Case law

McIntire v. State

458 N.W.2d 714 · Court of Appeals of Minnesota · Aug 7, 1990

. § 1983 , the trial court correctly determined that agency's executive director, personnel director, and supervisor had a qualified immunity from liability for conduct which did not violate clearly established constitutional … To penetrate the government officials' qualified immunity, the balance must be in favor of the employee to a degree that evidences a clearly established right.

Brown v. Scott

329 F. Supp. 2d 905 · District Court, E.D. Michigan · Jul 26, 2004

The defendant claims that he is entitled to a dismissal on the basis of qualified immunity because the undisputed facts do not demonstrate a violation of the plaintiffs clearly established Eighth Amendment rights. … further inquiries concerning qualified immunity.”).

Garcia v. Las Vegas Medical Center

112 N.M. 441 · New Mexico Court of Appeals · Apr 30, 1991

One issue is qualified immunity. A public official is not liable for damages under Section 1983 unless the right violated by the official was clearly established at the time of the violation. … Although Ex parte Romero may be persuasive precedent, it cannot be said to make the federal law clearly established so as to overcome qualified immunity if decisions in other jurisdictions are to the contrary.

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

Murphy v. City of Farmington

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

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

DE MONTALVO v. DIXON

District Court, N.D. Florida · Oct 17, 2024

FDC Defendants also assert qualified immunity. ECF No. 32 at 24-25. III. … proceed to the next step of determining if a constitutional right was clearly established”).

Dejuan Hopson v. Jacob Alexander

71 F.4th 692 · Court of Appeals for the Ninth Circuit · Jun 16, 2023

Washington therefore does not qualify as clearly established law for purposes of the qualified immunity inquiry in this case. Hopson next points to our decision in Espinosa. See 598 F.3d at 537–39. … Notably, Robinson itself granted qualified immunity to the officers because the constitutional right that had been violated was not clearly established at the time. 278 F.3d at 1015–16.

Coliseum Enterprises, Inc. v. Campbell

173 Vt. 585 · Supreme Court of Vermont · Feb 25, 2002

qualified immunity. … To overcome the commissioners’ qualified immunity defense, therefore, plaintiffs must identify a “clearly established” right that was violated by the rescission of their application.

Raub v. Bowen

960 F. Supp. 2d 602 · District Court, E.D. Virginia · Aug 2, 2013

Nevertheless, there are some clearly established standards to guide a reasonable police officer who detains a person for mental evaluation. … Goo-den filed suit and the officers invoked qualified immunity as a defense. The district court denied qualified immunity, as did a divided panel of the Fourth Circuit. Id.

William Thorpe v. Harold Clarke

37 F.4th 926 · Court of Appeals for the Fourth Circuit · Jun 14, 2022

On qualified immunity, it reasoned that “when this suit was filed in May 2019, caselaw had clearly established that the Eighth Amendment prohibited prison officials from depriving inmates of ‘the basic human … They suggest we apply qualified immunity to just that prong, hold that it was not clearly established by 2012 that long-term isolation violated the Eighth Amendment, and dismiss the case before ever reaching

Salas v. United States

District Court, D. New Mexico · Feb 28, 2024

United States, 571 U.S. 591 (2015), the Tenth Circuit vacated Salas’ § 924(c) conviction on the ground that arson was not a qualifying “crime of violence” and remanded for resentencing. … Taylor, 529 U.S. 362, 390 (2000) (“It is past question that the rule set forth in Strickland qualifies as ‘clearly established Federal law, as determined by the Supreme Court of the United States.”).

Rouse v. Plantier

997 F. Supp. 575 · District Court, D. New Jersey · Feb 9, 1998

The level of generality at which the right asserted must be “clearly established” is the key conceptual issue in many qualified immunity cases, and has been clearly articulated by Plaintiffs, see Plaintiffs’ Letter-Brief … right to adequate medical care was “clearly established.”

Teresa Graham v. Shannon Barnette

5 F.4th 872 · Court of Appeals for the Eighth Circuit · Jul 16, 2021

She also argues that probable cause was the clearly established standard at the time, meaning the officers are not entitled to qualified immunity as to this claim. … The officers also argued that they were entitled to qualified immunity as to this claim because their seizure of Graham did not violate clearly established law.

B.R. v. West Virginia Department of Health and Human Resources, Bureau for Children and Families, and Child Protective Services

Intermediate Court of Appeals of West Virginia · Feb 8, 2024

is necessary to defeat the defense of qualified immunity. … Code § 49-6A-9, which would overcome qualified immunity.

State Ex Rel Juvenile Department v. Tucker

76 Or. App. 673 · Court of Appeals of Oregon · Dec 4, 1985

The state does not argue persuasively that the experts did possess special knowledge of Indian life, but it contends that they were nevertheless qualified, because they had the necessary expertise to establish beyond a reasonable … However, when cultural bias is clearly not implicated, the necessary proof may be provided by expert witnesses who do not possess special knowledge of Indian life.

Ronnie Gibson, Sr. v. Nicholas Abate

Court of Appeals for the Sixth Circuit · Jul 11, 2025

He claims that we should be wary of dismissing a case under Civil Rule 12(b)(6) based on the clearly established prong of qualified immunity. … There, we answered both questions raised by the officers’ qualified-immunity defense: Did the officers violate the Constitution? And did the caselaw clearly establish the violation when it occurred?

Jose Elizondo v. City of Garland Police Dep

671 F.3d 506 · Court of Appeals for the Fifth Circuit · Feb 14, 2012

West, 662 F.3d 320, 325 (5th Cir.2011), but the same does not hold for an order granting qualified immunity. An order granting immunity can be fully and fairly reviewed after a final judgment. See Thompson v. … To establish the use of excessive force in violation of the Constitution, a plaintiff must prove: “(1) injury, (2) which resulted directly and only from a use of force that was clearly excessive, and (3) the excessiveness

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

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.

Basinski v. City of New York

192 F. Supp. 3d 360 · District Court, S.D. New York · Jun 14, 2016

“The doctrine of qualified immunity shields public officials performing discretionary functions from civil liability insofar as their conduct does not violate clearly established statutory or constitutional rights of which … In addition, in order to be “clearly established” for the purposes of a qualified immunity analysis, “the contours of the right must be sufficiently clear that a reasonable official would understand that what he is doing