Case law

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

Murphy v. City of Farmington

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

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

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.

Robinson v. Langdon

333 Ark. 662 · Supreme Court of Arkansas · Jun 25, 1998

Fitzgerald, the [government official] will be entitled to immunity so long as his actions do not violate “clearly established statutory or constitutional rights of which a reasonable person would have known.” … Shuffield had “fair warning” that he was violating a clearly established right in determining that the allegation of abuse was “founded.”

Leveto v. Lapina

258 F.3d 156 · Court of Appeals for the Third Circuit · Jul 17, 2001

The principles governing claims of qualified immunity are well-established. … If a reasonable official would have known that the conduct was unlawful, qualified immunity is generally not available.2 See Harlow, 457 U.S. at 818-19 ("If the law was clearly established, the immunity defense or dinarily

Allen v. Guerrero

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

given right was clearly established." … clearly established.

Pagan-Gonzalez v. Moreno

919 F.3d 582 · Court of Appeals for the First Circuit · Mar 22, 2019

"[O]fficers are entitled to qualified immunity under § 1983 unless (1) they violated a federal statutory or constitutional right, and (2) the unlawfulness of their conduct was 'clearly established at the time.' " Dist. of … Qualified Immunity Having concluded that the search as alleged violated the Constitution, we turn to the second prong of the qualified immunity inquiry: whether the unlawfulness of the agents' conduct was clearly established

Tillard v. Strawser

District Court, D. Arizona · Jan 25, 2022

(Id. at 9 n.7.) 15 Government officials are entitled to qualified immunity from civil damages unless 16 their conduct violates “clearly established statutory or constitutional … that 20 right was clearly established at the time of the violation.

Bexar County v. Giroux-Daniel

956 S.W.2d 692 · Texas Court of Appeals, 4th District (San Antonio) · Oct 29, 1997

Government officials have a qualified immunity from § 1983 suits if they can establish that “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known … She argues that when she was fired in 1995, it was clearly established that firing a government employee for speaking out on matters of public concern constitutes a violation of the employee’s First Amendment rights.

Thompson v. Douds

852 So. 2d 299 · District Court of Appeal of Florida · Jul 18, 2003

Therefore, the trial court found that Thompson had failed to prove that the law was "clearly established." … Therefore, the autopsy report was insufficient to establish a fact question that would defeat summary judgment on the issue of qualified immunity. Id.

Cecilia Perry v. Jermanda Adams

993 F.3d 584 · Court of Appeals for the Eighth Circuit · Apr 5, 2021

Because Adams’s conduct did not violate the detainee’s clearly established rights, she is entitled to qualified immunity. Accordingly, we reverse. … Because Adams is a public official asserting a defense of qualified immunity, she is immune from suit under § 1983 unless her actions violated constitutional or statutory rights that were clearly established at the time of

Humble

District Court, S.D. Texas · Jan 14, 2026

in light of clearly established law. … at 502 (holding that defendants failed to establish qualified immunity).

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.

Ex parte Harvey Ruffin, Shelton Patterson, Sandra Giles and Kenneth Jones.

160 So. 3d 750 · Supreme Court of Alabama · Aug 29, 2014

The doctrine of qualified immunity generally shields government officials who are performing discretionary functions from liability for civil damages unless their conduct violates "clearly established … the petitioners violated clearly established constitutional law.

Umar v. Scott

991 S.W.2d 512 · Court of Appeals of Texas · Jun 10, 1999

Qualified Immunity The doctrine of qualified immunity shields individual government officials performing discretionary functions from liability for civil damages, so long as their conduct does not violate clearly established … Furthermore, we hold that Appellees’ actions in complying with the policy were objectively reasonable, and Appellees’ have established, as a matter of law, their entitlement to qualified immunity.

Ali v. Lambert

384 F. Supp. 3d 1321 · District Court, N.D. Oklahoma · Apr 25, 2019

Thus, "[t]o survive a motion to dismiss based on qualified immunity, the plaintiff must allege sufficient facts that show-when taken as true-the defendant plausibly violated his constitutional rights, which were clearly established … the relevant law is clearly established."

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.

Sheppard v. Beerman

911 F. Supp. 606 · District Court, E.D. New York · Dec 20, 1995

In the Second Circuit, law is normally “clearly established” for qualified immunity purposes when there is a United States Supreme Court or circuit court ruling on point. See Richardson v. … ’s dismissal established the violation of a “clearly established” right.

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).