Case law

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

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

Henderson v. Harris County

51 F.4th 125 · Court of Appeals for the Fifth Circuit · Oct 12, 2022

But unpublished opinions “do not establish any binding law for the circuit,” so “they cannot be the source of clearly established law for the qualified immunity analysis.” Marks v. … This court denied the officer qualified immunity.

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.”)

Primus

District Court, D. South Carolina · Feb 17, 2026

Plaintiff’s claim against Defendant in her individual capacity is further barred by qualified immunity as Plaintiff has not stated a constitutional violation. Harlow v. … Fitzgerald, 457 U.S. 800, 818 (1982) (noting that qualified immunity protects government officials performing discretionary functions from civil damage suits as long as the conduct in question does not “violate clearly

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'

Heyward v. Christmas

352 S.C. 298 · Court of Appeals of South Carolina · Nov 4, 2002

Government officials “performing discre *309 tionary functions generally are granted a qualified immunity and are ‘shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory … to qualified immunity, the circuit court erred in granting Christmas a directed verdict based on qualified immunity.

Adair v. Hunter

236 F. Supp. 3d 1034 · District Court, E.D. Tennessee · Feb 16, 2017

Under the doctrine of. qualified immunity, “government . officials performing discretionary functions generally are shielded from liability from civil damages insofar as their conduct does not violate clearly established … In the alternative, Defendants argue that they are entitled to qualified immunity because there was no clearly established law regarding the illegality of the alleged conduct under the THRA. (Doc. 30 at 2-6).

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

Morales v. Chadbourne

235 F. Supp. 3d 388 · District Court, D. Rhode Island · Jan 24, 2017

clearly established at the time of the event. … Where Director Chadbourne’s qualified immunity defense fails is.in.proving the “clearly established” prong. The evidence shows that it was clearly established in 2009 that Ms.

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."

James Rieves v. Town of Smyrna, Tenn.

Court of Appeals for the Sixth Circuit · May 15, 2020

Qualified immunity protects government officials from civil suits for damages, so long as their conduct “does not violate clearly established statutory or constitutional rights of which a reasonable person would have known … On a general level, “[i]t is clearly established that an arrest without probable cause violates the Fourth Amendment.” Crockett v.

Davison v. Plowman

247 F. Supp. 3d 767 · District Court, E.D. Virginia · Mar 28, 2017

Defendant is entitled to qualified immunity with respect to his decision to block Plaintiff from further . posting on the Loudoun County Commonwealth’s Attorney Facebook Page. • Qualified ■ immunity . serves to shield government … In evaluating whether Defendant is entitled to qualified immunity, the Court must determine “(1) whether the plaintiff has established the violation of a constitutional right, and (2) whether that right was clearly established

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

Amato v. Office of Com'r of Securities

644 So. 2d 412 · Louisiana Court of Appeal · Nov 15, 1994

The difference between absolute immunity and qualified immunity is at absolute immunity is a complete bar against suit for damages arising from a judge's conduct, while qualified immunity is an affirmative defense that protects … Thus, the majority was clearly wrong in holding that Stansbury was entitled to qualified immunity from liability for his actions under LSA-R.S. 9:2798.1.

Kirk Vester v. Daniel Hallock

864 F.3d 884 · Court of Appeals for the Eighth Circuit · Jul 25, 2017

“We analyze qualified immunity in two steps: (1) whether the facts that a plaintiff has alleged . . . make out a violation of a constitutional right; and (2) whether the right at issue was clearly established at the time … However, as the district court correctly noted, “‘Qualified immunity is no immunity at all if clearly established law’ can be defined at such a ‘high level of generality.’” See City & Cty. of S.F., Calif. v.

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

Bradley v. Medical Board

56 Cal. App. 4th 445 · California Court of Appeal · Jul 15, 1997

Immunity The qualified immunity defense protects “government officials performing discretionary functions . . . from liability for civil damages insofar as their conduct does not violate clearly established statutory or … When qualified immunity is asserted, we must undertake a two-step analysis: “(1) Was the law governing the official’s conduct clearly established?

Pendleton v. Goord

849 F. Supp. 2d 324 · District Court, E.D. New York · Mar 27, 2012

Legal Standard Government actors may be shielded from liability for civil damages by qualified immunity, i.e., if their “conduct did not violate plaintiffs clearly established rights, or if it would have been objectively … Defendants argue that the Second Circuit’s decision in Earley did not clearly establish, for the purposes of qualified immunity, that the administrative imposition of a period of PRS violated a constitutional right.

Miller v. IDAHO STATE PATROL

150 Idaho 856 · Idaho Supreme Court · May 18, 2011

If a government official violates the claimant’s constitutional rights, qualified immunity “generally turns on the objective reasonableness of the action assessed in light of the legal rules that were clearly established … qualified-immunity inquiry instead.