Case law

Lumry v. State

Court of Appeals of Kansas · Oct 5, 2018

In claiming qualified immunity, Blecha first contends that the law was not clearly established that he could be personally liable for the FLSA claims; in other words, Blecha asserts that it was not clearly established in … N.Y. 2014) (defendant not entitled to qualified immunity since rules governing its conduct were clearly established, even if the rules about personal liability were not clearly established).

Diaz-Colon v. Toledo-Davila

980 F. Supp. 2d 214 · District Court, D. Puerto Rico · Oct 24, 2013

In determining whether qualified immunity shields a state actor from liability, courts look at 1) whether the plaintiff has alleged a violation of a constitutional right, and 2) whether the right at issue was clearly established … Taylor, 723 F.3d 91 (1st Cir.2013), and that the prohibition against “deliberately fabricating evidence and framing individuals for crimes they did not commit,” as alleged in this case, was clearly established as far back

Kruger v. Grauer

173 Conn. App. 539 · Connecticut Appellate Court · Jun 6, 2017

Indeed, it is well established that conditioning immunity on the exercise of good faith is consistent with qualified immunity, not absolute immu- nity. See, e.g., Villages, LLC v. Longhi, 166 Conn. … and qualified immunity as grounds for summary judgment.

Weise v. Casper

593 F.3d 1163 · Court of Appeals for the Tenth Circuit · Jan 27, 2010

Because the constitutional right asserted by the Plaintiffs was not clearly established at the time of the alleged violation, we affirm the grant of qualified immunity. … But in qualified immunity cases, except in the most obvious cases, broad, general propositions of law are insufficient to suggest clearly established law. See Brousseau v.

Mohamed Sabra v. Maricopa County Community Coll

44 F.4th 867 · Court of Appeals for the Ninth Circuit · Aug 10, 2022

of qualified immunity, as there was no case law clearly establishing that his conduct was unconstitutional at the time of the alleged offense. … Qualified Immunity “The doctrine of 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

Harmon v. Dall. Cnty.

294 F. Supp. 3d 548 · District Court, N.D. Texas · Feb 20, 2018

In analyzing qualified immunity claims, the Supreme Court has "repeatedly told courts...to not define clearly established law at a high level of generality." Mullenix v. … In analyzing qualified immunity claims, the Supreme Court has "repeatedly told courts … to not define clearly established law at a high level of generality." Mullenix v.

Davis v. Town of Southern Pines

116 N.C. App. 663 · Court of Appeals of North Carolina · Nov 1, 1994

“The test of qualified immunity for police officers sued under [section 1983] is whether [the officers’ conduct violated] clearly established statutory or constitutional rights of which a reasonable person would have known … In ruling on the defense of qualified immunity we must: (1) identify the specific right allegedly violated; (2) determine whether the right allegedly violated was clearly established at the time of the violation; and (3)

(PC) Trehearne v. Huggett

District Court, E.D. California · Feb 19, 2025

1 parole revocation acts like a police officer applying for an arrest warrant and is therefore entitled 2 to qualified immunity); Thornton v. … arising from the duty to supervise parolees is 9 covered by qualified immunity[.]”). 10 Plaintiff’s allegations in both claims two and three that he has been arrested and returned

Newman v. Kock

274 S.W.3d 697 · Texas Court of Appeals, 4th District (San Antonio) · Aug 6, 2008

In response to Newman’s due process and due course claims, Appellees asserted the affirmative defenses of qualified immunity and official immunity and filed a traditional motion for summary judgment claiming that they established … that violated clearly established law.

West Virginia Department of Human Resources v. A.R.

West Virginia Supreme Court · Mar 5, 2024

When dealing with broad rights, the plaintiff bears the burden of particularizing such a right before those rights are subject to the qualified immunity test of being clearly established. … Were it otherwise, allegations like A.R’s would “grossly oversimplif[y], and frankly nullif[y],” that step of the qualified immunity analysis pertaining to the violation of clearly established statutory or constitutional

Mohamed ex rel. A.M. v. Irving Independent School District

252 F. Supp. 3d 602 · District Court, N.D. Texas · May 18, 2017

Principal Cummings asserts he is entitled to qualified immunity, as Plaintiff has failed to plead facts showing that he violated any of A.M.’s clearly established constitutional rights. … In analyzing qualified immunity claims, the Supreme Court has “repeatedly told courts ... to not define clearly established law at a high level of generality.” Mullenix v.

