Case law

Bishop v. Boyer

District Court, N.D. Illinois · Sep 26, 2025

The doctrine of qualified immunity protects government officials from liability for civil damages in situations in which their conduct does not violate a clearly established statutory or constitutional right. … As the Seventh Circuit has explained: [A] right is clearly established for qualified immunity purposes if its contours were sufficiently definite that

Hernandez v. Mesa

885 F.3d 811 · Court of Appeals for the Fifth Circuit · Mar 20, 2018

But the extraterritorial application of these protections to Hernández was not clearly established at the time of Mesa's tortious conduct. Mesa is therefore entitled to qualified immunity. See Mullenix v. … . ----, 136 S.Ct. 305 , 308, 193 L.Ed.2d 255 (2015) ("The doctrine of qualified immunity shields officials from civil liability so long as their conduct does not violate clearly established statutory or constitutional rights

Mierzwa v. City of Garfield

170 F. App'x 212 · Court of Appeals for the Third Circuit · Oct 19, 2005

Finally, the Court found that because the State is immune from liability under § 1983, the Mierzwas’ due process claim lacks merit. … In addition, the individual Garfield defendants (police and prosecutor) enjoy qualified immunity as their conduct in investigating the incident between Edward and Thomas did not violate clearly established constitutional

Harris County v. Nagel

349 S.W.3d 769 · Texas Court of Appeals, 14th District (Houston) · Oct 5, 2011

Identification of the clearly established law is not a question of fact to be established by evidence. … This would not be qualified immunity, but absolute immunity.

Webb v. Johnson

District Court, D. Nebraska · Aug 4, 2022

QUALIFIED IMMUNITY Qualified immunity shields officials from civil liability in a 42 U.S.C. §1983 action when their conduct “does not violate clearly established statutory or … “Qualified immunity is an affirmative defense for which the defendant carries the burden of proof. The plaintiff, however, must demonstrate that the law is clearly established.” Sparr v.

In re Davenport Hotel Building Collapse

Supreme Court of Iowa · Nov 7, 2025

established” law under § 670.4A(3). … We also noted in Doe a fundamental incompatibility between the federal “clearly established” standard and the nature of a common law negligence action that would somehow incorporate such a standard. Id.

Mangino v. Incorporated Village of Patchogue

814 F. Supp. 2d 242 · District Court, E.D. New York · Sep 30, 2011

Having carefully considered the motion for reconsideration, the Court concludes that Nudo is entitled to qualified immunity on the abuse of process claim because, although there was a clearly established right to be free … Therefore, qualified immunity at this juncture is clearly unwarranted.

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)).

Hurdsman v. Commander Pokluda

District Court, W.D. Texas · Jan 13, 2020

Qualified Immunity “A qualified immunity defense alters the usual summary judgment burden of proof.” Brown v. Callahan, 623 F.3d 249, 253 (5th Cir. 2010). … Guendry, 703 F.3d 757, 763-64 (5th Cir. 2012) (qualified immunity will not protect officers who apply excessive force merely because their means of apply it are novel; further, Graham excessive force factors “can ‘clearly

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.

Garcia v. Royal Bank of Canada

178 F. Supp. 2d 74 · District Court, D. Puerto Rico · Dec 17, 2001

Qualified Immunity Noriega contends that he is entitled to qualified immunity. … If no violation of a clearly established constitutional right is found, then the analysis halts because “there is qualified immunity.” Aponte Matos v.

Atkinson v. Pustilnik

District Court, S.D. Texas · May 2, 2024

established, meaning qualified immunity was warranted) … Violation of a Clearly Established Right The second prong of the qualified immunity inquiry requires me to determine if the “right at issue was clearly established at the time of the defendant

Harmon v. City of Arlington

16 F.4th 1159 · Court of Appeals for the Fifth Circuit · Oct 26, 2021

First, the plaintiffs argue that Tran is not entitled to qualified immunity because his use of excessive force violated a clearly established constitutional right. … To overcome qualified immunity, the law must be so clearly established that every reasonable officer in this factual context—an officer holding onto the side of a fleeing car where the driver has ignored instructions

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.

Daniel Chavez v. David Robinson

817 F.3d 1162 · Court of Appeals for the Ninth Circuit · Mar 29, 2016

In this case, the panel determined that plaintiff’s complaint did not clearly show that he would be unable to overcome qualified immunity. … ROBINSON Chavez’s pro se complaint did not clearly show that he would be unable to overcome qualified immunity.

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.

Outlaw v. Nasworthy

250 Ga. App. 362 · Court of Appeals of Georgia · Jul 3, 2001

by reference to clearly established law. … On a motion for summary judgment, if the applicable law was clearly established at the time the defendant acted, the immunity defense ordinarily should fail, since a reasonably competent public official should know the law

Bartell v. Lohiser

215 F.3d 550 · Court of Appeals for the Sixth Circuit · Jun 7, 2000

No defendants may assert qualified immunity. … However, this Circuit, as well as a number of “clearly established” constitutional or statutory right has been our sister Circuits, have granted state employees qualified immunity violated; and second, we ascertain whether

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.

Torres v. Goddard

194 F. Supp. 3d 886 · District Court, D. Arizona · Jul 1, 2016

Defendants are entitled to qualified immunity. … As a matter of law, clearly established law for qualified immunity purposes is the law clearly established at the time of the conduct at issue.