Case law
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864 F.3d 920 · Court of Appeals for the Eighth Circuit · Jul 26, 2017
right was so ‘clearly established’ at the time of the alleged violation that a reasonable officer would have known that his conduct was unlawful.” … established,” fulfilling part of the qualified immunity test.
Cited 75 timesPublished151 F. Supp. 3d 363 · District Court, S.D. New York · Sep 10, 2015
In this Circuit, even if the right was clearly established, an.officer is entitled to qualified immunity if it was objectively. reasonable for the officer to believe the conduct at issue was lawful, Gonzalez v. … That’s the first prong of the qualified immunity test. *371 I also find that plaintiffs right not to be arrested for the expression at issue was clearly established.
Cited 4 timesPublishedBradley Monical v. Christina Towers
Court of Appeals for the Ninth Circuit · Feb 7, 2020
immunity. … Hammond, 821 F.3d 1085, 1090 (9th Cir. 2016) (for a right “[t]o be clearly established” for purposes of qualified immunity, “a right must be sufficiently clear that every reasonable official would have understood that
Cited 0 timesUnpublished37 Tex. Sup. Ct. J. 980 · Texas Supreme Court · Jun 15, 1994
judgment on qualified immunity is improper.”). … First, federal immunity may be conferred at the summary judgment stage by the court’s finding that the constitutional right at issue was not clearly established. Elder v.
Cited 853 timesPublishedSmith v. Kansas City, Missouri Police Department
586 F.3d 576 · Court of Appeals for the Eighth Circuit · Nov 9, 2009
. *580 Qualified immunity shields government actors from suit unless their conduct violates clearly established constitutional or statutory rights that a reasonable person would have known. Henderson v. … was clearly established at the time of the deprivation.”
Cited 57 timesPublished250 F. Supp. 3d 99 · District Court, E.D. Louisiana · Apr 21, 2017
Governmental officers sued in their individual capacity are entitled to qualified immunity insofar as their conduct “did not violate clearly established statutory or constitutional rights of which a reasonable person would … Thus, the officers are entitled to qualified immunity on the filming claim because filming the exterior of a ear in a public parking lot did not violated clearly established constitutional law. V.
Cited 5 timesPublishedPhilip R. Plant v. Morton International, Inc.
212 F.3d 929 · Court of Appeals for the Sixth Circuit · May 12, 2000
The ADA Claim In order to establish a prima facie case of discrimination under the ADA, Plant must show 1) that he is disabled; 2) that he is otherwise qualified for his previous position with Morton, with or without reasonable … Although the evidence did not clearly indicate that Plant’s condition was temporary, Plant was unable to come forward with any evidence that it was permanent, and the mere possibility of recurrence is not sufficient to establish
Cited 213 timesPublishedDistrict Court, W.D. Wisconsin · Sep 26, 2023
Third, they argue that they are entitled to qualified immunity. … That made defendants’ continued use of force against him—including the taser— reasonable, or at least covered by qualified immunity.
Cited 0 timesUnknown770 F.3d 196 · Court of Appeals for the Second Circuit · Oct 27, 2014
the clearly established law.” … Few issues related to qualified immunity have caused more ink to be spilled than whether a particular right has been clearly established, mainly because courts must calibrate, on a case- by-case basis, how generally or
Cited 68 timesPublishedHenry 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).
Cited 107 timesPublishedDistrict Court, N.D. New York · Aug 21, 2019
Supp. 3d 305, 316 (S.D.N.Y. 2014) (finding clearly established for qualified immunity purposes the "broader right to be free from deliberate indifference to serious medical needs" and applying it to pre-trial detainee). … True or not, qualified immunity would not attach to those facts.
Cited 0 timesUnknownGROSSMAN 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
Cited 0 timesUnknown451 N.W.2d 666 · Court of Appeals of Minnesota · Feb 27, 1990
; and that neither Mickelberg and Shoop nor Costello are entitled to any qualified immunity because their conduct in participating in the grand jury deliberations was unreasonable and clearly exceeded established norms. … the media was unreasonable and clearly exceeded established legal norms.
Cited 11 timesPublished937 F.2d 609 · Court of Appeals for the Sixth Circuit · Jul 9, 1991
Catrett, 477 U.S. 317, 322-24 (1986). 8 Ross argues that the district court erred in finding that defendants were entitled to qualified immunity for their actions. We disagree. … Fitzgerald, 457 U.S. 800 (1982) (state officials are entitled to qualified immunity unless their actions violated a clearly established constitutional or statutory right of which a reasonable person would have known).
Cited 0 timesUnpublished22 F.4th 930 · Court of Appeals for the Tenth Circuit · Jan 7, 2022
Qualified immunity protects public officials from liability for violating statutory or constitutional rights that are not clearly established. See Pearson v. Callahan, 555 U.S. 223, 231 (2009). … Sch., 321 F.3d 1285, 1288–89 (10th Cir. 2003) (concluding that a teacher was not entitled to qualified immunity from a student’s claim of sexual harassment because the right had been clearly established in employment
Cited 9 timesPublishedArkansas 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.
Cited 0 timesPublishedJerome Yates, Jameela Yates v. City of Cleveland, Sanford L. Currie, Officer
941 F.2d 444 · Court of Appeals for the Sixth Circuit · Oct 1, 1991
in light of the legal rules that were ‘clearly established’ at the time it was taken. … [O]ur cases establish that the right the official is alleged to have violated must have been ‘clearly established’ in a more particularized, and hence more relevant, sense: The contours of the right must be sufficiently clear
Cited 147 timesPublishedDistrict 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.
Cited 0 timesPublishedCourt 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.
Cited 0 timesPublished760 F. Supp. 2d 1068 · District Court, D. New Mexico · Jan 24, 2009
Clearly Established Law. … Moreover, he does not enjoy qualified immunity, because retaliatory prosecution has been clearly established as a constitutional violation, and the allegations in the First Amended Complaint, if taken as true, establish such
Cited 19 timesPublished
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