Case law
Opinions from 1658 to today.
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William Anderson v. City of Minneapolis
934 F.3d 876 · Court of Appeals for the Eighth Circuit · Aug 20, 2019
Because Jacob has failed to identify a clearly established right, we hold the individual defendants are entitled to qualified immunity. … As such, it does not clearly establish a right that defeats the individual defendants’ qualified immunity defenses.
Cited 30 timesPublished815 F. Supp. 1066 · District Court, W.D. Michigan · Feb 23, 1993
They argue that the defendants were not entitled to qualified immunity because plaintiffs’ rights were clearly established at the time of the alleged violations and also ask for reconsideration of their conspiracy claim. … Qualified Immunity The qualified immunity doctrine shields government officials performing discretionary functions from civil damages liability, provided their conduct “does not vio-' late clearly established statutory or
Cited 1 timesPublished928 S.W.2d 623 · Court of Appeals of Texas · Aug 15, 1996
... qualified immunity.” … Police officers are immune if they could have reasonably believed their actions to be lawful in light of clearly established law and the information the officers possessed. Hunter v.
Cited 15 timesPublishedGarcia 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.
Cited 25 timesPublishedAldarondo Lugo v. Municipality of Toa Baja
329 F. Supp. 2d 234 · District Court, D. Puerto Rico · Aug 6, 2004
Then, Defendants paid lip service to the first and third prongs of the qualified immunity test, and addressed the second prong of the qualified immunity inquiry at length: whether the right was clearly established. … The Court undertook an analysis of qualified immunity with the record before it. The law was clearly established, the second prong was met, but that was not dispositive of the defense.
Cited 1 timesPublishedCheri 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.
Cited 25 timesPublished848 F.3d 678 · Court of Appeals for the Fifth Circuit · Feb 16, 2017
The court reasoned that Turner failed to meet his burden of showing that the defendants were not entitled to qualified immunity because he failed to show that their actions violated any of his clearly established statutory … violates that right.” 17 Thus, the right must already be clearly established “at the time of the challenged conduct.” 18 When considering whether a defendant is entitled to *686 qualified immunity, the court “must ask whether
Cited 226 timesPublished20 F. Supp. 2d 296 · District Court, D. Puerto Rico · Aug 28, 1998
Qualified Immunity Qualified immunity is an affirmative defense shielding public officials from civil damages so long as their conduct does not violate any clearly-established statutory or constitutional right of which a … To determine whether Defendants are entitled to qualified immunity protection from the claims in Count I, we must determine whether the right claimed is a clearly-established one.
Cited 7 timesPublishedGaymon v. Borough of Collingdale
150 F. Supp. 3d 457 · District Court, E.D. Pennsylvania · Jul 17, 2015
Defendants sought to redefine the focus of the qualified immunity analysis to whether there was a clearly established “First Amendment right to record” police, officers performing their official duties at the time of the … To overcome the defense of qualified immunity, Plaintiffs must allege facts showing that the Defendant officers’ conduct (1) “violated a statutory or constitutional right, and (2) that the right was ‘clearly established’
Cited 9 timesPublishedDangler v. New York City Off Track Betting Corp.
193 F.3d 130 · Court of Appeals for the Second Circuit · Sep 23, 1999
The court noted that at the time of Dangler’s termination, “it was not clearly established in this Circuit that the policymaker exception did not immunize employers from liability in Pickering type situations,” 1998 WL 599711 … did not- violate a clearly established constitutional right.
Cited 108 timesPublished74 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
Cited 21 timesPublished2021 S.D. 44 · South Dakota Supreme Court · Jul 28, 2021
“Qualified immunity shields a government official from liability and the burdens of litigation in a § 1983 action for damages unless the official’s conduct violated a clearly established constitutional or statutory right … immunity because it was not clearly established that their actions were unlawful.”
Cited 2 timesPublishedBayer v. Monroe County Children and Youth Services
577 F.3d 186 · Court of Appeals for the Third Circuit · Aug 14, 2009
And in light of Pearson , we need not reach this issue, as we find that, under the “clearly established” prong of the Saucier test, defendants should be afforded qualified immunity with respect to this claim. … See Pearson, 129 S.Ct. at 822 (forgoing the first Saucier step and finding the defendants “are entitled to qualified immunity because [their conduct] did not violate clearly established law”).
Cited 90 timesPublishedBetty Jean Triplett v. Washington Dept of Social & Health Services
193 Wash. App. 497 · Court of Appeals of Washington · Apr 21, 2016
The prevailing view is that once the defense of qualified immunity is properly raised, the plaintiff has the burden of showing the defendant violated the plaintiffs clearly established federal right. MARTIN A. … Clearly established law The individual defendants are still qualifiedly immune from liability, even for a constitutional violation, if their conduct was objectively reasonable in light of clearly established law
Cited 2 timesPublishedWilliam Felkner v. Rhode Island College
Supreme Court of Rhode Island · Apr 20, 2023
Further, Felkner argues that qualified immunity does not apply to his request for equitable relief and that defendants are not entitled to qualified immunity because Felkner’s constitutional rights were established by … does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’”
Cited 0 timesPublished980 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
Cited 2 timesPublished274 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.
Cited 26 timesPublishedCourt 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.
Cited 0 timesUnpublishedWest Virginia Supreme Court · Mar 26, 2021
it violated a clearly established law or right in performing its discretionary functions. … Next, we must move forward in the qualified immunity analysis and determine whether J.H. has alleged that the acts of the Trooper Defendants were in violation of clearly established statutory or constitutional rights or
Cited 0 timesPublishedDistrict Court, D. New Jersey · Mar 31, 2021
In the familiar qualified immunity analysis, the court asks “(1) whether the officer violated a constitutional right, and (2) whether the right was clearly established, such that ‘it would [have … This though does not end this Court’s qualified immunity analysis.
Cited 0 timesUnknown
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