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  • Jeffrey Queen v. City of Bowling Green

    956 F.3d 893 · Court of Appeals for the Sixth Circuit · Apr 22, 2020

    “Clearly established” means that the “factual context of the occurrence must not exemplify a ‘legally uncertain environment’ in which qualified official immunity is appropriate.” Id. … Kentucky’s “clearly established” requirement tracks the same standards used to determine if a statutory or constitutional right is “clearly established” for purposes of determining whether an officer has federal qualified

    Cited 54 timesPublished
  • McKinsey v. Vernon

    130 Idaho 354 · Idaho Supreme Court · Jun 5, 1997

    The three-part inquiry to determine if a public official asserting qualified immunity is entitled to the defense is: 1. Was there a clearly established law? 2. … Did the conduct of the party asserting qualified immunity violate a clearly established right of the party claiming the violation? 3. Was the conduct of the party asserting qualified immunity reasonable? Farnworth v.

    Cited 3 timesPublished
  • Megan Green v. Cliff Sommer

    52 F.4th 734 · Court of Appeals for the Eighth Circuit · Nov 1, 2022

    issue,’ involve a clearly established violation of federal law.” … On an appeal from a denial of qualified immunity at the motion to dismiss phase, “this court is constrained to the legal question whether the particular facts support the [plaintiff’s] claim that [defendants] violated clearly

    Cited 21 timesPublished
  • Daniel Andrews v. City of Henderson

    35 F.4th 710 · Court of Appeals for the Ninth Circuit · May 23, 2022

    Qualified Immunity Qualified immunity shields government officials from civil damages unless an official “violate[s] a clearly established constitutional right.” Monzon v. … Clearly Established Right Even if a government official violates a constitutional right, the official is entitled to qualified immunity unless the violated right was clearly established at the time of the incident.

    Cited 38 timesPublished
  • United States v. Arnott

    758 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 timesPublished
  • 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.

    Cited 0 timesUnknown
  • Rouse v. Plantier

    987 F. Supp. 302 · District Court, D. New Jersey · Dec 5, 1997

    Although most defenses of qualified immunity stand or fall on whether the right allegedly violated was “clearly established,” it is quite clear that even where the right is clearly established, the defense is still available … been clearly established.

    Cited 5 timesPublished
  • Hernandez v. Wells

    District Court, M.D. Florida · May 20, 2022

    immunity on summary judgment because his qualified immunity turned on a dispute of fact). … “Falsifying facts to establish probable cause is clearly unconstitutional and has been ‘clearly established’ long before [Hernandez’s] arrest.” Mead v. McKeithen, 571 F. App’x 788, 792 (11th Cir. 2014) (per curiam).

    Cited 0 timesUnknown
  • James Saylor v. Randy Kohl, M.D.

    812 F.3d 637 · Court of Appeals for the Eighth Circuit · Jan 29, 2016

    was clearly established at the time of the deprivation.” … the violation was clearly established at the time in question, what was known to a person who might be shielded by qualified immunity, and the reasonableness of defendants'] actions.

    Cited 125 timesPublished
  • 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

    Cited 0 timesUnknown
  • 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

    Cited 26 timesPublished
  • Blair Hays v. J. Gastelo

    District Court, C.D. California · May 4, 2021

    Qualified Immunity 20 Courts recognize qualified immunity “to balance competing values: not only the 21] importance of a damages remedy to protect the rights of citizens . . . but also ‘the need to protect … As 28 such, “[o]nce the official pleads qualified immunity, the burden is on the plaintiff to prove two elements: (1) that the right was violated; and (2) that the right was clearly established at the 2| time

    Cited 0 timesUnknown
  • Sugg v. Albuquerque Public School District

    128 N.M. 1 · New Mexico Court of Appeals · Aug 16, 1999

    Qualified immunity is subject to the collateral order doctrine which grants this Court appellate jurisdiction over suits barred by qualified immunity because qualified immunity is a final bar to suit and is therefore immediately … that the law was clearly established at the time when the alleged violation occurred.

    Cited 6 timesPublished
  • Wallace v. King

    626 F.2d 1157 · Court of Appeals for the Fourth Circuit · Jul 1, 1980

    Cited 57 timesPublished
  • Manchester 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 timesUnknown
  • Doe v. Connecticut Department of Children & Youth Services

    712 F. Supp. 277 · District Court, D. Connecticut · May 17, 1989

    Qualified Immunity Qualified or “good faith” immunity protects government officials performing discretionary functions from liability to the extent that their “conduct does not violate clearly established statutory or constitutional … the legal rules that were ‘clearly established’ at the time it was taken.”

    Cited 15 timesPublished
  • Patton v. Bickford

    529 S.W.3d 717 · Kentucky Supreme Court · Apr 1, 2016

    We also conclude that the Teachers are not immune from suit on the basis of qualified official immunity. … SCHOOL ADMINISTRATORS MAKING SCHOOL POLICIES HAVE QUALIFIED OFFICIAL IMMUNITY; TEACHERS IMPLEMENTING SCHOOL POLICIES DO NOT .We begin by more clearly delineating the Estate’s arguments.

    Cited 121 timesPublished
  • Bell v. Fort Wayne Police Department

    District Court, N.D. Indiana · Jul 31, 2019

    “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 … The United States Supreme Court recently reiterated the standard in qualified immunity cases: Under our cases, the clearly established right must be defined with specificity.

    Cited 0 timesUnknown
  • Mosher

    District Court, D. Arizona · Mar 9, 2026

    Clearly Established Right 21 Although a jury could find that Defendants violated Plaintiff’s constitutional rights, 22 an “official is entitled to qualified immunity unless … established at the time of the incident and holds that 8 || Defendant Wick is entitled to qualified immunity.

    Cited 0 timesUnknown
  • KARA B. v. Dane County

    198 Wis. 2d 24 · Court of Appeals of Wisconsin · Nov 2, 1995

    Merely alleging a general violation of a right that may be clearly established by the constitution or á statute is insufficient clarity of established law to justify withholding qualified immunity. … Recognizing that the defendants' qualified immunity could be pierced "only if the specific right they violated was clearly established at the time they violated it," the K.H. court decided the issue against them.

    Cited 5 timesPublished

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