Hassell v. Fischer

96 F. Supp. 3d 370 · District Court, S.D. New York · Apr 1, 2015

Qualified Immunity Qualified immunity “protects public officials performing discretionary functions from personal liability in a civil suit for damages ‘insofar as their conduct does not violate clearly established statutory … Defendants’ entitlement to qualified immunity, therefore, turns on whether and when the rights that Hassell invokes were “clearly established.” Harlow, 457 U.S. at 818 , 102 S.Ct. 2727 .

Connell v. Signoracci

153 F.3d 74 · Court of Appeals for the Second Circuit · Aug 21, 1998

A defendant is entitled to qualified immunity on a motion to dismiss if the allegations of the complaint fail to “state a claim of violation of clearly established law.” Behrens v. … Qualified immunity shields officials “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”

Lane v. First National Bank of Boston

687 F. Supp. 11 · District Court, D. Massachusetts · May 19, 1988

The meaning of “clearly established law” in the context of qualified immunity has been analyzed by the First Circuit in several cases, and in a recent decision the Court stated that, “in assessing a claim of qualified immunity … that the district attorney was entitled to qualified immunity.

Cheri Marie Hanson v. Daniel Best

915 F.3d 543 · Court of Appeals for the Eighth Circuit · Feb 8, 2019

We have jurisdiction to the extent that we may resolve “abstract questions of law related to the qualified- immunity determination—typically, whether the allegedly infringed federal right was clearly established.” … Therefore, the right at issue is not clearly established, and the officers are entitled to qualified immunity on Hanson’s excessive force claim.

Jason Cunningham v. Shelby Cnty., Tenn.

994 F.3d 761 · Court of Appeals for the Sixth Circuit · Apr 19, 2021

Qualified immunity shields federal and state officials from money damages unless a plaintiff alleges facts showing (1) that the official violated a statutory or constitutional right, and (2) that the right was clearly established … The district court pointed to precedent from this court that it believed had clearly established before March of 2017 that, for Paschal and Wiggins to be entitled to qualified immunity under the circumstances of this case

Suissa v. Fulton County, GA

74 F.3d 266 · Court of Appeals for the Eleventh Circuit · Feb 6, 1996

Because that component of qualified immunity is established, "the burden shifts to the plaintiff to demonstrate that the defendant "violated clearly established constitutional law.' " Id. … Just as no decision clearly establishes that the First Amendment is violated by an unsuccessful attempt to influence protected speech in general, none clearly establishes that it is violated by an unsuccessful attempt

Administrator Larry Crawford, individually and in his official capacity, Captain Carl Aldridge, individually and in his official capacity, C.O. Paul Diamond, individually and in his official capacity, C.O. Don Vance, individually and in his official capacity, C.O. David Rodes, individually and in his official capacity, C.O. Joshua Scarberry, individually and in his official capacity, and The West Virginia Regional Jail and Correctional Facility Authority v. Michael A. McDonald

West Virginia Supreme Court · Mar 31, 2023

McDonald disagrees that Petitioners are entitled to qualified immunity. … established law for qualified immunity purposes because it does not prescribe any specific behavior by the supervisory defendants and does not clearly define any rights.

Root v. Comstock

Court of Appeals for the Tenth Circuit · Jan 14, 2026

Qualified immunity “[Q]ualified 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 … Root’s out-of-circuit cases do not provide clearly established law. Most of them are district court and unpublished decisions that cannot qualify as clearly established law. See Surat v.

Moody v. City of Newport News

193 F. Supp. 3d 530 · District Court, E.D. Virginia · Jun 16, 2016

Clearly Established Further, even if Hollandsworth used excessive force, she would still be entitled to qualified immunity because she did not violate a clearly established' constitutional right. … Clearly Established Law Alternatively, even if Gibson did use excessive force, he would still be entitled to qualified immunity because he did not violate a clearly established constitutional right.