Case law

Cope v. Cogdill

3 F.4th 198 · Court of Appeals for the Fifth Circuit · Jul 2, 2021

There are two aspects to qualified immunity: whether the plaintiff has alleged a violation of a constitutional right and whether the right at issue was “clearly established” at the time of the alleged violation. … Even if their actions were constitutionally unlawful, they are entitled to qualified immunity if the constitutional right at issue was not “clearly established.” Pearson, 555 U.S. at 232. 1.

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

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.

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.

Paylan v. Dirks

228 So. 3d 679 · District Court of Appeal of Florida · Oct 11, 2017

Stat. (2010), and the face of her complaint does not otherwise conclusively establish that the ASAs are entitled either to sovereign immunity or to qualified immunity. See Peak v. … of the qualified immunity defense; that is, whether, under the most favorable version of facts alleged, the defendant's action violated clearly established law."); Town of Southwest Ranches v.

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.

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."

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.

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.

McCall v. The County of Lowndes

District Court, M.D. Alabama · Jan 9, 2023

Alternatively, the individual Defendants are entitled to qualified immunity because Plaintiffs have failed to show, through binding caselaw or legal principles of obvious application, that it was clearly established at … See Griffin Indus., 496 F.3d at 1199 (“Only when the official violated the law and the illegality of his conduct was clearly established must the court deny him the protection of 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).

West Virginia Division of Corrections & Rehabilitation v. Damein Robbins

West Virginia Supreme Court · Jun 9, 2023

Those errors relate to one portion of the qualified immunity test (violation of a clearly established right), so we briefly survey pertinent immunities law before addressing the Officers’ specific arguments. … well-established qualified immunity framework.”

Shirk v. Forsmark

272 P.3d 1118 · Colorado Court of Appeals · Jan 5, 2012

Qualified immunity is immunity from suit, not a mere defense to liability. Id. … To overcome a qualified immunity defense, the plaintiff must plead a constitutional violation, and the constitutional right allegedly violated must have been "clearly established" at the time of the action in question.

Rufus West v. Gregory Grams

607 F. App'x 561 · Court of Appeals for the Seventh Circuit · Apr 22, 2015

immunity. … It has never been clearly established that inmates have a right to inmate-led group worship under the First Amendment.

Estate of Jaime Ceballos v. Husk

919 F.3d 1204 · Court of Appeals for the Tenth Circuit · Mar 26, 2019

to qualified immunity. *1213 Medina v. … Here, the district court denied Officer Husk qualified immunity, ruling that Ceballos had stated a clearly established Fourth Amendment violation and that there were genuinely disputed issues of material fact that precluded

Jacobi v. Holbert

553 S.W.3d 246 · Missouri Court of Appeals · Aug 16, 2018

For all these reasons, the DPA is clearly a state agency to which governmental immunity is extended. … The DPA is clearly not functioning as a profit-driven entity. 3.

Lowther v. Children Youth and Families Department

District Court, D. New Mexico · Feb 23, 2023

violate a “clearly established” statutory or constitutional right. … In its discretion, the Court addresses the second prong, or “clearly established prong,” of the qualified immunity analysis first.

Brockington v. City of Philadelphia

354 F. Supp. 2d 563 · District Court, E.D. Pennsylvania · Jan 27, 2005

The doctrine of qualified immunity provides that “law enforcement officers acting within their professional capacity are generally immune from trial ‘insofar as their conduct does not violate clearly established statutory … The second step of the qualified immunity analysis is to determine whether that right was clearly established at the time of the alleged violation.