Case law

George Nicholas Parsons v. Wiley Tyler Raines and Calhoun County Commission

Intermediate Court of Appeals of West Virginia · May 28, 2025

Generally stated, qualified immunity shields a government official performing discretionary functions from liability for civil damages when the official’s conduct does not violate “clearly established statutory or constitutional … Like the circuit court, we see no facts in the petitioner’s complaint demonstrating how the deputy violated a clearly established constitutional right.

Keenan v. Ahern

District Court, E.D. Virginia · Mar 8, 2021

The doctrine of qualified immunity “shields government officials from liability for civil damages, provided that their conduct does not violate clearly established statutory or … purposes of qualified immunity.”

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

Noonan v. Kane

305 F. Supp. 3d 587 · District Court, E.D. Pennsylvania · Mar 29, 2018

It determined that the defendant was entitled to qualified immunity since he did not violate a clearly established constitutional right. Id. at 572 . … established for the purpose of qualified immunity.

Jiang v. Porter

156 F. Supp. 3d 996 · District Court, E.D. Missouri · Dec 28, 2015

“[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 would have … Clarke, 45 F.3d 1253, 1255 (8th Cir.1995) (stating that qualified immunity “will be upheld on a 12(b)(6) motion only when the immunity is established on the face of the complaint”).

Mattos v. Agarano

661 F.3d 433 · Court of Appeals for the Ninth Circuit · Oct 17, 2011

We now hold that, although Plaintiffs in both cases have alleged constitutional violations, the officer Defendants are entitled to qualified immunity on Plaintiffs’ § 1983 claims because the law was not clearly established … Defendant Officers Did Not Violate Clearly Established Law When They Tased Mattos We next turn to whether the officers are entitled to qualified immunity for the force they used against Jayzel in August 2006.

Long v. Norris

929 F.2d 1111 · Court of Appeals for the Sixth Circuit · Apr 3, 1991

Thus, we venture once more into the labyrinth of deciding what makes a right “clearly established” for purposes of qualified immunity. In Mitchell v. … established at the time of the searches for purposes of qualified immunity.

Ryan Lash v. Jennifer Lemke

786 F.3d 1 · Court of Appeals for the D.C. Circuit · May 15, 2015

A Because the officers’ conduct here did not violate any clearly established law, they have qualified immunity against Lash’s Fourth Amendment claim. 2 Qualified immunity exists to protect officers “from undue interference … An official who asserts a qualified immunity defense can only be held liable if the plaintiff suing him establishes that the official “violated a constitutional right” that “was clearly established” at the time.

Tanvir v. Tanzin

120 F.4th 1049 · Court of Appeals for the Second Circuit · Oct 29, 2024

A government official is entitled to qualified immunity from damages unless a reasonable person in her position would have understood that her conduct fell within the scope of a clearly established prohibition. … ‘clearly established’ at the time of the challenged conduct.”

International Action Center v. United States

365 F.3d 20 · Court of Appeals for the D.C. Circuit · Apr 16, 2004

eliminated, so long as the plaintiff has alleged (with or without evidence to back it up) violation of one ‘clearly established’ right.” … Merits 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 would

Boston v. Suffolk Cnty.

326 F. Supp. 3d 1 · District Court, E.D. New York · Jan 9, 2018

certainly circumstances where an intoxicated person's statement that he or she does not need medical treatment should not be honored because it is inconsistent with other objective facts indicating that hospitalization is clearly … Plaintiff introduced, through deposition testimony, that Rangers Sokol and Paterson had never received any training from Smithtown on how to identify drugs; how drugs affect people; how to deal with individuals who are clearly

Freddy Nobriga Enterprises, Inc. v. State, Department of Hawaiian Home Lands

129 Haw. 123 · Hawaii Intermediate Court of Appeals · Jan 30, 2013

) on the basis of qualified immunity. … Courts must analyze claims of qualified immunity under two prongs: (1) whether the facts show a violation of a constitutional right; and (2) if the first step is satisfied, whether that right was clearly established at the

Hicks Hagan v. Funk

District Court, M.D. Tennessee · Sep 29, 2025

statutory or constitutional right, and (2) the unlawfulness of their conduct was clearly established at the time.” … For purposes of qualified immunity, Defendant challenges only the clearly established prong.4 Defendant argues that it was not clearly established that changing Plaintiff’s job responsibilities because of

Calhoun v. Buck

371 F. Supp. 3d 1008 · District Court, D. Utah · Apr 5, 2019

Qualified Immunity Trooper Buck asserts he is entitled to qualified immunity on Plaintiff's claims. … established right and therefore qualified immunity applies. a.

Rochelle Scott v. Kyle Smith

109 F.4th 1215 · Court of Appeals for the Ninth Circuit · Jul 30, 2024

However, because that right was not clearly established at the time of the officers’ conduct, the officers were entitled to qualified immunity. … Because the applicable law was clearly established at the time of the incident, we affirm the denial of qualified immunity for Plaintiffs’ Fourth Amendment claim.

Colao v. Mills

39 A.D.3d 1048 · Appellate Division of the Supreme Court of the State of New York · Apr 19, 2007

Government officials performing discretionary functions are entitled to qualified immunity, thereby shielding them from civil liability, as long as their actions did not violate the plaintiffs clearly established legal rights … qualified immunity test and determine whether reasonable officers would know that the conduct here was unlawful at the time (see Cowan ex rel.

Parking Authority of River City, Inc. v. Bridgefield Casualty Insurance Co.

477 S.W.3d 598 · Court of Appeals of Kentucky · Nov 6, 2015

Governmental immunity, on the other hand, is a derivative of sovereign immunity and is granted to qualified governmental agencies or entities. … The test for whether an entity qualifies for governmental immunity is two-pronged. Comair, 295 S.W.3d at 99 .

Stephen G. Loftus v. Ester Clark-Moore

690 F.3d 1200 · Court of Appeals for the Eleventh Circuit · Aug 13, 2012

The district court ruled that Clark-Moore and Ferguson were entitled to qualified immunity because neither social worker had violated a clearly established federal right of Loftus or his children. … Ferguson is entitled to qualified immunity because the threats that she allegedly made did not violate any clearly established federal right.

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.

Covert v. Kelley

District Court, E.D. Arkansas · Jan 27, 2023

were entitled to qualified immunity because the right at issue was not clearly established). … The Eighth Circuit has described the “clearly established” prong of qualified immunity as follows: Qualified immunity shields a government official from suit