Case law

Pasco Ex Rel. Pasco v. Knoblauch

566 F.3d 572 · Court of Appeals for the Fifth Circuit · Apr 28, 2009

The district court denied summary judgment based on its findings that Knoblauch had waived his qualified immunity defense by failing to raise it in a timely fashion, and that Knoblauch violated clearly established Fourth … facts amount to a violation of clearly established law.”

Pauley v. Anchorage School District

31 P.3d 1284 · Alaska Supreme Court · Oct 5, 2001

Where it is alleged that an official has violated a statute, qualified immunity may be overcome "if the officials have violated 'clearly established' law, unless the officials can prove that they non-negligently were not … In claims of excessive force brought against a police officer qualified immunity will be sustained if "a reasonable official could have believed the challenged conduct was lawful in light of clearly established law and the

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.

Kemp v. Liebel

229 F. Supp. 3d 828 · District Court, S.D. Indiana · Jan 20, 2017

To survive summary judgment on qualified immunity grounds, therefore, Plaintiffs must establish that the right they claim was clearly established in this judicial circuit. Jacobs, 215 F.3d at 767. … Thus we hold that Plaintiffs have failed to meet the “clearly established” standard sufficient to defeat Mr. Liebel’s qualified immunity defense to their claims.

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.

Booth v. City of Dallas

312 F.R.D. 427 · District Court, N.D. Texas · Dec 18, 2015

“The doctrine of qualified immunity shields ‘government officials performing discretionary functions ... from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … That is, even if a government official’s conduct violates a clearly established right, the official is entitled to immunity if his conduct was objectively reasonable. See Davis v.

Caretolive v. Von Eschenbach

525 F. Supp. 2d 952 · District Court, S.D. Ohio · Dec 4, 2007

Qualified Immunity Qualified immunity protects government officials performing discretionary functions from suit for damages as long as their conduct “does not violate clearly established statutory or constitutional rights … Instead, to establish that a right was clearly established in a qualified immunity analysis, this Court must look first to the decisions of the United States Supreme Court and then to the case law of this circuit.

Stramaski v. Lawley

44 F.4th 318 · Court of Appeals for the Fifth Circuit · Aug 11, 2022

Bratch, 287 F.3d 673, 681–82 & n.13 (8th Cir. 2002) (rejecting qualified immunity defense because FMLA creates clearly established rights but stating defendant did not raise argument regarding application of qualified immunity … immunity because she does not allege that Lawley violated a clearly established law.

Taylor v. LeBlanc

68 F.4th 223 · Court of Appeals for the Fifth Circuit · May 15, 2023

LeBlanc appeals the denial of qualified immunity arguing, inter alia, that his conduct wasn’t objectively unreasonable in light of clearly established law. … Lambert, 921 F.3d 215, 219 (5th Cir. 2019) (qualified immunity turns on whether defendant’s conduct is “objectively unreasonable in light of clearly established law”); Hinojosa v.

McMullen v. Starkville Oktibbeha Consolidated School District

200 F. Supp. 3d 649 · District Court, N.D. Mississippi · Jul 29, 2016

To raise qualified immunity, “[a]n officer need only plead his good faith, which then shifts the burden to the plaintiff, who must rebut the defense by establishing that the officer’s allegedly wrongful conduct violated clearly … A civil rights “plaintiff can overcome a qualified immunity defense by showing (1) that the official violated a statutory or constitutional right, and (2) that the right was ‘clearly established’ at the time of the challenged

Thomas Cannon v. Village of Bald Head Island

891 F.3d 489 · Court of Appeals for the Fourth Circuit · May 30, 2018

“Because the first two prongs of the test are questions of law, an employer is entitled to qualified immunity if either prong cannot be resolved under clearly established law.” Crouse, 848 F.3d at 583. … In sum, under our qualified immunity analysis, at the time of the disclosures this Court’s precedent clearly established that the allegedly stigmatizing statements were made public by Peck.

Sundquist v. Nebraska

122 F. Supp. 3d 876 · District Court, D. Nebraska · Aug 10, 2015

Schuldt and Vierk contend that, in 2013, it was not clearly established that this violated Sundquist’s rights, and therefore, they argue, they are entitled to qualified immunity. … The doctrine of 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

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.

Jones v. Marcum

197 F. Supp. 2d 991 · District Court, S.D. Ohio · Mar 11, 2002

is per se violative of a “clearly established” right. … The ultimate, more particularized question in the qualified immunity context is whether Jones’ had a clearly established right under the facts as he states them. This case falls into the realm of Brandenburg .

Corum v. University of North Carolina

330 N.C. 761 · Supreme Court of North Carolina · Jan 31, 1992

After filing an answer containing defenses, which included sovereign immunity and qualified immunity, defendants moved for summary judgment. … This is because “[i]f the law was clearly established, the immunity defense ordinarily should fail, since a reasonably competent public official should know the law governing his conduct.”

Lucas v. The City of Reynoldsburg

District Court, S.D. Ohio · Jun 2, 2025

because they violated no clearly established right. … Thus, an official sued under 42 U.S.C. § 1983 is entitled to qualified immunity unless the plaintiff shows that the official violated a statutory or constitutional right that was “clearly established” at the time of the

Crawford v. Geiger

131 F. Supp. 3d 703 · District Court, N.D. Ohio · Sep 22, 2015

The Sixth Circuit has summarized the doctrine of qualified immunity and related principles: Qualified immunity shields government officials from liability for civil damages if their actions did not violate clearly established … before trial whether the defendant did acts that violate clearly established rights.”

Harris v. City of Balch Springs

9 F. Supp. 3d 690 · District Court, N.D. Texas · Mar 28, 2014

Conversely, an official’s conduct is not protected by qualified immunity if, in light of clearly established pre-existing law, it was apparent the conduct, when undertaken, would be a violation of the right at issue. … If “the pleadings on their face show an unreasonable violation of a clearly established constitutional right,” assertion of a qualified immunity defense is insufficient to sustain a Rule 12(b)(6) motion to dismiss.

Attocknie Ex Rel. M.P. v. Smith

798 F.3d 1252 · Court of Appeals for the Tenth Circuit · Aug 24, 2015

Cherry’s entry of Aaron’s home was clearly contrary to well-established law. He is not entitled to qualified immunity on the claim of unlawful entry. … It then summarizes his view of the law of qualified immunity but concludes that “[t]he second stage of qualified immunity analysis, whether a right was ‘clearly established’ need not even be performed, as Defendant Smith

Amore v. Novarro

624 F.3d 522 · Court of Appeals for the Second Circuit · Jun 22, 2010

Government officials are entitled to 2 qualified immunity "insofar as their conduct does not violate 3 clearly established statutory or constitutional rights of which a 4 reasonable person would have known." … Ct. at 813 ("We now hold that the Saucier procedure should not be regarded as an inflexible requirement and that petitioners are entitled to qualified immunity on the ground that it was not clearly established