Case law

Roy Lee Williams v. Secretary Pennsylvania Department of Corrections

117 F.4th 503 · Court of Appeals for the Third Circuit · Sep 20, 2024

But that rule was newly articulated, and this Court held that qualified immunity applied because that articulation of the right was not clearly established. Id. at 553. … Thus, a letter from a federal agency cannot satisfy the ‘clearly established’ standard for 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”).

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.

National Camera, Inc. v. Sanchez

832 P.2d 960 · Colorado Court of Appeals · Nov 21, 1991

Qualified immunity protects governmental officials performing discretionary functions from personal liability unless their actions violate clearly established law of which a reasonable person would have known. Harlow v. … To overcome a qualified immunity defense, however, the plaintiff cannot simply identify a clearly established right in the abstract which the defendant has allegedly violated. Hilliard v.

Willard Berry v. Brian Doss

900 F.3d 1017 · Court of Appeals for the Eighth Circuit · Aug 20, 2018

Katz, 533 U.S. 194 (2001), and argued that, because there was no evidence they ignored Berry’s complaint, they did not violate a clearly established Eighth Amendment right and thus were entitled to qualified immunity. … Our jurisdiction to consider an appeal of an order denying summary judgment based on qualified immunity is limited to “‘the purely legal issue’ of ‘whether the facts . . . alleged support a claim of violation of clearly established

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

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.”

Shlomo Leibovitch v. Islamic Republic of

697 F.3d 561 · Court of Appeals for the Seventh Circuit · Sep 25, 2012

Banco Para El Comercio Exterior de Cuba, 462 U.S. 611, 620 (1983) (“The language and history of the FSIA clearly establish that the Act was not intended to affect the substantive law determining the liability of a foreign … The same is true here; Congress has established a private right of action principally for Ameri- can claimants while waiving sovereign immunity in a broader set of cases also involving American victims.

West Virginia Department of Health, Office of the Chief Medical Examiner, and Allen R. Mock, M.D. v. Dr. Patsy Cipoletti, Jr., Administrator of the Estate of June Cipoletti

West Virginia Supreme Court · May 21, 2024

whether qualified immunity applies on a “case-by-case basis.” 7 We recently summarized our qualified immunity jurisprudence as follows: Qualified immunity is an immunity from suit afforded … Va. 573, 587, 10 Respondent relies on the MPLA as the basis for his position that he has alleged the violation of a “clearly established statutory right” to defeat Petitioners’ claim to qualified immunity

Fulwood v. Porter

639 A.2d 594 · District of Columbia Court of Appeals · Mar 28, 1994

in light of the legal rules that were ‘clearly established’ at the time it was taken.” … Roberts, 823 F.2d 235, 238 (8th Cir.1987) (“clearly established law” for immunity purposes is supervisor’s duty in the particular circumstances to train adequately).

Wagner v. Loza

District Court, E.D. Tennessee · Dec 16, 2021

Accordingly, Defendants are entitled to qualified immunity for claims against them in their individual capacities. See, e.g., Williams v. … right was “clearly- established;” and (3) whether the official’s actions were objectively unreasonable).

Beers v. Fouts, et al.

2018 DNH 045 · District Court, D. New Hampshire · Mar 7, 2018

In granting summary judgment in the defendants’ favor, the court found that the defendants were entitled to qualified immunity, in that, at the time of the pertinent group strip search, it was not clearly established … “Qualified immunity protects public officials from § 1983 suits for damages if their actions ‘d[id] not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’”

Ryan Leaver v. Gary Shortess

844 F.3d 665 · Court of Appeals for the Seventh Circuit · Dec 21, 2016

And even if he was aware of it, qualified immunity applies. It’s not clear that the infor- mation would have negated probable cause. I. … Or at least qualified immunity applies. It would not have been clear to a reasonable officer that these contract provisions defeat probable cause.

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.”

Brenden v. Castro

District Court, N.D. New York · Sep 26, 2025

Therefore, Castro is entitled to qualified immunity because it was not clearly established that individual defendants could be liable on a takings claim. See Novak v. … Castro is also not entitled to qualified immunity because it is clearly established that a false claim of lawful authority can invalidate consent. See id; Amos v.

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.

Texas Department of Criminal Justice v. Thomas

263 S.W.3d 212 · Texas Court of Appeals, 1st District (Houston) · Apr 19, 2007

from suit, and Pierson’s motion for summary judgment asserted qualified immunity. … 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

Willis v. Blevins

957 F. Supp. 2d 690 · District Court, E.D. Virginia · Jul 30, 2013

Determining whether qualified immunity applies entails a two-step inquiry: (1) “whether a constitutional right would have been violated on the facts alleged;” and (2) “whether the right was clearly established.” … Moreover, based on the discussion of Buckley and Kalina above, the right not to be deprived of one’s liberty by the fabrication of evidence is clearly established.

Rosen v. City of New York

667 F. Supp. 2d 355 · District Court, S.D. New York · Oct 28, 2009

The doctrine of qualified immunity shields government officials performing discretionary functions from liability for civil damages under federal claims insofar as their conduct does not violate clearly established statutory … A government official is entitled to qualified immunity when “(1) Plaintiff fails to allege a violation of a federal right; (2) the right alleged was not clearly established at the time of the alleged violation; or (3) the

Tapanga Hardeman v. David Wathen

933 F.3d 816 · Court of Appeals for the Seventh Circuit · Aug 12, 2019

When attempting to defeat an assertion of qualified im- munity, the burden is on the plaintiffs to show that a particu- lar right is “clearly established.” … “Because a qualified immunity defense so closely depends ‘on the facts of the case,’ a ‘complaint is generally not dismissed under Rule 12(b)(6) on qualified immunity grounds.’”