Case law

Charles Mitchell v. Josh Shearrer

729 F.3d 1070 · Court of Appeals for the Eighth Circuit · Sep 10, 2013

Qualified immunity shields government officials from liability in a § 1983 action unless the official’s conduct violates a clearly established constitutional or statutory right of which a reasonable person would have known … Our second inquiry in considering the denial of qualified immunity is whether the right violated was clearly established. Whether the facts alleged support such a claim is a legal question for the court to decide.

Shedlock v. Department of Correction

442 Mass. 844 · Massachusetts Supreme Judicial Court · Dec 8, 2004

Gilley, 500 U.S. 226, 232 (1991) (right must be clearly established “at the time the defendant acted” to overcome defense of qualified immunity). … However, the issue whether a statutory right is “clearly established” for purposes of overcoming qualified immunity is not a matter of counting up the number of decisions that have gone each way and treating as “clearly established

HARAPAT v. Vigil

676 F. Supp. 2d 1250 · District Court, D. New Mexico · Oct 13, 2009

Clearly Established Law. … Qualified immunity shields state officials from liability “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v.

BROWN v. ROBINETT

District Court, S.D. Indiana · Feb 19, 2021

"Qualified immunity protects public officials from liability for damages if their actions did not violate clearly established rights of which a reasonable person would have known." Fleming v. … Clearly, an entitlement to qualified immunity cannot be established by the mere incantation of magic words, purportedly buttressed by endless pages of quotes relating to the doctrine. Arguably, Ms.

Coollick v. Hughes

699 F.3d 211 · Court of Appeals for the Second Circuit · Oct 24, 2012

-1- Plaintiff-Appellee’s clearly established rights. Defendant-Appellant is, therefore, entitled to qualified immunity. … We hold that Hughes’s conduct in this case, even when viewed in the light most favorable to Coollick, did not violate Coollick’s clearly established rights. Hughes is therefore entitled to qualified immunity.

Bradley 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

Danny W. TURNER v. Willie MOORE

76 So. 3d 842 · Court of Civil Appeals of Alabama · Jul 29, 2011

‘An official is entitled to qualified immunity if he is performing discretionary functions and his actions do “ ‘not violate clearly established statutory or constitutional rights of which a reasonable person would have known … [’] complaint fails to allege a violation of a clearly established constitutional right.

Maras v. City of Brainerd

502 N.W.2d 69 · Court of Appeals of Minnesota · Jun 22, 1993

Qualified Immunity Appellants claim that, even if the trustee’s claims are actionable under section 1983, Pfingsten is entitled to qualified immunity against those claims. … The threshold question is whether Peterson had a clearly established right which Pfingsten violated. We conclude that he did.

Golodner v. Berliner

770 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

Paugh v. Uintah County

47 F.4th 1139 · Court of Appeals for the Tenth Circuit · Sep 7, 2022

Qualified Immunity Standard of Review “The doctrine of qualified immunity shields officials from civil liability so long as their conduct ‘does not violate clearly established statutory or constitutional rights … The Law is Clearly Established The district court held that the law was clearly established.

Monica Lee, Individually and On Behalf of The Estate of Damien Cameron, and All of the Heirs at Law and Wrongful Death Beneficiaries of Damien Cameron v. Rankin County, Mississippi, Hunter Thomas Elward and Luke Aaron Stickman

Court 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.

Marglli Gallego v. Ivette Perez

Court of Appeals for the Eleventh Circuit · Jun 11, 2024

DISCUSSION “Qualified immunity shields public officials from liability for civil damages when their conduct does not violate a constitutional right that was clearly established at the time … “[I]f a plaintiff cannot show that the law at issue was clearly established under the first . . . method, that usually means qualified immunity is appropriate.” King v.

Brown v. Fortner

518 F.3d 552 · Court of Appeals for the Eighth Circuit · Mar 4, 2008

The court further held that the right Fortner and Scott allegedly violated was clearly established and therefore concluded that Fortner and Scott were not entitled to qualified immunity. … Was the Right Violated Clearly Established? The second question in considering the denial of qualified immunity is whether the right violated was clearly established.

Mabry ex rel. T.M. v. Lee County

100 F. Supp. 3d 568 · District Court, N.D. Mississippi · Mar 30, 2015

In order to overcome a claim of qualified immunity, a plaintiff is required to demonstrate “(1) that the official violated a statutory or constitutional right, and (2) that the right was ‘clearly established’ at the time … Officer Fant is accordingly entitled to qualified immunity.

Michael Fenwick v. United States

778 F.3d 133 · Court of Appeals for the D.C. Circuit · Feb 13, 2015

Under the circumstances of this case, we conclude that the deputies violated no clearly established law and are therefore entitled to qualified immunity. *135 I. … Fenwick’s clearly established constitutional rights.” Id. at 225. On appeal, the deputies challenge the district court’s denial of their motion for summary judgment, renewing their assertion of qualified immunity.

Camilo-Robles v. Hoyos

151 F.3d 1 · Court of Appeals for the First Circuit · Jul 22, 1998

When a supervisor seeks qualified immunity in a section 1983 action, the "clearly established" prong of the qualified immunity inquiry is satisfied when (1) the subordinate's actions violated a clearly established constitutional … Responding to these allegations, each defendant claims qualified immunity and, because both the rights in question and each defendant's susceptibility to supervisory liability are clearly established, these qualified immunity

Opinion No.

Arkansas 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.

Vest v. Easley

145 N.C. App. 70 · Court of Appeals of North Carolina · Jul 17, 2001

They may, however, defend by raising the defense of qualified immunity. Id. … Qualified immunity protects public officials from personal liability for performing official, discretionary functions if the conduct “does not violate clearly established statutory or constitutional rights of which a reasonable

David Roberts v. City of Omaha

723 F.3d 966 · Court of Appeals for the Eighth Circuit · Jul 31, 2013

There is no clearly established law indicating Roberts’s suggested rights applied in the circumstances of this case. The district court should have granted the officers qualified immunity on these claims. … City of Minneapolis, 596 F.3d 465, 482 (8th Cir. 2010) (explaining under “qualified immunity, a county employee may be held personally liable for a constitutional violation only if his own conduct violated a clearly established

Macri v. Brower

District Court, N.D. Georgia · Sep 30, 2024

Finally, to overcome the defendant’s assertion of qualified immunity, the plaintiff must show that the (7) constitutional right he contends was violated was clearly established. … Mims misapprehends exactly what law must be clearly established for purposes of the qualified immunity analysis.