Case law

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

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

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

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

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.”

Hank Heckman and Loren Garcia v. Betsy Jividen, Jeff Sandy, and Patrick Morrisey

Intermediate Court of Appeals of West Virginia · Apr 15, 2024

Despite Hargus’ influence upon Phalen’s outcome, qualified immunity does not require the public official to have a strong argument; all that is required to receive immunity is that the right was not “clearly established … Hargus’ logic was plainly influential in deciding Phalen, but qualified immunity’s standard is “clearly established,” not probable, or 20 likely to be established.

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.

Gormley v. Wood-El

422 N.J. Super. 426 · New Jersey Superior Court Appellate Division · Oct 18, 2011

In that regard, we conclude, because the right asserted was not clearly established at the time plaintiff was attacked, defendants are entitled to qualified immunity. I. … A government official is entitled to qualified immunity unless his or her conduct violated “ ‘clearly established statutory or constitutional rights of which a reasonable person would have known.’ ” Ibid.

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.

Lucas v. State

141 S.W.3d 121 · Court of Appeals of Tennessee · Feb 4, 2004

Qualified immunity is asserted as a defense, and shields government officials performing discretionary functions from civil liability if their conduct does not violate clearly established statutory or constitutional rights … The procedure for evaluating claims of qualified immunity is tripartite: First, we determine whether a constitutional violation has occurred; second, we determine whether the right that was violated was a 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.

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.