Case law

Reynaldo Ramirez v. Jim Wells County, Texas

716 F.3d 369 · Court of Appeals for the Fifth Circuit · May 15, 2013

“The doctrine of qualified immunity protects public officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … Because there was no false arrest, no constitutional violation occurred, and, accordingly, we have no occasion to reach the part of the qualified immunity analysis that asks whether the law was clearly established.

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

Longval v. Commissioner of Correction

448 Mass. 412 · Massachusetts Supreme Judicial Court · Feb 23, 2007

immunity, the right *419 must be clearly established at the time of the alleged violation. … immunity was available to the defendants because the law, before our decision in Haverty , was not “clearly established.”

Coleman v. Merritt

District Court, W.D. Washington · Apr 22, 2025

The second step of the qualified immunity analysis provides that defendants are 22 entitled to qualified immunity if their conduct “does not violate clearly established statutory or 23 constitutional rights of which a … Plaintiff bears the burden of proving that the right allegedly violated 2 was clearly established at the time of the violation; if the plaintiff meets this burden, then the 3 defendant bears the burden of establishing

People v. Nicholson

297 Mich. App. 191 · Michigan Court of Appeals · Jun 26, 2012

However, contrary to the parties’ position, we conclude that a person can fail to qualify for immunity from arrest pursuant to § 4(a), but still be entitled to immunity from prosecution or penalty. … This argument is contrary to the plain language of the statute as we have interpreted it, and it is inconsistent with the clearly established law that permits police officers to arrest individuals who commit misdemeanor offenses

Font v. Carr

867 S.W.2d 873 · Texas Court of Appeals, 1st District (Houston) · Dec 16, 1993

Thus, Font must show he established his affirma- *876 five defense of official immunity as a matter of law. Font claimed absolute immunity from the suit and alternatively, qualified immunity. … The threshold question is what must a public official show to establish the defense of qualified immunity. Texas law and federal law differ in this respect.

John Melnik v. James Dzurenda

14 F.4th 981 · Court of Appeals for the Ninth Circuit · Sep 27, 2021

Dissenting, Judge Bennett would hold that defendants were entitled to qualified immunity because they did not violate clearly established law. … Clearly Established Right Defendants in this case focus their challenge to the district court’s denial of qualified immunity on the second prong of the analysis, the “clearly established” element, and on only part of

E. D. v. Daniel Sharkey

928 F.3d 299 · Court of Appeals for the Third Circuit · Jul 1, 2019

Officials demonstrate they are entitled to qualified immunity only if they can show that a reasonable person in their position at the relevant time could have believed, in light of clearly established law, that their conduct … Alleged constitutional right clearly established. We further agree that a detainee's right to be protected by state officials aware of ongoing sexual assault was clearly established at the time of Sharkey's conduct.

Rivers v. Fischer

390 F. App'x 22 · Court of Appeals for the Second Circuit · Aug 13, 2010

A government official is entitled to qualified immunity for his actions unless his conduct violates a clearly established constitutional or statutory right of which a reasonable person would have known. Pearson v. … The Second Circuit has held that a right is “clearly established” for qualified immunity purposes if “(1) the law is defined with reasonable clarity, (2) the Supreme Court or the Second Circuit has recognized the right, and

R.Q. v. West Virginia Division of Corrections

West Virginia Supreme Court · Apr 10, 2015

Therefore, she asserts that D.F. does not enjoy qualified immunity in this matter. … The WVRJCFA argued that the training, supervision, and retention of correctional officers were inherently discretionary acts for which the State enjoys immunity and that A.B. failed to identify a clearly established right

State of New Jersey, by the Commissioner of Transportation v. Cherry Hill Mitsubishi, Inc.

439 N.J. Super. 462 · New Jersey Superior Court Appellate Division · Feb 26, 2015

Turning to the State's assertion of qualified immunity as grounds for dismissal, it is well-established that the doctrine balances the need to hold public officials accountable for improperly … We ask (1) "whether a constitutional right would have been violated on the facts alleged" and (2) "whether the right was clearly established." Saucier, supra, 533 U.S. at 200, 121 S.

Jones v. Norwood

2013 Ohio 350 · Ohio Court of Appeals · Feb 6, 2013

. {¶51} The doctrine of federal qualified immunity shields government officials from civil liability “insofar as their conduct does not violate clearly established statutory or constitutional rights of which … In the context of the qualified-immunity analysis, we affirmed the trial court’s determination that Jones had shown the violation of her clearly established procedural-due-process right to a predeprivation hearing.

Brown v. Montoya

662 F.3d 1152 · Court of Appeals for the Tenth Circuit · Nov 8, 2011

Clearly Established For Mr. Brown to overcome Officer Montoya’s qualified immunity, the procedural due process right must be “clearly established at the time of defendant’s alleged misconduct.” … Because the issue is whether Officer Montoya has qualified immunity, it is sufficient to determine whether the alleged conduct violates a clearly established substantive due process right.15 No clearly established Supreme

Auriemma v. Rice

910 F.2d 1449 · Court of Appeals for the Seventh Circuit · Aug 20, 1990

established and thereby creating a qualified immunity defense. … But in any event it cannot be said that the law was clearly established in 1983. Rice is entitled to qualified immunity on count IV, thus requiring reversal on that count. V.

Jose Peroza-Benitez v. Darren Smith

994 F.3d 157 · Court of Appeals for the Third Circuit · Apr 8, 2021

Haser and Officer White were entitled to qualified immunity because Peroza-Benitez’s constitutional rights at issue were not “clearly established” at the time of the incident. … At summary judgment, the burden is on the officer to establish an entitlement to qualified immunity. Halsey, 750 F.3d at 288.

Murphy v. City of Farmington

District Court, D. New Mexico · May 12, 2021

to qualified immunity. … The officers are entitled to qualified immunity.

State, Department of Health & Social Services, Office of Children's Services v. Doherty

167 P.3d 64 · Alaska Supreme Court · Sep 14, 2007

11 Second, "if so, was that right clearly established?" … . 18 Unlike the test for qualified immunity, the test for a facially valid $ 1983 claim does not require the court to consider whether the constitutional right in question was clearly established or whether a reasonable officer

Morris v. Noe

672 F.3d 1185 · Court of Appeals for the Tenth Circuit · Feb 27, 2012

The second step in our qualified immunity inquiry is whether Morris’s right to be free from an unlawful arrest was clearly established. … Yet even if Noe violated a constitutional right, he is still entitled to qualified immunity if the right was not clearly established at the time.

Eboni Baldwin v. Harris County Sheriff Dept

964 F.3d 320 · Court of Appeals for the Fifth Circuit · Jul 1, 2020

The second prong of the qualified immunity analysis asks whether the detainee’s right to treatment for serious medical needs was “clearly established” such that every “reasonable official would understand that what [she] … a triable material issue concerning a violation of a constitutional right or law clearly establishing that Dorsey’s alleged conduct was objectively unreasonable, we conclude that Dorsey is entitled to qualified immunity.

Velasquez v. Senko

643 F. Supp. 1172 · District Court, N.D. California · Mar 31, 1986

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. … The Court explained: Unless the plaintiffs allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery.