Case law

Santiago v. Leik

179 Wis. 2d 786 · Court of Appeals of Wisconsin · Oct 28, 1993

Thus, if at the time the challenged act occurred the law identifying the act as a constitutional violation was not clearly established, qualified immunity protects the official from suit. … The Barnhill court noted that confusion regarding qualified immunity "derives from the level of generality that should be afforded to 'clearly established law' at the time of the alleged unlawful act."

Parmelee v. Schnader

2018 Ohio 707 · Ohio Court of Appeals · Feb 22, 2018

Brooks, 436 U.S. 149, 155, 98 S.Ct. 1729, 56 L.Ed.2d 185 (1978). {¶22} A governmental official sued under 42 U.S.C. §1983 may assert the defense of qualified immunity when their conduct “does not violate clearly established … Once the defendant raises the defense of qualified immunity, it is the plaintiff's burden to establish that the defendant is not entitled to qualified immunity. Id. citing Silberstein v.

West Virginia Department of Education v. McGraw

239 W. Va. 192 · West Virginia Supreme Court · May 17, 2017

, qualified immunity bars recovery for Ms. … The DOE argues that qualified immunity bars this claim for two reasons: (1) the facts alleged in the complaint do not outline a liberty interest violation (or any other clearly-established constitutional or statutory violation

Estate of Clemente N. Aguirre v. County of Riverside

29 F.4th 624 · Court of Appeals for the Ninth Circuit · Mar 24, 2022

The Clearly Established Inquiry Because the Najeras have presented facts sufficient to establish a Fourth Amendment violation, we consider the second prong of qualified immunity: whether the law was clearly established … The posture of this interlocutory appeal coupled with clearly established law supports the district court’s denial of qualified immunity. IV.

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.

SERVAIS v. CACCIA

District Court, D. New Jersey · Jul 31, 2023

Second, the Court considers “whether that right was clearly established at the time of the official’s actions.” Id. “An answer in the negative to either prong entitles an officer to qualified immunity.” … See Pearson, 555 U.S. at 232 (stating that qualified immunity applies unless “the right at issue was ‘clearly established’ at the time of defendant's alleged misconduct” (emphasis added)).

Preferred Risk Mutual Insurance Company v. United States of America, International Trademark Association, Amicus Curiae

86 F.3d 789 · Court of Appeals for the Eighth Circuit · Sep 10, 1996

We start our analysis with the well-established proposition that the United States may not be sued without its consent. See Affiliated Ute Citizens v. … that the agency action had transgressed and establish that the statute or regulation applies to the United States.

Ali Shamaeizadeh v. Joel Cunigan

338 F.3d 535 · Court of Appeals for the Sixth Circuit · Jul 22, 2003

Furthermore, the officers are not entitled to qualified immunity with respect to this aspect of Shamaeizadeh’s § 1983 claim because their unconstitutional conduct “involved a clearly established constitutional right of which … Even though the officers violated Shamaeizadeh’s clearly established constitutional rights, they are nevertheless entitled to qualified immunity if Shamaeizadeh has failed to offer sufficient evidence that the officers’ actions

Adam Saetrum v. Jake Vogt

673 F. App'x 688 · Court of Appeals for the Ninth Circuit · Dec 20, 2016

Cases from this and other circuits clearly established that using a car as an impact weapon constituted at least a significant, intermediate level of force. See Young v. … The Takedown Claim With respect to the takedown claim, by contrast, Vogt’s actions did not violate clearly established law.

Tracy Ray Vaughan v. James D. Ricketts

859 F.2d 736 · Court of Appeals for the Ninth Circuit · Oct 14, 1988

Ricketts moved for summary judgment, claiming a qualified immunity from suit because the law governing body cavity searches of inmates was not clearly established as of March 1984. … Finally, the district court found that clearly established standards existed under the eighth and fourteenth amendments as well. The court thus refused to grant Ricketts qualified immunity on any of Vaughan’s claims.

Smiley

District Court, S.D. Georgia · Mar 12, 2026

But the arguable probable cause inquiry in a false arrest case is no different from the clearly established law inquiry in any other qualified immunity case … Clearly Established Law To prevail against the assertion of qualified immunity, Plaintiff must show—in addition to a constitutional violation— that “when the

Sawyers v. Norton

962 F.3d 1270 · Court of Appeals for the Tenth Circuit · Jun 23, 2020

(2) The three officers were not entitled to summary judgment on qualified immunity grounds because “it is . . . clearly established by Tenth Circuit precedent that [Mr.] … Although they describe the law of qualified immunity, including the clearly established law requirement, see Aplt.

Roxanne Adams v. Debra Ferguson

884 F.3d 219 · Court of Appeals for the Fourth Circuit · Mar 6, 2018

Qualified immunity “shields officials from civil liability so long as their conduct ‘does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’” Mullenix v. … “Unless the plaintiff’s allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery.”

Tate v. Alexander

527 F. Supp. 796 · District Court, M.D. Tennessee · Nov 30, 1981

Some controversy has developed over the years concerning exactly how one can tell that a particular constitutional right has become “clearly established” for purposes of applying qualified immunity for official actions, and … was therefore not clearly established.

Quinn v. Webster County, Mississippi

District Court, N.D. Mississippi · Mar 30, 2023

Clifton, 29 F.3d 1012 (5th Cir. 1994) (holding that law enforcement officers are entitled to qualified immunity “unless it is shown that, at the time of the incident, [the officer] violated a clearly established constitutional … While his contention is clearly that it occurred prior to entering the cell, the allegation provides no further context as to when it happened.

Emmons v. City of Escondido

168 F. Supp. 3d 1265 · District Court, S.D. California · Mar 2, 2016

Qualified Immunity The Supreme Court recently summarized the doctrine of qualified immunity. … conduct is clearly established.”

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.

Long v. Underwood

District Court, N.D. Alabama · Dec 4, 2019

Qualified immunity shields government officials performing discretionary functions from suit “in their individual capacities unless their conduct violates clearly established statutory or constitutional rights … Univ., 102 F.3d 1179, 1182 (11th Cir. 1997) (stating that the defendants are entitled to qualified immunity on a motion to dismiss if the complaint “fails to allege the violation of a clearly established constitutional

Sean Rambert, Sr. v. City of Greenville

107 F.4th 388 · Court of Appeals for the Fourth Circuit · Jul 12, 2024

But an officer is not entitled to “qualified immunity if he or she deprived an individual of a constitutional right and that right was clearly established at the time of the violation.” … But that is not how the clearly established prong of qualified immunity works. Qualified immunity protects “all but the plainly incompetent or those who knowingly violate the law.”

Rangel v. Lorum

District Court, E.D. Wisconsin · Oct 23, 2019

Haessig, 788 F.3d 662, 667 (7th Cir. 2015) (affirming denial of qualified immunity for supervisor of parole agent who failed to respond to complaints by plaintiff parolee that agent was sexually harassing him). … Hartford, 204 F.3d 1187, 1197 (9th Cir. 2000) (“In the simplest and most absolute of terms, the Eighth Amendment right of prisoners to be free from sexual abuse was unquestionably clearly established prior to the time of