Case law

Christopher Sandknop v. Brian O'Connell

932 F.3d 739 · Court of Appeals for the Eighth Circuit · Aug 5, 2019

Dismissing a case on a 12(b)(6) motion for reasons of qualified immunity is appropriate when the “immunity is established on the face of the complaint.” Ulrich v. … An official is entitled to the affirmative defense of qualified immunity “unless the evidence establishes (1) that a plaintiff’s constitutional rights have been violated, and (2) those rights were so clearly established at

Newhard v. Borders

649 F. Supp. 2d 440 · District Court, W.D. Virginia · Sep 2, 2009

who allegedly searched through Newhard’s phone after the arrest is entitled to qualified immunity because Newhard’s constitutional right to be free from such a search under the Fourth Amendment was not “clearly established … The Unnamed Officer who allegedly searched through the cell phone did not violate any “clearly established” constitutional right of New-hard’s under the Fourth Amendment and is thus entitled to qualified immunity.

Amber Jackson v. Cody Swanger

97 F.4th 1343 · Court of Appeals for the Eleventh Circuit · Apr 5, 2024

An officer exercising a dis- cretionary function is entitled to qualified immunity on a claim that his investigatory stop violated the Fourth Amendment unless “he was violating clearly established law.” … Brandt’s assertion that he did not violate clearly established law when he stopped the vehicle is a “core qualified immunity is- sue[].” Cottrell, 85 F.3d at 1484 (quotation marks omitted).

Lewis Stewart v. Romeo Aranas

32 F.4th 1192 · Court of Appeals for the Ninth Circuit · May 4, 2022

The panel determined that only examination of the second prong of the qualified immunity analysis was necessary—whether the right was clearly established at the time of the violation—because doing so would not hamper the … ” prong of the qualified immunity analysis.

Showalter v. North Carolina Department of Crime Control & Public Safety

183 N.C. App. 132 · Court of Appeals of North Carolina · May 1, 2007

Defendants argue the trial court erred in concluding that Trooper Emmons was not entitled to qualified immunity because the right which plaintiff alleges to have been violated was not clearly established at the time and because … The defense of qualified immunity shields government officials from personal liability “ ‘insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would

Jody Lombardo v. City of St. Louis

38 F.4th 684 · Court of Appeals for the Eighth Circuit · Jun 29, 2022

In concluding that the officers were entitled to qualified immunity due to the lack of a clearly established right, we stated that, under the cases in this circuit addressing prone restraint, “there is no clearly established … Because the right at issue was not clearly established, the officers are entitled to qualified immunity.

Glover v. Gartman

899 F. Supp. 2d 1115 · District Court, D. New Mexico · Sep 27, 2012

Clearly Established Rights in the Qualifted Immunity Analysis. … The Supreme Court has clarified that the clearly established prong of the qualified immunity test is a very high burden for the plaintiff: “A Government official’s conduct violates clearly established law when, at the time

Breidenbach v. Bolish

126 F.3d 1288 · Court of Appeals for the Tenth Circuit · Oct 10, 1997

Agent Gesi moved to dismiss the action on qualified immunity grounds, arguing that the plaintiffs failed to allege facts sufficient to demonstrate that Agent Gesi violated a clearly established constitutional right. … Once the defendant raises a qualified immunity defense, the plaintiff assumes the burden of showing that the defendant has violated clearly established law. See Pueblo Neighborhood Health Ctrs., Inc. v.

Torner v. Reagen

437 N.W.2d 553 · Supreme Court of Iowa · Mar 22, 1989

Although that holding became binding on the department, it did not amount to a holding that the legal principle was clearly established so as to deprive the commissioner of qualified immunity. … By no stretch could it be said that Bernice’s right to a termination hearing was clearly established. It follows that the commissioner was entitled to qualified immunity as a matter of law.

Dennis v. City of Phila.

379 F. Supp. 3d 420 · District Court, E.D. Pennsylvania · May 15, 2019

Borough of Nesquehoning , 905 F.3d 711 , 719 (3d Cir. 2018) (explaining that the qualified immunity inquiry was whether the right at issue in that case was clearly established at the time the alleged conduct occurred). … They argue that because it was not clearly established in 1992 that police officers had any Brady obligations, the Defendant detectives are entitled to qualified immunity. Id.

Hensley Ex Rel. North Carolina v. Price

876 F.3d 573 · Court of Appeals for the Fourth Circuit · Nov 17, 2017

clearly established law. … It contains no argument on the "clearly established” prong of the qualified immunity test. It contains no citation to cases actually applying the "clearly established” prong of the qualified immunity test.

Montelongo v. City of Modesto

District Court, E.D. California · Jun 15, 2021

Qualified Immunity 22 Qualified immunity shields officials from civil liability where a reasonable officer would 23 not have known that his conduct violated a clearly established right. … established law.”). 24 Officer Wallace is not entitled to summary judgment based on qualified immunity 25 because, as established previously, there is a material issue of fact as to whether Officer Wallace 26

Ramirez v. Escajeda

44 F.4th 287 · Court of Appeals for the Fifth Circuit · Aug 10, 2022

Qualified immunity shields an officer from liability if his “conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Pearson v. … Escajeda next argues that, fact disputes aside, he is still entitled to qualified immunity because his use of force did not violate any clearly established constitutional right. We agree.

Vaughan v. Florida Department of Agriculture & Consumer Services

920 So. 2d 650 · District Court of Appeal of Florida · Dec 21, 2005

The essential qualified immunity issue in this appeal is whether, at the time of the incident, the law clearly established that a warrant was required for the search of Vaughan’s property and whether, by entering his yard … inspector to render the law, establishing that a warrant was needed, not yet clearly established.

Petcu v. State

86 P.3d 1234 · Court of Appeals of Washington · Mar 30, 2004

Finally, he argued that Smith was not entitled to qualified immunity because she violated Petcu's clearly established right to family unity. … Once a defendant asserts a defense of qualified immunity, the plaintiff must show that a clearly established constitutional right exists. Robinson, 119 Wash.2d at 65-66 , 830 P.2d 318 .

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.

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)

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.

Tesla Inc. v. Louisiana Automobile Dealers Association

District Court, E.D. Louisiana · Mar 7, 2025

The Impact of Asserting Qualified Immunity on Discovery When dismissal is sought on the grounds of qualified immunity, however, a stay of discovery is virtually routine because a defendant pleading qualified … immunity operates to stay discovery only as to the defendants asserting qualified immunity, not to co-defendants or on other claims not subject to qualified immunity.

(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