Case law

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.

Nowak v. Szwedo

704 F. Supp. 153 · District Court, N.D. Illinois · Jan 11, 1989

qualified immunity. … Defendants claim that qualified immunity relieves them of liability because at the time of their alleged actions there was no established case law upholding a First Amendment claim for retaliation as petty and far removed

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.

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.

Schmidt v. Stassi

250 F. Supp. 3d 99 · District Court, E.D. Louisiana · Apr 21, 2017

Governmental officers sued in their individual capacity are entitled to qualified immunity insofar as their conduct “did not violate clearly established statutory or constitutional rights of which a reasonable person would … Thus, the officers are entitled to qualified immunity on the filming claim because filming the exterior of a ear in a public parking lot did not violated clearly established constitutional law. V.

Ledea v. Metro-Dade County Police Department

681 F. App'x 728 · Court of Appeals for the Eleventh Circuit · Feb 27, 2017

To overcome qualified immunity, the plaintiff must show that: (1) the defendant violated a constitutional right; and (2) the right was clearly established at the time of the alleged violation. Id. at 1137 . … The officers do not assert the district court erred in its resolution of the second prong of qualified immunity—that the constitutional right was clearly established at the time of the violation.

Henes v. Morrissey

194 Wis. 2d 338 · Wisconsin Supreme Court · Jun 27, 1995

The relevant inquiry in a qualified immunity case is: [ W]hether a reasonable state official could have believed his or her act was constitutional "in light of clearly established law and the information [he or she] possessed … The standard of objective legal reasonableness used in determining qualified immunity requires the court to focus on the degree to which clearly established case law gives guidance to officials *347 faced with a particular

Scott v. Britton

16 S.W.3d 173 · Texas Court of Appeals, 1st District (Houston) · Apr 13, 2000

The doctrine of qualified immunity shields an official performing discretionary functions from liability for civil damages under section 1983, provided the official’s conduct does not violate clearly established constitutional … After a governmental official asserts the affirmative defense of qualified immunity, the burden shifts to the plaintiff to show that the defendant’s conduct violated clearly established statutory or constitutional rights

Henke v. Superior Court

161 Ariz. 96 · Court of Appeals of Arizona · May 10, 1989

under the defendant’s version of the facts the defendant’s conduct violated clearly established law, whether the law clearly proscribed the actions the defendant claims he took. 472 U.S. at 528 , 105 S.Ct. at 2816 , 86 L.Ed … of qualified immunity.

Primus

District Court, D. South Carolina · Feb 17, 2026

Plaintiff’s claim against Defendant in her individual capacity is further barred by qualified immunity as Plaintiff has not stated a constitutional violation. Harlow v. … Fitzgerald, 457 U.S. 800, 818 (1982) (noting that qualified immunity protects government officials performing discretionary functions from civil damage suits as long as the conduct in question does not “violate clearly

James Rieves v. Town of Smyrna, Tenn.

Court of Appeals for the Sixth Circuit · May 15, 2020

Qualified immunity protects government officials from civil suits for damages, so long as their conduct “does not violate clearly established statutory or constitutional rights of which a reasonable person would have known … On a general level, “[i]t is clearly established that an arrest without probable cause violates the Fourth Amendment.” Crockett v.

Johnson v. Morris

453 N.W.2d 31 · Supreme Court of Minnesota · Mar 23, 1990

Qualified immunity is available if the officer did “not violate clearly established stat *39 utory or constitutional rights of which a reasonable person would have known.” Harlow v. … Simply stated, if the law the officer allegedly violated was “clearly established” there would exist no immunity, but, if not, qualified immunity would be available. Harlow, 457 U.S. at 819 , 102 S.Ct. at 2738-39 .

Lubcke v. Boise City/Ada County Housing Authority

124 Idaho 450 · Idaho Supreme Court · Sep 9, 1993

Under Harlow , Worrell is entitled to qualified immunity only if she did not violate clearly established constitutional law. … Thus, Worrell should be immune from suit *465 if: a) it was not clearly established law in 1986 that a public employee may not be terminated for her exercise of her First Amendment rights, and b) it was not clearly established

City of Lancaster v. Chambers

37 Tex. Sup. Ct. J. 980 · Texas Supreme Court · Jun 15, 1994

judgment on qualified immunity is improper.”). … First, federal immunity may be conferred at the summary judgment stage by the court’s finding that the constitutional right at issue was not clearly established. Elder v.

Henson v. Foster

District Court, W.D. Arkansas · Feb 10, 2023

Qualified immunity “shields [a] government official from liability in a section 1983 action unless the official’s conduct violates a clearly established right of which a reasonable person would have known.” Brown v. … of whether the detainees rights were clearly established). 2.

Joshua Paul English v. Officer Jonathan Fowler

75 F.4th 1151 · Court of Appeals for the Eleventh Circuit · Jul 27, 2023

They argued that they are entitled to qualified immunity from the claim of ex- cessive force. … that violated clearly established law.”

Perea v. Baca

817 F.3d 1198 · Court of Appeals for the Tenth Circuit · Apr 4, 2016

Baca and Jaramillo timely appealed the denial of qualified immunity. … not violate clearly established law.

Carter v. Beebe

Court of Appeals for the Tenth Circuit · Jun 22, 2026

This argument may have merit on the first step of qualified immunity analysis—constitutional violation, but not the second—clearly established law. Mr. … that Chief Beebe violated clearly established constitutional law, Chief Beebe is entitled to qualified immunity on Mr.

Christopher H. Harris v. Asa Hutchinson, Individually and in His Official Capacity as Governor of the State of Arkansas; And Patrick Fisk, Individually and in His Official Capacity

591 S.W.3d 778 · Supreme Court of Arkansas · Jan 9, 2020

The General Assembly clearly intended to subject the State to liability under the AWBA. Ark. Code Ann. § 21-1-602(5); Smith v. … , the legislature has established the Arkansas State Claims Commission so that claims against the State may be addressed while preserving the State’s sovereign immunity.

Feigin v. Digital Interactive Associates, Inc.

1999 Colo. J. C.A.R. 683 · Colorado Court of Appeals · Feb 4, 1999

Qualified Immunity The commissioner contends that the trial court erred in denying his summary judgment motion requesting a finding that he was immune from suit under the doctrine of qualified immunity. We agree. … Whether a right is clearly established is a question of law, and, in reviewing a qualified immunity determination, we must use our full knowledge of all relevant precedents. Freedom from Religion Foundation, Inc. v.