Case law

GROSSMAN v. PENNSYLVANIA STATE POLICE

District Court, W.D. Pennsylvania · Jul 22, 2022

immunity. … Cir. 2012) (court conducting qualified immunity analysis looks to “(1) whether the facts alleged by the plaintiff show the violation of a constitutional right; and (2) whether the right was clearly established at the time

Opinion No.

Arkansas Attorney General Reports · Nov 3, 2005

Under the doctrine of qualified immunity, an individual is immune from suit if he undertook the actions complained of in good faith in the performance of his duties and the acts do not violate any clearly established constitutional … The immunity is "qualified" because it does not apply where the activity is in violation of clearly established law that a reasonable person would have known. Id. ; Robinson v.

Monica Lee, Individually and On Behalf of The Estate of Damien Cameron, and All of the Heirs at Law and Wrongful Death Beneficiaries of Damien Cameron v. Rankin County, Mississippi, Hunter Thomas Elward and Luke Aaron Stickman

Court of Appeals of Mississippi · May 5, 2026

Qualified Immunity ¶25. … Thus, plaintiffs bear the burden to rebut a defense of qualified immunity “by establishing that the official’s allegedly wrongful conduct violated clearly established law.” Harris v. Miss.

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.

Spinelli v. Byars

District Court, D. Colorado · Oct 7, 2025

As Imbler and its progeny establish, absolute prosecutorial immunity is intended to protect the judicial process, not the prosecutor. See Briscoe v. … App'x at 705 (discerning no absolute immunity where prosecutors allegedly fabricated evidence “for the purpose of establishing probable cause”).

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

Harper v. Lawrence County, Ala.

592 F.3d 1227 · Court of Appeals for the Eleventh Circuit · Jan 6, 2010

Were Harper’s rights clearly established at the time? … Were Harper’s rights clearly established at the time?

David Roberts v. City of Omaha

723 F.3d 966 · Court of Appeals for the Eighth Circuit · Jul 31, 2013

There is no clearly established law indicating Roberts’s suggested rights applied in the circumstances of this case. The district court should have granted the officers qualified immunity on these claims. … City of Minneapolis, 596 F.3d 465, 482 (8th Cir. 2010) (explaining under “qualified immunity, a county employee may be held personally liable for a constitutional violation only if his own conduct violated a clearly established

Mabry ex rel. T.M. v. Lee County

100 F. Supp. 3d 568 · District Court, N.D. Mississippi · Mar 30, 2015

In order to overcome a claim of qualified immunity, a plaintiff is required to demonstrate “(1) that the official violated a statutory or constitutional right, and (2) that the right was ‘clearly established’ at the time … Officer Fant is accordingly entitled to qualified immunity.

Weinstein v. City of North Bay Village

977 F. Supp. 2d 1271 · District Court, S.D. Florida · Sep 26, 2013

“Under the doctrine of qualified immunity, government officials acting within their discretionary authority are immune from suit unless the official’s conduct ‘violates clearly established federal statutory or constitutional … The Alleged Constitutional Violations Were Clearly Established For Weinstein to avoid qualified immunity, he must allege that Schwartz violated a clearly established law. See Keating, 598 F.3d at 762 .

Bedinghaus v. Modern Graphic Arts

15 F.3d 1027 · Court of Appeals for the Eleventh Circuit · Mar 9, 1994

Clearly, “the company” refers to the Times and its affiliates, not to some entity that happens to purchase the assets of one of the affiliates. We see no ambiguity in the crucial terms. … As the First Circuit said in Bellino: Federal courts have established no hard and fast rule that an individual must suffer a period of unemployment to qualify for severance benefits under ERISA.

Peterson v. Bernardi

719 F. Supp. 2d 419 · District Court, D. New Jersey · Jun 15, 2010

Clearly Established Second, was the constitutional right at issue clearly established? … If ever an area of law were not “clearly established”, this area was not. See Brandt v.

Reece v. Groose

60 F.3d 487 · Court of Appeals for the Eighth Circuit · Jul 20, 1995

was clearly established. … We also held that Anderson was not entitled to qualified immunity, because the right allegedly violated, freedom from unreasonable searches, was clearly established.

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.”

Strickland v. City of Crenshaw

114 F. Supp. 3d 400 · District Court, N.D. Mississippi · Jul 20, 2015

in qualified immunity cases. … Thus, plaintiffs are clearly unable to survive a qualified immunity defense with regard to any property damage claims. .

Patsy Talley v. Dale Folwell

Court of Appeals for the Fourth Circuit · Apr 4, 2025

established, and thus defendants are entitled to qualified immunity.” … “Qualified immunity shields government officials from civil damages liability unless the official violated a statutory or constitutional right that was clearly established at the time of the

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

Rainey v. Hartness

339 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

Ledea v. Metro-Dade County Police Department

681 F. App'x 728 · Court of Appeals for the Eleventh Circuit · Feb 27, 2017

To overcome qualified immunity, the plaintiff must show that: (1) the defendant violated a constitutional right; and (2) the right was clearly established at the time of the alleged violation. Id. at 1137 . … The officers do not assert the district court erred in its resolution of the second prong of qualified immunity—that the constitutional right was clearly established at the time of the violation.

Paulette Smith v. Edward Agdeppa

81 F.4th 994 · Court of Appeals for the Ninth Circuit · Aug 30, 2023

immunity analysis—whether the claimed unlawfulness of Agdeppa’s conduct was “clearly established … We are asked to decide whether this officer is entitled to qualified immunity. We hold that he is. The officer’s use of deadly force did not violate clearly established law.