Case law

Parker v. Armstrong

District Court, W.D. Texas · Aug 7, 2024

Qualified immunity bars suit against officers in their official capacity from liability for civil damages so long as their conduct does not violate a clearly established statutory constitutional right. … Jones, 922 F.3d 309, 318 (5th Cir. 2019) (holding that before the qualified immunity inquiry discretionary authority must be 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

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.

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.

Estate of Lockett ex rel. Lockett v. Fallin

841 F.3d 1098 · Court of Appeals for the Tenth Circuit · Nov 15, 2016

Qualified Immunity All Appellees claim that they are entitled to qualified immunity. Qualified immunity protects government, officials from suit, not just from liability. Mitchell v. … Thus, Appellees have violated no clearly established law. D. Quasi-Judicial Immunity Dr.

United States v. Rivera

658 F.3d 1073 · Court of Appeals for the Ninth Circuit · Sep 23, 2011

qualifies as a predi- cate offense. … “Our purpose is to determine whether documentation or judicially noticeable facts clearly establish that the defendant pleaded guilty to facts covered by the predicate offense.” Id. at 968.

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

Martin v. Hallum

2010 Ark. App. 193 · Court of Appeals of Arkansas · Feb 24, 2010

Toward this end, police officers have qualified immunity from liability in their individual capacity unless they violate a clearly established right of which a reasonable person would know. Harlow v. … A motion for summary judgment based upon qualified immunity is precluded only when the plaintiff has asserted a constitutional violation, demonstrated that the constitutional right is clearly established, and raised a genuine

Talley v. Brentwood Union Free School District

728 F. Supp. 2d 226 · District Court, E.D. New York · Aug 4, 2010

Qualified Immunity in General “Qualified immunity shields government officials performing discretionary functions ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or … “[E]ven where the law is ‘clearly established’ and the scope of an official’s permissible conduct is ‘clearly defined,’ the qualified immunity defense also protects an official if it was ‘objectively reasonable’ for him at

Morgan v. Wilson

District Court, W.D. Arkansas · Aug 5, 2022

Judicial Immunity “Few doctrines were more solidly established at common law than the immunity of judges for liability for damages for acts committed within their judicial … entitled to qualified immunity).

Oliver v. Dep't of Pub. Safety & Corr. Servs.

350 F. Supp. 3d 340 · District Court, D. Maryland · Nov 28, 2018

Qualified immunity shields *352 government officials from liability for civil damages as long as "their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have … Because the plaintiff's right not to *353 be listed in the MSOR was not clearly established at the time the alleged violation occurred, qualified immunity insulates the individual defendants in this case from liability under

Mann Ex Rel. Estate of Mann v. Palmerton Area School District

872 F.3d 165 · Court of Appeals for the Third Circuit · Sep 22, 2017

In addressing the clearly established prong of the qualified immunity inquiry, we must define the right allegedly violated at the appropriate level of specificity. Sharp v. … We granted qualified immunity to the gym teacher, concluding that a child did not have a clearly established right to dry-drowning intervention protocols while participating in gym class. Id. at 641.

Kirstin Johnson v. Kierstie Barr

79 F.4th 996 · Court of Appeals for the Ninth Circuit · Jul 6, 2023

the law did not clearly establish that probable cause was lacking. … law did not clearly establish that probable cause was lacking.

Darnell Hines v. Ashrafe Youseff

914 F.3d 1218 · Court of Appeals for the Ninth Circuit · Feb 1, 2019

So for the officials here to lose qualified immunity, it would have to have been clearly established that treating people of all races the same violated the Equal Protection Clause. … So we conclude that the defendants are entitled to qualified immunity. The rights that the inmates claim were not clearly established when the officials acted. Granting leave to amend would be futile.

McCoy v. Meyers

887 F.3d 1034 · Court of Appeals for the Tenth Circuit · Apr 10, 2018

“The second prong of the qualified-immunity analysis asks whether the right in question was clearly established at the time of the violation.” Id. at 1866 (quotations omitted). … McCoy’s clearly established right to be free from the continued use of force after he was effectively subdued. We address both steps of the qualified immunity analysis. a.

Brian Yates v. Christopher Terry

817 F.3d 877 · Court of Appeals for the Fourth Circuit · Mar 31, 2016

Qualified immunity “shields government officials from liability for civil damages, provided that their conduct does not violate clearly established statutory or constitutional rights within the knowledge … However, a right need not be “recognized by a court in a specific context before such right may be held ‘clearly established’ for purposes of qualified immunity.”

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.”

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

Scott Rabin v. Michael Flynn

725 F.3d 628 · Court of Appeals for the Seventh Circuit · Jul 9, 2013

We find that the officers are entitled to qualified immunity on the unlawful arrest claim, because even if the officers had known what that type of license was, it still would have been reasonable under clearly established … “[A] court may grant qualified immunity on the ground that a purported right was not ‘clearly established’ by prior case law without first resolving whether the purported right exists.”

Burke v. Glanz

292 F. Supp. 3d 1235 · District Court, N.D. Oklahoma · Nov 9, 2017

With respect to the second component of the qualified immunity analysis, to show clearly established law, a plaintiff must generally identify a Supreme Court or Tenth Circuit opinion which existed at the time of the alleged … Glanz also argues that he is entitled to qualified immunity.