Case law

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”).

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.

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

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

Graham v. Dall. Area Rapid Transit

288 F. Supp. 3d 711 · District Court, N.D. Texas · Dec 28, 2017

In analyzing qualified immunity claims, the Supreme Court has "repeatedly told courts ... to not define clearly established law at a high level of generality." Mullenix v. … This second part of the qualified immunity inquiry considers whether the right was clearly established at the time of the violation.

Shah v. University of Texas Southwestern Medical School

54 F. Supp. 3d 681 · District Court, N.D. Texas · Oct 20, 2014

Shah violated a clearly established right. … Shah violated one or more of Shah’s clearly established constitutional rights when he wrote to the SPC, Dr. Shah is entitled to qualified immunity. E The court now considers whether Dr.

Keenan v. Ahern

District Court, E.D. Virginia · Mar 8, 2021

The doctrine of qualified immunity “shields government officials from liability for civil damages, provided that their conduct does not violate clearly established statutory or … purposes of qualified immunity.”

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.

Ludt v. Youngstown

2016 Ohio 8553 · Ohio Court of Appeals · Dec 29, 2016

City of Olmsted Falls, 395 F.3d 291, 302 (6th Cir.2005). {¶13} Once qualified immunity is raised, it is the plaintiff's burden of proof to establish that the defendants are not entitled to qualified immunity. … Thus, we need not consider whether Williams is protected by qualified immunity.

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

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.

Peter Clayton McClendon v. City of Columbia, City of Columbia James R. Carney

305 F.3d 314 · Court of Appeals for the Fifth Circuit · Sep 5, 2002

established law, and that he was not entitled to qualified immunity. … entitled to qualified immunity, finding that “the law on third-party entry into homes was [not] clearly established in April 1992.”

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.

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

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).

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.

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

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.

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