Case law

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.

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.”

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.”

Henderson v. Glanz

813 F.3d 938 · Court of Appeals for the Tenth Circuit · Dec 28, 2015

The defendants do not challenge the “clearly established” prong of the qualified immunity standard, other than in a single sentence stating that “Plaintiff failed to show that the Sheriff violated a clearly … Henderson has not carried her burden of establishing he violated a constitutional right that was clearly established, we conclude the district court erred in holding he is not entitled to qualified immunity.

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.

Hicks v. LeBlanc

81 F.4th 497 · Court of Appeals for the Fifth Circuit · Sep 5, 2023

Appellants insist they are entitled to qualified immunity because they neither violated Hicks’ constitutional rights nor acted unreasonably in light of clearly established law. We disagree. … Having established that Hicks’ right to timely release was clearly established, we turn to the first question of qualified immunity: whether _____________________ 21 U.S.

Nation v. Colla

173 Ariz. 245 · Court of Appeals of Arizona · Dec 29, 1992

Whether the absence of clearly established law in 1984 concerning when a child could or could not be taken into temporary custody entitles Michelle Colla to qualified immunity in taking temporary custody over James Nation … Under the doctrine of qualified immunity, an executive officer is immune from civil liability in a § 1983 action if the conduct complained of does not violate a clearly established statutory or constitutional right of which

Robert Hall v. Medical College of Ohio at Toledo

742 F.2d 299 · Court of Appeals for the Sixth Circuit · Aug 28, 1984

II Qualified Immunity “[Gjovernment officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … Thus, we cannot conclude that any other “clearly established” constitutional rights were violated in Hall’s expulsion from MCO.

Lamas v. Hale County

District Court, N.D. Texas · Oct 15, 2021

Where a defendant has asserted a qualified-immunity defense, the Court may, under certain circumstances, permit limited discovery that is narrowly tailored to uncover facts that the Court needs to rule on the qualified-immunity … 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

University of Texas Southwestern Medical Center of Dallas v. Margulis

43 Tex. Sup. Ct. J. 288 · Texas Supreme Court · Jan 6, 2000

The motion for summary judgment argued that as a matter of law the plaintiff failed to plead specific facts that would indicate a violation of clearly established law. … The motion then argued extensively that as a matter of law Fain and Winchester were entitled to summary judgment based on qualified immunity.

Eleanor Keller v. Attala County

952 F.3d 216 · Court of Appeals for the Fifth Circuit · Feb 20, 2020

Without setting forth a clearly established right for which the analysis can continue, Plaintiffs have not defeated Deputy Fleming’s qualified immunity defense. … his actions violated clearly established law.

Martin v. City of Eastlake

686 F. Supp. 620 · District Court, N.D. Ohio · May 18, 1988

Put simply, if a defendant did not violate a clearly established constitutional right, the defendant was entitled to qualified immunity. … If a defendant did violate a clearly established constitutional right, he was not entitled to qualified immunity.

Green v. Thomas

129 F.4th 877 · Court of Appeals for the Fifth Circuit · Mar 3, 2025

In finding clearly established law, the district court overlooked Espinal v. … particular case at hand” and granting qualified immunity because “the unlawfulness of the officers’ conduct in this case was not clearly established”). 35 See Bailey v.

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.

Walker v. Watson

District Court, W.D. Arkansas · Jun 6, 2022

Qualified Immunity The Defendants alternatively argue that they are entitled to qualified immunity with respect to Plaintiff’s claims. … The Court, having found that the facts do not make out a constitutional violation finds that the Defendants are entitled to qualified immunity with respect to each of Plaintiff’s constitutional claims.

Murphy v. City of Farmington

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

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

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.

McDonald v. Doe

650 F. Supp. 858 · District Court, S.D. New York · Dec 31, 1986

Fitzgerald, 457 U.S. 800, 818 , 102 S.Ct. 2727, 2738 , 73 L.Ed.2d 396 (1982), an official who enjoys qualified immunity is immune from civil damages “insofar as [his] conduct does not violate clearly established statutory … “If, on the other hand, the court concludes that the officials alleged conduct did violate clearly established law, it must deny summary judgment on the ground that the official is not entitled to qualified immunity, and

Sanchez v. Sanchez

777 F. Supp. 906 · District Court, D. New Mexico · Nov 8, 1991

If the plaintiff does establish such intent, there can be no qualified immunity. … As the reasoning in these cases demonstrates, where the right is clearly established, a defendant to a claim requiring proof of impermissible motive is not entitled to qualified immunity.

Tina Ray v. Michael Roane

948 F.3d 222 · Court of Appeals for the Fourth Circuit · Jan 22, 2020

violation occurred and (2) whether the right violated was clearly established. … Still, even without “directly on-point, binding authority,” qualified immunity is inappropriate if “the 11 right was clearly established based on general constitutional principles