendants are entitled to qualified immunity

Town of Southwest Ranches v. Kalam

980 So. 2d 1121 · District Court of Appeal of Florida · Mar 12, 2008

a clearly established right). … As Kalam’s complaint fails to show that the town officials’ conduct violated his rights in light of clearly established law, the individual defendants are entitled to qualified immunity from suit.

Adamo v. Dillon

900 F. Supp. 2d 499 · District Court, M.D. Pennsylvania · Oct 16, 2012

Defendant Dillon is entitled to Qualified Immunity because it is not clearly established that failing to hold a pre-ejection hearing [for Adamo] is a deprivation of Due Process. 15. … Defendant Dillon is entitled to Qualified Immunity because it is not clearly established that failing to hold a pre-ejection hearing [for Gill] is a deprivation of due process. 23.

Crystal Starnes v. Butler County Court of Common

971 F.3d 416 · Court of Appeals for the Third Circuit · Aug 24, 2020

s] of Appeals could clearly establish a right for purposes of qualified immunity.” … The District Court defined the violative conduct too broadly for qualified immunity purposes. al-Kidd, 563 U.S. at 742 (warning courts not to define clearly established law at “a high level of generality”).

Quinn v. Cardenas

256 Ariz. 77 · Court of Appeals of Arizona · Aug 1, 2023

¶37 Both federal and state qualified immunity require an analysis of whether Cardenas violated established law or unreasonably disregarded the unlawful nature of his conduct. … Those same conclusions—that Cardenas acted as a reasonable officer would and did not violate clearly established law—preclude the opposite finding in state court (i.e., a finding that Cardenas violated established law and

Brown v. Meda

74 Md. App. 331 · Court of Special Appeals of Maryland · Jun 24, 1988

[emphasis added, bracketed material in original] As was clearly stated by the Court in Moore v. … The emphasized portion of that statement is simply another way of saying that, in a case involving complex medical procedures or the exercise of professional skill and judgment, a jury is not qualified to determine whether

Lowe v. Raemisch

864 F.3d 1205 · Court of Appeals for the Tenth Circuit · Jul 25, 2017

Even with this assumption, the two officials would enjoy qualified immunity unless the denial of outdoor exercise for two years and one month had violated a clearly established constitutional right. … established and the defendants are entitled to qualified immunity. d.

Cunningham ex rel Gaines v. Baltimore Cnty.

Court of Appeals of Maryland · Jun 25, 2024

Because the law was not clearly established at the time, qualified immunity is proper. … Alternatively, the Defendants argued that Corporal Ruby was entitled to qualified immunity because he did not violate clearly established law.

Lyons v. City of Lewiston

666 A.2d 95 · Supreme Judicial Court of Maine · Oct 19, 1995

“The two-part test for denial of qualified immunity is (1) whether the plaintiffs constitutional rights were violated, and (2) whether those rights were so clearly established that reasonable defendants would have known that … As we have recently stated, The application of the qualified immunity doctrine turns on the “objective legal reasonableness” of the official’s action viewed in fight of the “clearly established” legal rules at the time the

Carrera v. Yepez

6 S.W.3d 654 · Texas Court of Appeals, 8th District (El Paso) · Oct 28, 1999

Since qualified immunity turns on whether a defendant violated a clearly established right, a ‘necessary concomitant’ to that decision is determining ‘whether the plaintiff has asserted a violation of a constitutional right … WERE THE CONSTITUTIONAL STANDARDS CLEARLY ESTABLISHED?

Morant v. New Haven

District Court, D. Connecticut · Oct 3, 2025

“Even in the absence of probable cause, a police officer is entitled to qualified immunity where (1) [his] conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would … See Weaver, 40 F.3d at 536–37 (recognizing that it was “clearly established [as early as] 1989 that police could not lawfully coerce incriminating statements from an in-person criminal suspect” and denying qualified immunity

Sossamon v. Lone Star St Texas

Court of Appeals for the Fifth Circuit · Mar 17, 2009

As for the individual-capacity claims for damages under the First Amendment, we note that the defendants who Sossamon sued enjoy qualified immunity as government actors.76 Whether Sossamon could establish a violation of the … Pelletier, 516 U.S. 299, 205-06 (1996) (“[T]he qualified immunity defense shield[s] [government agents] from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional

Antonio v. Board of County Commissioners for the County of Cibola

District Court, D. New Mexico · Sep 2, 2020

Although this determination ends the qualified immunity analysis in favor of Defendants Lucero and Hildenbrant, the Court also will examine whether Plaintiff meets the second qualified immunity prong, the “clearly established … For the above reasons, the Court determines that Plaintiff has not demonstrated that she meets the clearly established right requirement, the second qualified immunity prong, necessary to defeat qualified immunity.

Abell v. Dewey

870 P.2d 363 · Wyoming Supreme Court · Mar 15, 1994

The Court erroneously applied the law of qualified immunity, i.e. the law was not clearly established in 1990 that a state probationary employee had a property interest in continued employment, and Ap-pellee Dewey is therefore … Once a government *368 official asserts qualified immunity, the plaintiff in an action under 42 U.S.C.S. § 1983 bears the initial burden of convincing the court that the constitutional right was clearly established.

Mary E. Walters v. Paul Freeman

572 F. App'x 723 · Court of Appeals for the Eleventh Circuit · Jul 16, 2014

Towards that end, qualified immunity protects government officials engaged in discretionary functions and sued in their individual capacities unless they “violate[] clearly established federal statutory or constitutional … Because the facts, viewed in the light most favorable to Walters, demonstrate that Freeman violated her clearly established constitutional rights, the district court properly denied qualified immunity to Freeman.

Boyle v. Patridge

District Court, N.D. Illinois · Feb 21, 2020

“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. Pauly, --- U.S. ----, 137 S. … Minchuk, 910 F.3d 909, 918 (7th Cir. 2018) (“[A] dispute of fact regarding the circumstances surrounding an officer’s use of force may prevent us from determining whether an individual’s clearly established rights have

Finch v. Wemlinger

361 N.W.2d 865 · Supreme Court of Minnesota · Feb 8, 1985

Because the right was not “clearly established” on that date; and since the federal doctrine of qualified immunity was applicable, see Finch v. Wemlinger, 310 N.W.2d 66, 70 (1981); under Harlow v. … Examination of these cases demonstrates clearly that Harlow fundamentally changed the prior law by abolishing the subjective element of the qualified immunity test. See also, Davis v.

Maini v. Town of Norton

District Court, D. Massachusetts · Aug 28, 2023

Katz, 533 U.S. 194 (2001), a qualified immunity case involving allegations of the excessive use of force in restraining an unruly crowd of demonstrators protesting an appearance by the Vice President, the Supreme Court … Isbell, 207 F.3d 1253, 1257 (11th Cir. 2000) (trial court erred in refusing to grant qualified immunity where plaintiff despite being held against a van in a knee hold while being handcuffed could point to nothing more