Case law
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Robert Tolan v. Jeffrey Cotton
713 F.3d 299 · Court of Appeals for the Fifth Circuit · Apr 26, 2013
“The second prong of the qualified immunity test is [] understood as two separate inquiries: whether the allegedly violated constitutional rights were clearly established at the time of the incident; and, if so, … clearly- established law.
Reversed on other grounds by Tolan v. Cotton, 134 S. Ct. 1861 (2014)Cited 17 timesPublished117 N.M. 95 · New Mexico Court of Appeals · Nov 22, 1993
QUALIFIED IMMUNITY Government officials are entitled to summary judgment on the ground of qualified immunity, provided that their actions are objectively reasonable in the light of clearly established law. Harlow v. … We first note that the allegedly violated law that must be clearly established in the context of a qualified-immunity analysis is federal law, not state law. Estate of Himelstein v.
Cited 21 timesPublished276 Wis. 2d 679 · Court of Appeals of Wisconsin · Sep 16, 2004
given right was clearly established." … clearly established.
Cited 2 timesPublishedDistrict Court, S.D. Ohio · Dec 12, 2024
“To show that the official violated a ‘clearly established’ right, the plaintiff must ‘define with specificity the clearly established legal rule that the officers allegedly violated.’” Paul v. Whitley Cnty. Det. … In response to Defendant’s claim to qualified immunity, Plaintiff cites no case law that would tend to show Dunaway violated Plaintiff’s clearly established right to not be handcuffed like he was.
Cited 0 timesUnknown165 Vt. 515 · Supreme Court of Vermont · Oct 18, 1996
They also argued that their actions were protected by qualified immunity. … Based on an objective standard, defendants did not violate any clearly established rights of plaintiff.
Cited 41 timesPublishedErika Mabes v. Shannon Thompson
136 F.4th 697 · Court of Appeals for the Seventh Circuit · Apr 28, 2025
Both sets of defendants invoked qual- ified immunity, contending that their actions did not violate the Mabeses’ clearly established rights. … Thompson’s en- titlement to qualified immunity naturally follows from the Mabeses’ failure to carry their “burden of demonstrating the violation of a clearly established right.” Forman v.
Cited 16 timesPublishedGeraldine Nicholson v. Miguel Gutierrez
935 F.3d 685 · Court of Appeals for the Ninth Circuit · Aug 21, 2019
Once a defendant has raised qualified immunity as a defense to a claim, a plaintiff must show “(1) that the right was violated; and (2) that the right was clearly established at the time of the alleged misconduct.” … Even if a constitutional violation occurred, qualified immunity nevertheless applies unless the violation was clearly established.
Cited 116 timesPublished286 Neb. 532 · Nebraska Supreme Court · Sep 6, 2013
Whether a state official should pre- vail in a qualified immunity defense depends upon the objective reasonableness of his or her conduct as measured by reference to clearly established law. 26. … Qualified immunity shields state officials in their individual capacities from civil damages if their conduct did not violate a clearly established statutory or constitutional right of which a reasonable person would have
Cited 6 timesPublished37 F.4th 278 · Court of Appeals for the Fifth Circuit · Jun 16, 2022
Qualified immunity allows law enforcement officers to avoid personal liability and the burdens of defending suit unless their conduct violates a clearly established constitutional right. … “Because nonprecedential opinions do not establish any binding law for the circuit, they cannot be the source of clearly established law for qualified immunity analysis.” Marks v.
Cited 58 timesPublishedJARVIS BY AND THROUGH JARVIS v. Deyoe
18 Brief Times Rptr. 1399 · Colorado Court of Appeals · Aug 11, 1994
protected by qualified immunity. … However, in evaluating a claim of qualified immunity, “determining whether a right is clearly established requires a specific inquiry, not a general inquiry based on abstract rights.” Moody v.
Cited 11 timesPublishedDistrict Court, E.D. Michigan · Jun 11, 2025
The Sixth Circuit panel went on to hold that Plaintiff overcame Defendant’s qualified immunity defense, because it is clearly established that an individual must have a hearing before being deprived of a significant … Violation of Clearly Established Constitutional Rights Defendant asserts that he is entitled to qualified immunity.
