Case law
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District Court, D. Oregon · Aug 7, 2025
violated a clearly established constitutional right. … Pauly, 580 U.S. 73, 78-79 (2017) (“Qualified immunity attaches when an official’s conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”)
Cited 0 timesUnknown816 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.
Cited 12 timesPublishedHannah David v. Gina Kaulukukui
38 F.4th 792 · Court of Appeals for the Ninth Circuit · Jun 27, 2022
Qualified immunity shields government officials from liability for civil damages unless their conduct “violated a clearly established constitutional right.” Williamson v. … To determine whether an official is entitled to qualified immunity, the court asks “(1) whether the [official’s] conduct violated a constitutional right, and (2) whether that right was clearly established at the time of the
Cited 40 timesPublishedWest Virginia Supreme Court · Oct 13, 2020
In affirming the circuit court’s decision, this Court found that pleading simple negligence, without a violation of a clearly established right, is insufficient to overcome qualified immunity. … I. reveals that this Court reviewed the pleadings and found that “[p]leading simple negligence, without a violation of a clearly established right, is insufficient to overcome qualified immunity.” B.R.I., at *2. In B.
Cited 0 timesPublishedJohn Moody v. Mich. Gaming Control Bd.
871 F.3d 420 · Court of Appeals for the Sixth Circuit · Sep 11, 2017
Therefore, the right was clearly established. … We therefore reverse the district court’s grant of qualified immunity on the Fifth Amendment claim, and hold that the right articulated in Moody I was clearly established at the time of the violation. 2.
Cited 25 timesPublished360 S.C. 164 · Court of Appeals of South Carolina · Jun 7, 2004
“The doctrine of qualified immunity shields police officers acting in their official capacity from suits for damages under 42 U.S.C. § 1983 , unless their actions violate clearly-established rights of which an objectively … Treen, 671 F.2d 892, 896 (5th Cir.1982) (“Qualified immunity now depends on the objective reasonableness of an officials conduct, as measured by reference to clearly established law, not upon malice or other subjective factors
Cited 11 timesPublishedStephen Hill v. City of Fountain Valley
70 F.4th 507 · Court of Appeals for the Ninth Circuit · Jun 1, 2023
In short, qualified immunity applies because the Hills have not offered any factually analogous case “clearly 16 HILL V. … Because this law was clearly established at the time of the events here, the officers are not entitled to qualified immunity.
Cited 21 timesPublished915 N.W.2d 259 · Supreme Court of Iowa · Jun 29, 2018
to believe that their actions would not violate a clearly established right of the plaintiff's under the circumstances." 284 Conn. 502 , 935 A.2d 126 , 144 (2007). … Qualified immunity would be available "if the defendant show[ed] that the state constitutional right alleged to have been violated was not clearly established." Id. at 1094 .
Cited 30 timesPublishedEdmiston v. City Of Port Angeles
360 F. Supp. 3d 1147 · District Court, W.D. Washington · Dec 21, 2018
Therefore, in the absence of authority demonstrating that the right was clearly established, Officer Brusseau is entitled to qualified immunity. … Nor can Edmiston negate that Officer Brusseau is entitled to qualified immunity on the search issue, if a search indeed occurred, in the absence of clearly established law.
Cited 4 timesPublishedDivision of Employment Security v. Board of Police Commissioners
864 F.3d 974 · Court of Appeals for the Eighth Circuit · Jul 28, 2017
The Officers “Qualified immunity shields a government official from liability unless his conduct violates ‘clearly established statutory or constitutional rights of which a reasonable person would have known.’” … “Our prior cases have clearly established that use of [a] taser on a nonfleeing, nonviolent suspected misdemeanant [is] unreasonable.” Brossart v.
