Case law

Meals v. City of Memphis, Tennessee

493 F.3d 720 · Court of Appeals for the Sixth Circuit · Jul 11, 2007

Under the doctrine of qualified immunity, “government officials performing discretionary functions, generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory … If the plaintiff fails to establish any one of these elements, qualified immunity must be granted. Radvansky v.

Eng v. Cooley

552 F.3d 1062 · Court of Appeals for the Ninth Circuit · Jan 14, 2009

If a plaintiffs constitutional rights were not clearly established at the time of the violation, then qualified immunity should be granted. 2. Whether Eng’s Rights Were Clearly Established a. … established’ to preclude qualified immunity.”

Walker v. Corizon Health

947 F.3d 1244 · Court of Appeals for the Tenth Circuit · Jan 14, 2020

This court may choose to address either of the two qualified-immunity requirements first because, if “the plaintiff fails to establish either prong of the two-pronged qualified immunity standard, the defendant prevails on … immunity, the complaint must allege specific facts showing each defendant violated the defendant’s clearly established constitutional rights).

Sabir v. District of Columbia

755 A.2d 449 · District of Columbia Court of Appeals · Jun 22, 2000

Absent violation of “a clearly established right,”a police officer will not be subject to § 1983 liability. Id. at 1015. As the D.C. Circuit articulated the standard in Wardlaw v. … Generally, the review of a deniál of qualified immunity is a question of law — “whether the legal norms allegedly violated by the defendant were clearly established at the time of the challenged actions.” Mitchell v.

Henry H. Cunningham v. City of Wenatchee, and Robert R. Perez

345 F.3d 802 · Court of Appeals for the Ninth Circuit · Oct 3, 2003

The Court observed: Unless the plaintiffs allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery. … Qualified Immunity We review de novo Perez’s qualified immunity claim. Mena v. City of Simi Valley, 226 F.3d 1031, 1036 (9th Cir.2000).

Aluizio v. Van Kanegan

District Court, N.D. Ohio · Aug 8, 2025

Qualified Immunity Van Kanegan argues he is entitled to qualified immunity because Aulizio cannot establish a violation of any clearly established constitutional right. … “The doctrine of qualified immunity provides that ‘government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established

Eilenfeldt ex rel. J.M. v. United C.U.S.D. 304 Board of Education

169 F. Supp. 3d 867 · District Court, C.D. Illinois · Mar 14, 2016

Qualified Immunity The doctrine of qualified immunity protects government officials from civil liability for their actions in the course of their duties “insofar as their conduct does not violate clearly established statutory … However, once a claim of qualified immunity has been raised, a plaintiff also bears the burden of demonstrating the violation of a clearly established constitutional right of which a reasonable person would have known.

Cantrell v. DeKalb County

78 S.W.3d 902 · Court of Appeals of Tennessee · Aug 3, 2001

The Qualified Immunity Defense The dispositive issue for this appeal is whether the law enforcement officials have presented undisputed facts demonstrating that they are entitled to qualified immunity as a matter of law. … Cantrell’s clearly established rights. ■ 1. Mr. Cantrell’s Free Exercise Rights Mr. Cantrell, like all persons, possesses certain clearly established rights with regard to the practice of his religion.

Petzak v. Nevada Ex Rel. Department of Corrections

579 F. Supp. 2d 1330 · District Court, D. Nevada · Sep 23, 2008

Dobel’s motion (# 18) for summary judgment raises only the issue of qualified immunity. A. Qualified Immunity and Money Damages Qualified immunity is a valid defense for a public official in an action for damages. … right in question was clearly established in the specific context of the case.

Mohammad Siddique v. Michael Laliberte

972 F.3d 898 · Court of Appeals for the Seventh Circuit · Aug 26, 2020

We elect to resolve this case on the second part of the qualified immunity test—whether the right was clearly established. This appeal, in its current iteration, involves only a First Amendment retaliation claim. … No such clearly established law exists.

Plummer v. Department of Corrections

305 N.J. Super. 365 · New Jersey Superior Court Appellate Division · Nov 25, 1997

reasonable, thereby entitling them to qualified immunity as a matter of law. … However, the fact that the law at issue is clearly established will not deprive these defendants from the qualified immunity defense if, in light of the specific facts known to them, they could reasonably believe that probable

Ritchie v. Turner

559 S.W.3d 822 · Missouri Court of Appeals · Nov 1, 2018

Recognizing that these actions were clearly discretionary in nature, we held the kindergarten teacher in Turner was entitled to qualified official immunity. Id. at 878 . In Patton v. … As to the objective reasonableness test, Doe has not met her burden to show a violation of a constitutional, statutory, or other clearly established right.

Greiner v. City of Champlin

816 F. Supp. 528 · District Court, D. Minnesota · Mar 9, 1993

Moreover, plaintiffs argue that because a reasonable officer would have known that the orders to leave the party violated clearly established constitutional rights, qualified immunity is not available. … Defendants argue that none of the arrests violated plaintiffs’ clearly established constitutional rights and therefore qualified immunity applies.

Noyes v. Moccia, et al.

District Court, D. New Hampshire · Jun 24, 1999

Under the doctrine of qualified immunity, "government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established … would violate plaintiff's clearly established constitutional rights.

Clancy v. McCabe

441 Mass. 311 · Massachusetts Supreme Judicial Court · Mar 26, 2004

McCabe moved for summary judgment, claiming he was entitled to qualified immunity. … The doctrine of qualified immunity shields government officials, in the course of performing discretionary tasks, from liability for civil damages “insofar as their conduct does not violate clearly established statutory or

Galante v. County of Nassau

186 Misc. 2d 733 · New York Supreme Court · Dec 12, 2000

if either (1) their conduct did not violate clearly established rights of which a reasonable person would have known, or (2) it was objectively reasonable to believe that [their] acts did not violate these clearly established … [their] acts [do] not violate these clearly established rights.’ ” (Tenenbaum, at 596.)

Anderson v. Furst

District Court, E.D. Michigan · Mar 20, 2020

further inquiries concerning qualified immunity. … Thereafter, the burden shifts to the plaintiff to establish that the defendant's conduct violated a right so clearly established that any official in his position would have clearly understood he was under an

Sinaloa Lake Owners Ass'n v. City of Simi Valley

70 F.3d 1095 · Court of Appeals for the Ninth Circuit · Nov 30, 1995

While the right to due process is “clearly established” by the Due Process Clause, this level of generality was not intended to satisfy the qualified immunity standard. … that the law was clearly established, Doody was nonetheless entitled to qualified immunity because “a reasonable dam safety engineering official, similarly situated, could have believed breaching the dam was lawful.”

Jim Nahas v. Polk County, Iowa

Supreme Court of Iowa · Jun 9, 2023

The “clearly established” standard is thus inherently backward-looking. … Further, whether the law was clearly established is inextricably intertwined with the new qualified immunity defense and only relevant to this case to the extent the new qualified immunity defense is operative in this

State Ex Rel. Wilhoit v. Seay

248 S.W.3d 135 · Missouri Court of Appeals · Mar 24, 2008

Again, both Jones and Walker are public officials entitled to qualified immunity unless their immunity was lost through conduct violating a clearly established statutory or constitutional right of which a reasonable person … Wood, therefore, has failed to allege facts that adequately prove that Jones and Walker lost their qualified immunity by violating a clearly established statutory or constitutional right.