Case law

Eric Thurairajah v. Bill Hollenbeck

925 F.3d 979 · Court of Appeals for the Eighth Circuit · Jun 3, 2019

The district court denied qualified immunity on both claims after concluding Trooper Cross’s arrest violated Thurairajah’s clearly established constitutional rights. II. … Qualified immunity will shield a state actor, like Trooper Cross, from legal liability unless: (1) he violated a constitutional right, and (2) that constitutional right was clearly established so that a reasonable officer

Ramirez v. Killian

113 F.4th 415 · Court of Appeals for the Fifth Circuit · Aug 15, 2024

When a defendant pleads qualified immunity as a defense, the plaintiff “must rebut the defense by establishing a genuine fact issue as to whether the official’s allegedly wrongful conduct violated clearly established law. … light of “clearly established law.”

Estate of Clemente Najera Aguirre v. County of Riverside

131 F.4th 702 · Court of Appeals for the Ninth Circuit · Mar 11, 2025

We have held “that the ‘clearly established’ prong of the qualified immunity analysis is a matter of law to be decided by a judge.” Reese v. Cnty. of Sacramento, 888 F.3d 1030, 1037 (9th Cir. 2018) (quoting Morales v. … Clearly Established Law Assessing qualified immunity after a jury verdict turns on the second, “clearly established” prong, which requires deference to the jury’s view of the facts. See A.D., 712 F.3d at 456.

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.

Alvarez v. Worcester

District Court, D. Massachusetts · Mar 27, 2020

Qualified Immunity The Court declines to dismiss Counts II or V on qualified immunity grounds.8 These claims relate to the fabrication of evidence and malicious prosecution based on this evidence … Condon, 372 F.3d at 48, Defendants have not shown entitlement to qualified immunity at this stage in the litigation.

Florine Ching v. Ofc. Neal Walsh

73 F.4th 617 · Court of Appeals for the Eighth Circuit · Jul 13, 2023

In a § 1983 action, an officer is entitled to qualified immunity unless: (1) the officer’s conduct violated a constitutional right, and (2) that right was clearly established. Manning v. … Because, after Jordan posed a threat to Walsh, it was not clearly established that Walsh’s continuous shooting, which lasted less than two seconds, violated a constitutional right, Walsh is entitled to qualified immunity.

Hill v. D.J. Taylor

District Court, N.D. Illinois · Jan 3, 2023

Defendants also assert that they are entitled to qualified immunity. A. … Qualified immunity is available to protect the Officers from liability unless it can be shown by Plaintiff that the Officers violated a clearly established right, based on closely analogous cases illustrating that the Officers

Swedlund v. Foster

657 N.W.2d 39 · South Dakota Supreme Court · Jan 15, 2003

Otherwise, the protection of qualified immunity is effectively lost if there must be a trial to establish that no trial is necessary. Saucier v. … The test articulated by this Court in Hart is similar: “To find whether qualified immunity applies, the test is to ask if the officer’s conduct violated clearly established statutory or constitutional rights a reasonable

Randy Cole v. Michael Hunter

905 F.3d 334 · Court of Appeals for the Fifth Circuit · Sep 25, 2018

of the unlawfulness of his or her conduct. 16 The officer is entitled to qualified immunity if there is no violation, or if the conduct did not violate law clearly established at the time. 17 12 136 S. … established law. 21 We will not revisit the first part of the qualified immunity inquiry in connection with any of the Coles’ claims, nor the question of clearly established law as regards the Coles’ Fourteenth Amendment

July v. Penzone

District Court, D. Arizona · Apr 5, 2021

complaint or portion thereof if a plaintiff 7 has raised claims that are legally frivolous or malicious, that fail to state a claim upon which 8 relief may be granted, or that seek monetary relief from a defendant who is immune … Lockyer, 568 F.3d 1063, 1070 (9th 23 Cir. 2009) (finding defendants entitled to qualified immunity because “[violations of] state 24 departmental regulations do not establish a federal constitutional violation”). 25

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.

Ohio Civil Service Employees Association v. Richard P. Seiter

858 F.2d 1171 · Court of Appeals for the Sixth Circuit · Oct 4, 1988

The court stated that this decision added to the evidence that clearly established the protected right in this case. Until recently, the controlling Supreme Court case on qualified immunity, Wood v. … Whether an official may prevail in his qualified immunity defense depends upon the “objective reasonableness of [his] conduct as measured by reference to clearly established law.”

Jackson v. State Ex Rel. Dept. of Corrs.

785 So. 2d 803 · Supreme Court of Louisiana · May 15, 2001

The defendant pleading qualified immunity is entitled to dismissal before the beginning of discovery if the plaintiff's allegations do not state a claim of violation of clearly established law. … If the court determines that the law was clearly established at the time the action occurred, the Harlow analysis requires the public official claiming immunity to show that, because of extraordinary circumstances, "he neither

Williams v. Bitner

455 F.3d 186 · Court of Appeals for the Third Circuit · Jul 25, 2006

We are asked to determine whether, for the purposes of qualified immunity, the conduct alleged by Williams constituted a violation of his “clearly established” rights. … Long, 72 F.3d 70, 72-74 (8th Cir. 1995) (denying qualified immunity because Muslim inmates had a clearly established right not to be forced to handle pork); Kenner v.

Cunningham v. Kramer

178 F. Supp. 3d 999 · District Court, E.D. California · Apr 15, 2016

The doctrine of qualified immunity protects government officials from civil liability where “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known … O’Neill held that,'under circumstances substantially identical to those asserted here, Defendants are entitled to qualified immunity on the ground that law was not “clearly established” that inmates have a constitution right

Decotiis v. Whittemore

635 F.3d 22 · Court of Appeals for the First Circuit · Mar 24, 2011

Qualified Immunity The district court held that Defendant Whittemore, in her individual capacity, is entitled to qualified immunity because the law was not so clearly established as to put Whittemore on fair … A plaintiff may overcome qualified immunity by first making out the violation of a constitutional right, and second, establishing that the "right was 'clearly established' at the time of the defendant's alleged violation

Hunter v. Town of Edwards

871 F. Supp. 2d 558 · District Court, S.D. Mississippi · May 16, 2012

were clearly established at the time it was taken.”) … unreasonable in the light of that then clearly established law.”

Littles v. Commissioner of Correction

444 Mass. 871 · Massachusetts Supreme Judicial Court · Aug 12, 2005

The doctrine of qualified immunity generally shields public officials from liability for civil damages for the performance of discretionary functions, “insofar as their conduct does not violate clearly established statutory … if so, the inquiry shifts to whether the right was so clearly established *879 that it would be plain to a reasonable official that his conduct was unlawful.

Hawkins v. State

117 N.C. App. 615 · Court of Appeals of North Carolina · Feb 7, 1995

Under the doctrine of qualified immunity, the plaintiff bears the burden of establishing that the right violated was clearly established. Clark v. Link, 855 F.2d 156, 160 (4th Cir. 1988). … Accordingly, defendants did not violate any clearly established due process rights in terminating plaintiff and defendants are entitled to qualified immunity as to plaintiff’s Fourteenth-Amendment due process claim. C.

(PC) Calloway v. Nieves

District Court, E.D. California · Jun 21, 2022

Lastly, defendants contend that they are entitled to 14 qualified immunity because their conduct did not violate clearly established federal law. … Qualified Immunity 22 “Government officials enjoy qualified immunity from civil damages unless their conduct 23 violates ‘clearly established statutory or constitutional rights