Cited 28 timesPublishedJohn Mclaughlin v. Alex Watson
271 F.3d 566 · Court of Appeals for the Third Circuit · Nov 20, 2001
Fitzgerald, 457 U.S. 800, 817 , 102 S.Ct. 2727, 2732 (1982) (citations omitted)). 21 In order to defeat an assertion of qualified immunity, a plaintiff must allege that the official violated a "clearly established" right. … In the Motion to Dismiss, Stiles clearly asserted a "qualified immunity" defense. App. at 258.
Cited 88 timesPublishedMitchell v. Town of Hayneville, Alabama
District Court, M.D. Alabama · Feb 6, 2023
Qualified immunity “protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory … Whether the Right Was Clearly Established The court now turns to the remaining qualified-immunity determination: Whether Reeves, Tyson-Bailey
Cited 0 timesUnknown928 F.3d 1155 · Court of Appeals for the Tenth Circuit · Jul 2, 2019
"Because qualified immunity establishes immunity from suit rather than a mere defense to liability, a district court's denial of a claim of qualified immunity is immediately appealable under 28 U.S.C. § 1291 ." Id. … Qualified Immunity There remains the question whether Defendants are entitled to qualified immunity. Was the law clearly established that their conduct (as alleged by Plaintiff) violated the Fourteenth Amendment?
Cited 120 timesPublished758 F.3d 40 · Court of Appeals for the First Circuit · Jul 2, 2014
DISCUSSION When reviewing the district court's disposition of a motion to suppress, we accept the court's findings of fact unless they are clearly erroneous. See United States v.
Cited 43 timesPublishedManchester v. State of Louisiana
District Court, M.D. Louisiana · Nov 13, 2024
Again, qualification examinations are generally conducted at the pretext stage of a Title VII failure-to-promote analysis, and even if Plaintiff were “clearly better qualified,” Toval, 614 F. … dofes] not establish that [an applicant] is clearly better qualified” (quoting Price v. Fed. Express Corp., 283 F.3d 715, 723 (5th Cir. 2002)); see also Deines v. Tex.
Cited 0 timesUnknownDistrict Court, D. Kansas · Mar 28, 2025
Sept. 30, 2021) (declining to consider qualified immunity where defendants didn’t “address whether the Fourth Amendment rights at issue were clearly established”). … So, Hudlin didn’t violate clearly established law and qualifies for qualified immunity.
Cited 0 timesUnknownWashington v. City of Cincinnati, Ohio
District Court, S.D. Ohio · Feb 7, 2024
That is enough for the first prong of the qualified immunity analysis. … Luna, 577 U.S. 7, 12 (2015) (requiring cases proffered as factually analogous “to speak [] to the specific circumstances” at bar for the clearly established prong of qualified immunity).
Cited 0 timesUnknown339 Ark. 293 · Supreme Court of Arkansas · Dec 2, 1999
Qualified Immunity — Federal Law Generally, government officials performing discretionary functions are granted a qualified immunity from suit under section 1983 and are “shielded from liability for civil damages insofar … Courts evaluating a claim of immunity must determine whether the plaintiff has alleged the deprivation of an actual constitutional right and, if so, whether that right was clearly established at the time of the alleged violation
Cited 40 timesPublishedFilomena Leo, in Their Individual and Official Capacities v. Iliana Trevino
Texas Court of Appeals, 13th District · Jun 8, 2006
Constitutional Violation The first prong of any analysis of the availability of qualified immunity requires the establishment of the violation of a "clearly established right." Beck , 204 F.3d at 638. … The School District Employees are entitled to qualified immunity from the Trevinos' claims, absent a showing of a violation of "clearly established constitutional law."
Cited 0 timesPublishedArkansas Attorney General Reports · Oct 17, 2003
Under the doctrine of qualified immunity, an individual is immune if the actions complained of were taken in good faith in the performance of one's duties, and the acts do not violate any clearly established constitutional … The immunity is "qualified" because it does not obtain where the activity is in violation of clearly established law that a reasonable person would have known. Id. ; Robinson v.
Cited 0 timesPublished
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