Case law
Opinions from 1658 to today.
10,000+ results
5.68s
Marcus Blazek v. Juan Santiago
761 F.3d 920 · Court of Appeals for the Eighth Circuit · Aug 5, 2014
Qualified immunity shields a public official from liability for civil damages when his “conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … The officers are entitled to qualified immunity unless (1) the evi *923 dence, viewed in the light most favorable to Blazek, establishes a violation of a constitutional or statutory right, and (2) the right was clearly established
Cited 104 timesPublished937 F. Supp. 2d 706 · District Court, E.D. Virginia · Apr 1, 2013
However, the same qualified immunity test that requires this Court to ask “whether a given right was clearly established requires [the Court] to define that right ‘at a high level of particularity.’ ” Id. … immunity because the controlling law was not “clearly established.”
Cited 19 timesPublished192 F. Supp. 3d 655 · District Court, W.D. Virginia · Jun 14, 2016
State officers are entitled to qualified immunity from civil liability for performing discretionary functions only insofar as their conduct “does not violate clearly established statutory or constitutional rights of which … To defeat qualified immunity in the mental health seizure context, a plaintiff must show that the “right allegedly violated was ‘clearly established’ in more than just a general sense.” Id.
Cited 4 timesPublished616 F.3d 855 · Court of Appeals for the Eighth Circuit · Aug 17, 2010
unlawfulness of his conduct was not clearly established. … The defendants filed a notice of appeal setting out three issues: “(1) qualified immunity and whether the law was clearly established; (2) Monell liability; and (3) reversal of the Order bifurcating the . . . claims [against
Cited 108 timesPublished701 F.3d 1322 · Court of Appeals for the Tenth Circuit · Dec 18, 2012
Judge Robinson then turned to qualified immunity. … Furthermore, we harbor some doubt that Judge Belot’s denial of qualified immunity turned solely on whether the law was clearly established.
Cited 160 timesPublishedDistrict 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
Cited 0 timesUnknownDistrict Court, S.D. Illinois · Sep 25, 2023
Qualified Immunity Finally, Defendants argue that they are entitled to qualified immunity. … Qualified immunity shields government officials from liability for civil damages when “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would
Cited 0 timesUnknownVanessa Cole v. Dennis Hutchins
959 F.3d 1127 · Court of Appeals for the Eighth Circuit · May 28, 2020
“Our jurisdiction to consider an appeal of an order denying summary judgment based on qualified immunity is limited to the purely legal issue of whether the facts . . . alleged support a claim of violation of clearly established … The law was clearly established in two respects relevant here.
Cited 50 timesPublishedMichael Matzell v. Anthony J. Annucci
64 F.4th 425 · Court of Appeals for the Second Circuit · Apr 4, 2023
Qualified Immunity Qualified immunity shields government officials from liability for money damages for violation of a right under federal law if "their conduct does not violate clearly established statutory … Qualified immunity bars a plaintiff's claim unless (1) the official violated a statutory or constitutional right, and (2) that right was clearly established at the time of the challenged conduct. Francis v.
Cited 64 timesPublished361 F. Supp. 3d 376 · District Court, D. New Jersey · Jan 17, 2019
could clearly establish a right for purposes of qualified immunity." … Thus, to establish qualified immunity, the MCPO Defendants are expected to address these cases and any similar cases in showing whether the rights implicated by this case may be considered clearly established.
Cited 24 timesPublishedJain v. Bd. Of Educ. Of Butler School Dist. 53
366 F. Supp. 3d 1014 · District Court, E.D. Illinois · Mar 12, 2019
. 5 In general, qualified immunity shields public officials from liability for civil damages " 'insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … of qualified immunity. 6 C.
Cited 7 timesPublishedDaily Services, LLC v. Tracy Valentino
756 F.3d 893 · Court of Appeals for the Sixth Circuit · Jun 26, 2014
Qualified Immunity’s Clearly Established Law and Parratt Our qualified immunity analysis first addresses the sole basis for the district court’s decision: whether Daily Services’ claimed constitutional right was “clearly … The applicability of Parratt , then, is irrelevant to the clearly established prong of the qualified immunity analysis.
Cited 170 timesPublished135 F.4th 19 · Court of Appeals for the Second Circuit · Apr 24, 2025
Linton contends “that Amnesty America clearly established law for qualified immunity purposes.” Appellant Br. at 30 n.8. … Town of West Hartford clearly established a right for qualified immunity purposes, consistent with our holding in Edrei v.
Cited 27 timesPublished996 F.3d 1140 · Court of Appeals for the Eleventh Circuit · May 6, 2021
The District Court agreed that Collier was entitled to qualified immunity with respect to the federal claims because, assuming Collier violated Fuqua’s Fourth Amendment rights, the violation was not clearly established … Qualified immunity protects government 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
Cited 44 timesPublished281 Mont. 341 · Montana Supreme Court · Mar 10, 1997
Qualified immunity shields government officials performing discretionary functions from civil damages "'insofar as their conduct does not violate clearly established statutory or … As discussed above, our threshold inquiry in addressing qualified immunity is whether the due process right arising from Orozco's liberty interest in good time credits was clearly established
Cited 23 timesPublished288 F. Supp. 3d 970 · District Court, D. Nebraska · Jan 24, 2018
"Clearly established" for purposes of qualified immunity "should not be defined at a high level of generality ... [but] must be particularized to the facts of the case." Lyons v. … violated a clearly established constitutional right."
Cited 5 timesPublishedScott Peatross v. City of Memphis
818 F.3d 233 · Court of Appeals for the Sixth Circuit · Mar 29, 2016
violated clearly established law.”) … Cupp, 430 F.3d 766, 774 (6th Cir. 2005), the right is clearly established.
Cited 756 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 timesUnpublishedTesla 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.
Cited 0 timesUnknown945 F.3d 1276 · Court of Appeals for the Tenth Circuit · Dec 27, 2019
A court can consider the two qualified-immunity inquiries—whether the plaintiff has established a statutory or constitutional violation and whether that violation was clearly established—in any order. See Pearson v. … Because this claim adequately alleges a clearly established Fourteenth Amendment violation, the district court correctly denied Moralez qualified immunity from it. 1.
Cited 110 timesPublished
Ask Donna