Case law

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.

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.

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.

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

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.”

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.

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.

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.

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).

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

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

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.”

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.

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

Parker v. Armstrong

District Court, W.D. Texas · Aug 7, 2024

Qualified immunity bars suit against officers in their official capacity from liability for civil damages so long as their conduct does not violate a clearly established statutory constitutional right. … Jones, 922 F.3d 309, 318 (5th Cir. 2019) (holding that before the qualified immunity inquiry discretionary authority must be established)).