Case law

Herndon v. Henderson Police Department

District Court, D. Nevada · Sep 23, 2023

Defendants are nonetheless entitled to 8 qualified immunity because Plaintiff has not demonstrated that the right was clearly 9 established. … to be clearly established.

Tammi Taylor v. Pam Palmer

Court of Appeals for the Eleventh Circuit · Jul 7, 2023

Taylor to overcome the mayor’s qualified immunity by showing (1) that the mayor violated a statutory or constitutional right and (2) that the right was clearly established at the time of the challenged conduct … What matters here is not how this issue would be resolved on the merits but only that the law was not clearly established—so the mayor has qualified immunity.

Goetz v. Noble

652 So. 2d 1203 · District Court of Appeal of Florida · Mar 29, 1995

Qualified immunity affords government officials performing discretionary functions protection from liability under section 1983 where their conduct does not violate what reasonable people would recognize as a clearly established … Harlow 's "clearly established" standard demands that a bright line be crossed.

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.

Allen v. Guerrero

276 Wis. 2d 679 · Court of Appeals of Wisconsin · Sep 16, 2004

given right was clearly established." … clearly established.

Anderson v. City of Hopkins

400 N.W.2d 350 · Court of Appeals of Minnesota · Feb 10, 1987

This appeal is from an order denying summary judgment and rejecting appellants’ qualified immunity defense. … clearly established statutory or constitutional rights of which a reasonable person would have known.

Caprita v. Dunaway

District 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.

Erika 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.

Sabia v. Neville

165 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.

Emmons v. City of Escondido

168 F. Supp. 3d 1265 · District Court, S.D. California · Mar 2, 2016

Qualified Immunity The Supreme Court recently summarized the doctrine of qualified immunity. … conduct is clearly established.”

Clue v. Johnson

179 F.3d 57 · Court of Appeals for the Second Circuit · Jun 10, 1999

“The defense of qualified immunity shields government officials from civil liability if the official’s conduct did not violate constitutional rights that were clearly established at the pertinent time or if it was objectively … Instead, they contend that their activities raise a public concern under clearly established law and that Johnson is therefore not entitled to qualified immunity. See infra.

Geraldine 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.

Michael E. v. State

286 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

Salazar v. Molina

37 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.

JARVIS 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.

STERLING HOTELS, LLC v. MCKAY

District 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.

Tucker v. City of Shreveport

998 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).

Kevin 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.

Torres v. Kernan

District 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

Dora v. Rowe

District Court, N.D. Texas · Mar 24, 2022

Motions on Qualified Immunity Second, the remaining defendants who have already appeared? … See Backe, 691 F.3d at 648 (explaining that “this court has established a careful procedure under which a district court may defer its qualified immunity ruling if further factual development is necessary to ascertain