Case law

Mohamed Elhassan Mohamed, M. v. Irving Indep. Sch. Dist.

300 F. Supp. 3d 857 · District Court, N.D. Texas · Mar 13, 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. … "[T]o evaluate the 'clearly established law' prong of the qualified immunity test, the court must ask whether, at the time of the incident, the law clearly established that such conduct would violate the right."

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

Ex parte State Board of Education

219 So. 3d 604 · Supreme Court of Alabama · Sep 9, 2016

Richardson’s actions violated the respondents’ clearly established rights, rendering qualified immunity inappropriate. *616 In analyzing whether a right is clearly established, we must consider whether preexisting law at … The United States Court of Appeals for the Eleventh Circuit has stated that, within that circuit, “the law can be ‘clearly established’ for qualified immunity purposes only by decisions of the U.S.

City of San Juan v. Gonzalez

22 S.W.3d 69 · Texas Court of Appeals, 13th District · Jun 1, 2000

the officers are entitled to qualified immunity under federal law as their actions in effecting appellee’s arrest were lawful in light of clearly established law and the information possessed by the officers at the time … If there is, we determine whether the government official’s “actions were objectively reasonable in light of clearly established law,” entitling him to qualified immunity. Id.

Christopher Majors v. City of West Des Moines

Court of Appeals for the Eighth Circuit · Jun 25, 2026

McCrystal, 708 F.3d 997, 1007–08 (8th Cir. 2013) (denying officer qualified immunity after plaintiff established a Franks violation), abrogation on other grounds recognized by Laney v. City of St. … establish probable cause if the allegedly false information were ignored.

Vollette v. Watson

937 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.”

Shannon v. Koehler

616 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

Stewart v. Beach

701 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.

(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

Dixon v. Baldwin

District 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

Sterling Hotels, LLC v. Scott McKay

71 F.4th 463 · Court of Appeals for the Sixth Circuit · Jun 22, 2023

To overcome McKay’s assertion of qualified immunity at this stage, Sterling need only plausibly allege that McKay violated its clearly established constitutional rights. … McKay’s potential individual liability for a regulatory takings claim was not clearly established when he sealed the elevators. That means McKay is entitled to qualified immunity on this claim.

Vanessa 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.

Murphy v. Middlesex Cnty.

361 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.

Daily 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.

Jain 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.

Michael 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.

Linton v. Zorn

135 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.

Cronin v. Peterson

288 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."

Scott 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.

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.