Case law

Bell v. Luna

856 F. Supp. 2d 388 · District Court, D. Connecticut · Mar 1, 2012

. § 1983 , and that they should in any case be granted qualified immunity, as Mr. Bell’s allegedly infringed rights were not ones clearly established at the time the actions took place. … The Second Circuit has not decided whether an unpublished summary order can serve to "clearly establish” the law for qualified immunity purposes. See David R.

Romer v. Morgenthau

119 F. Supp. 2d 346 · District Court, S.D. New York · Sep 26, 2000

absolute or qualified immunity. … See discussion supra; Harlow, 457 U.S. at 818 , 102 S.Ct. 2727 (allowing qualified immunity if defendant “does not violate clearly established” rights of which “a reasonable person would have known”).

Durso v. Taylor

624 A.2d 449 · District of Columbia Court of Appeals · Jan 29, 1993

“A plaintiff who seeks damages for violation of constitutional or statutory rights may overcome the defendant official’s qualified immunity only by showing that those rights were clearly established at the time of the conduct … Qualified immunity: objective legal reasonableness. Even if Durso had violated Taylor’s right to due process, we hold that he had qualified immunity for his actions.

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.

John E. Green v. J. Kenneth Brantley, Edgar v. Lewis, Craig R. Smith, Garland P. Castleberry

941 F.2d 1146 · Court of Appeals for the Eleventh Circuit · Sep 12, 1991

The doctrine of qualified immunity affords immunity from suit to government officials performing discretionary functions as long as “their conduct does not violate clearly established statutory or constitutional rights of … that make out violations of clearly established law.

Henry v. Purnell

619 F.3d 323 · Court of Appeals for the Fourth Circuit · Sep 24, 2010

immunity defense based on whether the law is “clearly established” is a separate and required judicial action. 12 *337 The contours of that qualified immunity inquiry were laid out in Saucier. … Second, we have found no support for the proposition that a dissent may propound clearly established law for purposes of determining qualified immunity.

Kedra v. Schroeter

161 F. Supp. 3d 359 · District Court, E.D. Pennsylvania · Feb 18, 2016

Under these circumstances, the vio-lative nature of Defendant’s alleged conduct has not been clearly established, and so Defendant is necessarily entitled to qualified immunity. IV. … at issue was clearly established.

Welch v. Spaulding

627 F. App'x 479 · Court of Appeals for the Sixth Circuit · Sep 30, 2015

immunity because Welch failed to show that they violated a clearly established statutory or constitutional right. … . —, 134 S.Ct. 2012, 2023 , 188 L.Ed.2d 1056 (2014) (“An official sued under § 1983 is entitled to qualified immunity unless it is shown that the official violated a statutory or constitutional right that was ‘clearly established

Easter v. Powell

467 F.3d 459 · Court of Appeals for the Fifth Circuit · Oct 10, 2006

decide if the defendant’s conduct was objectively reasonable in light of the clearly established law at the time of the incident.11 A government official is entitled to qualified immunity if either (1) the plaintiff failed … When a government official violates a constitutional right, the official is nevertheless entitled to qualified immunity if his or her conduct is objectively reasonable in light of clearly established law.27 A law is “clearly

William Felkner v. Rhode Island College

Supreme Court of Rhode Island · Apr 20, 2023

Further, Felkner argues that qualified immunity does not apply to his request for equitable relief and that defendants are not entitled to qualified immunity because Felkner’s constitutional rights were established by … does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’”

Smith v. Kansas City, Missouri Police Department

586 F.3d 576 · Court of Appeals for the Eighth Circuit · Nov 9, 2009

. *580 Qualified immunity shields government actors from suit unless their conduct violates clearly established constitutional or statutory rights that a reasonable person would have known. Henderson v. … was clearly established at the time of the deprivation.”

Ex parte B.T. Roberts, in his capacity as a member of the Auburn University Board of Trustees PETITION FOR WRIT OF MANDAMUS (In re: Patti H. Northcutt and Walter M. Northcutt v. B.T. Roberts, in his capacity as a member of the Auburn University Board of Trustees) (Lee Circuit Court: CV-22-900114).

Supreme Court of Alabama · Jun 27, 2025

'To overcome qualified immunity, the plaintiff must satisfy a two-prong test; he must show that: (1) the [public official] violated a constitutional right, and (2) this right was clearly established at the … as follows: "To defeat Lawton's qualified immunity, Echols must also prove that Lawton violated a constitutional right that 'was "clearly established" at the time of the challenged conduct.'

Randall v. Scott

610 F.3d 701 · Court of Appeals for the Eleventh Circuit · Jun 30, 2010

Alternatively, even if the allegations in the complaint were sufficent to establish a First Amendment violation, the court concluded that Scott was entitled to qualified immunity because she did not violate clearly established … claim for violation of his First Amendment rights; and (3) Scott is entitled to qualified immunity because Randall’s constitutional rights at issue were not clearly established at the time of Scott’s alleged misconduct

Estate of Hill ex rel. Hill v. Miracle

853 F.3d 306 · Court of Appeals for the Sixth Circuit · Apr 4, 2017

Miracle’s qualified-immunity defense Qualified immunity shields “government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which … Miracle is therefore entitled to qualified immunity on Hill’s § 1983 claim of excessive force. 2. Hill’s Fourth Amendment right was not clearly established.

Moody v. City of Key West

805 So. 2d 1018 · District Court of Appeal of Florida · Dec 26, 2001

In order for the plaintiffs to overcome the claim of qualified immunity, the plaintiffs must show that the defendant officers violated clearly established law of *1022 which a reasonable person would have known. … As the case law has explained: For the law to be clearly established to the point that qualified immunity does not apply, the law must have earlier been developed in such a concrete and factually defined context to make it

Dokman v. County of Hennepin

637 N.W.2d 286 · Court of Appeals of Minnesota · Dec 18, 2001

A governmental official performing discretionary functions is entitled to qualified immunity if the official’s conduct does not violate clearly established constitutional or statutory rights that a reasonable person would … Evaluating a claim of qualified immunity involves two inquiries: (1) “whether the plaintiff has alleged the violation of a clearly established constitutional right”; and (2) whether an officer could reasonably have believed

Damon Wilson v. Prince George's County, Md

893 F.3d 213 · Court of Appeals for the Fourth Circuit · Jun 18, 2018

Nevertheless, we affirm the district court’s determination that Officer Gill is entitled to qualified immunity, because we hold that the constitutional violation was not clearly established when the incident occurred. … A right need not be recognized by a court in a specific factual context before such right may be considered “clearly established” for purposes of qualified immunity.

Clayborne v. Brown

District Court, C.D. Illinois · Mar 20, 2023

violation; and (2) the constitutional right was clearly established at the time of the alleged violation. … But where the law was clearly established, both qualified immunity questions must be addressed. Id.

Estate of Madison Jody Jensen v. Clyde

989 F.3d 848 · Court of Appeals for the Tenth Circuit · Mar 2, 2021

right was clearly established at the time in question. … Jensen’s rights, those rights were not clearly established.

Barboza v. D'Agata

151 F. Supp. 3d 363 · District Court, S.D. New York · Sep 10, 2015

In this Circuit, even if the right was clearly established, an.officer is entitled to qualified immunity if it was objectively. reasonable for the officer to believe the conduct at issue was lawful, Gonzalez v. … That’s the first prong of the qualified immunity test. *371 I also find that plaintiffs right not to be arrested for the expression at issue was clearly established.