Case law

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).

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.

Dana West v. Susan Murphy

771 F.3d 209 · Court of Appeals for the Fourth Circuit · Nov 14, 2014

Determining whether qualified immunity applies involves a two-prong inquiry: “whether the facts ... make out a violation of a constitutional right” and “whether the right at issue was ‘clearly established’ at the time of … This temporal element inheres in qualified immunity because the inquiry into “clearly established law” is tethered to the need for notice.

Hannah 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

Edmiston 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.

Hooks v. Warren, City of

District Court, E.D. Michigan · Mar 30, 2024

Of course, qualified immunity would protect officers if their conduct did not violate clearly established rights. Pearson v. Callahan, 555 U.S. 223, 231 (2009). … Though there are some differences between qualified immunity and Michigan statutory governmental immunity—qualified immunity uses an objective standard to evaluate reasonableness, for instance, while Michigan

Gregory Baldwin v. City of Estherville, Iowa Matt Reineke, Individually and in His Official Capacity as an Officer of the Estherville Police Department and Matt Hellickson, Individually and in His Official Capacity as an Officer of the Estherville Police Department

915 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 .

Osborne v. Vincent

District Court, D. Oregon · Aug 11, 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.”)

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

Vincent v. Yelich Earley v. Annucci

718 F.3d 157 · Court of Appeals for the Second Circuit · Jun 4, 2013

For the reasons that follow, we 15 conclude that Earley I, an appeal from the denial of habeas corpus, did not rule that those rights were 16 clearly established by Wampler with respect to a defense of qualified immunity … That AEDPA question is 9 not the same as whether a federal right is clearly established for purposes of denying an official 10 qualified immunity: The conclusion that a "legal proposition was 'clearly established'

Hancock v. Cnty. of Rensselaer

337 F. Supp. 3d 175 · District Court, N.D. New York · Aug 29, 2018

Individual Defendants' Claims to Qualified Immunity Government employees are entitled to qualified immunity from civil damages liability so long as they are performing discretionary functions and do not violate "clearly established … Because the constitutional rights upon which Plaintiffs rely were not clearly established at the time Defendants acted, Defendants are entitled to qualified immunity.

Mallak v. City of Baxter

823 F.3d 441 · Court of Appeals for the Eighth Circuit · May 19, 2016

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.” Harlow v. … A defendant denied summary judgment based on qualified immunity may appeal the “purely legal issue” of “whether the facts alleged ... support a claim of violation of clearly established law.”

Sherwood v. Mulvihill

Court of Appeals for the Third Circuit · May 15, 1997

As government officials engaged in discretionary functions, Defendants are qualifiedly immune from suits brought against them for damages under section 1983 "insofar as their conduct does not violate clearly established statutory … Where a defendant asserts a qualified immunity defense in a motion for summary judgment, the 5 plaintiff bears the initial burden of showing that the defendant's conduct violated some clearly established

White v. Strafford County Department of Corrections

District Court, D. New Hampshire · Jul 17, 2020

Condon, 372 F.3d 39, 45 (1st Cir. 2004) (affirming the denial of qualified immunity where officers developed a witness for prosecution that they knew “would perjure himself … Coffey, 221 F.3d 342, 355 (2d Cir. 2000) (“It is firmly established that a constitutional right exists not to be deprived of liberty on the basis of false evidence fabricated by a government

Eric Burke v. Wetzel County Commission

815 S.E.2d 520 · West Virginia Supreme Court · Jun 6, 2018

Lemley is entitled to qualified immunity because he acted in his official capacity and did not violate any clearly established law of which a reasonable official would have known. … Lemley did not violate any clearly established laws of which a reasonable official would have known. Mr.

Osborne v. Vincent

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.”)

Herman Louis Dimartini v. Lynn Jay Ferrin, Special Agent, Federal Bureau of Investigation

889 F.2d 922 · Court of Appeals for the Ninth Circuit · Nov 21, 1989

immunity, arguing that his actions, even as alleged, did not violate clearly established fifth amendment rights. … Government officials performing discretionary functions enjoy qualified immunity, from liability for civil damages as long as their conduct does not violate “clearly established statutory or constitutional rights of which

Armstrong v. City Of Melvindale

432 F.3d 695 · Court of Appeals for the Sixth Circuit · Jan 6, 2006

Qualified Immunity Framework 8 Qualified immunity shields public officials who perform discretionary functions from the necessity of defending against tort liability so long as their conduct does not violate clearly established … right was clearly established."

Edward S., Administrator of the Estates of T.S. and A.K., Edward S. and Rachel K., Individually and as Next Friends of J.K. v. Raleigh County Housing Authority

West Virginia Supreme Court · Jun 8, 2023

So, RCHA argued, it was immune from Edward S.’s negligence claims because he had not established that any alleged failing in its inspection process violated clearly established statutory or constitutional rights or laws of … to violations of clearly established rights or laws.

Filomena 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."