Cited 0 timesUnknownLeslie Atkinson v. Brent Godfrey
100 F.4th 498 · Court of Appeals for the Fourth Circuit · May 2, 2024
Under that prong, an officer is entitled to qualified immunity if, at the time of the challenged conduct, the law did not clearly establish that the officer’s conduct was unconstitutional. … Instead, under prong two of the qualified immunity analysis, we held that the constitutional rights Atkinson claimed Godfrey violated were not clearly established at the time of Godfrey’s conduct.
Cited 36 timesPublished998 F.3d 165 · Court of Appeals for the Fifth Circuit · May 18, 2021
The doctrine of qualified immunity protects public officials from suit and liability for damages under § 1983 unless their conduct violates a clearly established constitutional right. Mace v. … This is true “even when . . . a court decides only the clearly-established prong of the [qualified immunity] standard.” Tolan v. Cotton, 572 U.S. 650, 657 (2014).
Cited 90 timesPublished154 F.3d 269 · Court of Appeals for the Fifth Circuit · Sep 21, 1998
infringed was “clearly established];.]” 516 U.S. at 312-313 , 116 S.Ct. 834 (citations omitted). … Next, even if a public official’s conduct has violated a clearly established constitutional right, the official is nonetheless entitled to qualified immunity if his or her conduct was objectively reasonable. Id.
Cited 37 timesPublishedKevin Laury v. Matthew Rodriguez
659 F. App'x 837 · Court of Appeals for the Sixth Circuit · Aug 25, 2016
Actions on the Ground Price’s actions following the initial takedown are similarly not entitled to qualified immunity. … show that there was a constitutional violation and that the right at issue was clearly established.
Cited 22 timesUnpublished551 F. Supp. 1247 · District Court, E.D. Pennsylvania · Nov 12, 1982
If the law was clearly established, the immunity defense ordinarily should fail, since a reasonably competent public official should know the law governing his conduct. … Under the Harlow standard, a government official is immune from suit if the law was not clearly established at the time of the official’s allegedly wrongful conduct.
Cited 16 timesPublishedDistrict Court, N.D. California · Apr 13, 2020
A court considering a claim of 8 qualified immunity must determine whether the plaintiff has alleged the deprivation of an actual 9 constitutional right and whether such right was clearly established, such that it would … Even if the 17 allegations of the complaint are sufficient to state a claim for violation of § 5301, defendants are 18 entitled to qualified immunity because of the lack of clearly established law. 19 In Nelson
Cited 0 timesUnknownThe Estate of Marquette F. Cummings Jr. v. Warden Carter Davenport
906 F.3d 934 · Court of Appeals for the Eleventh Circuit · Oct 2, 2018
And he maintained that no authority clearly established that Davenport’s actions were unconstitutional. … On the contrary, the Court has explained that “[t]he conception animating the qualified immunity doctrine . . . is that ‘where an official’s duties legitimately require action in which clearly established rights are not
Cited 97 timesPublished2 F. Supp. 2d 1268 · District Court, C.D. California · May 15, 1998
(2) Was such right clearly established at the time of the alleged offense? (3) If there is a clearly established right, is the issue of qualified immunity [ ] properly addressed in a motion for summary judgment? … Under the two-part test, there'is qualified immunity if: (1) the law governing the official’s conduct was “clearly established;” and (2) under that “clearly established” law, a reasonable officer could have believed that
Reversed on other grounds by Lisa's Party City, Inc. v. Town of Henrietta, 185 F.3d 12 (1999)Cited 7 timesPublished217 F.3d 332 · Court of Appeals for the Fifth Circuit · Jun 30, 2000
immunity grounds, claiming that his conduct did not violate any of Plaintiffs’ clearly established constitutional or statutory rights. … Equal Protection The first step in qualified immunity analysis is to determine whether the plaintiff has alleged a “violation of a clearly established constitutional right.” Hare v.
Cited 54 timesPublished
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