Case law

Rios v. City of Azusa

Court of Appeals for the Ninth Circuit · Aug 20, 2026

OPINION MILLER, Circuit Judge: In an interlocutory appeal from an order denying a motion for summary judgment on the basis of qualified immunity, we may consider “whether the facts establish a violation of a clearly … In such an appeal, we may review “whether the facts establish a violation of a clearly established constitutional right, thus defeating qualified immunity.” Peck, 51 F.4th at 885.

Rodis v. City & County of San Francisco

558 F.3d 964 · Court of Appeals for the Ninth Circuit · Mar 9, 2009

demonstrated a violation of clearly established law.” … The arrest, therefore, was not clearly established as unlawful. CONCLUSION For the foregoing reasons, we conclude that Defendants were entitled to qualified immunity.

Anderson v. Village of Forest Park

238 Ill. App. 3d 83 · Appellate Court of Illinois · Oct 28, 1992

In addition, she argues that the Harlow immunity did not apply when the discretionary act violated a clearly established statutory or constitutional right. … Because qualified immunity is an affirmative defense, defendants had the burden of proving either that the law was not clearly established or, if the law was clearly established, that defendants neither knew nor should have

Mueller v. Auker

576 F.3d 979 · Court of Appeals for the Ninth Circuit · Aug 10, 2009

by the Court of Appeals — that Mitchell’s actions violated clearly established law....” … The legal issues involved in that appeal-whether Aguilar violated clearly established constitutional protections— are identical to those governing the question of Aguilar’s qualified immunity.

Foster v. Runnels

554 F.3d 807 · Court of Appeals for the Ninth Circuit · Feb 5, 2009

The District Court however found that Cole was entitled to qualified immunity because the constitutional right in question was not clearly established. … Clearly Established Right The District Court found that Cole was entitled to qualified immunity because the Eighth Amendment right to adequate food was not clearly established such that it would be clear to a reasonable corrections

Carter v. Broome County

District 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.

Terry v. Cnty. of Milwaukee

357 F. Supp. 3d 732 · District Court, E.D. Wisconsin · Jan 11, 2019

The test for qualified immunity is (1) whether the defendants' alleged actions violated the plaintiff's constitutional rights; and (2) "whether the implicated right was clearly established at the time." Jones v. … Therefore, if Bevenue did ignore Terry's cries for help as she went into labor, qualified immunity would not protect Bevenue from suit because "qualified immunity does not insulate state actors from violations of clearly

Ware v. James City County, Virginia

652 F. Supp. 2d 693 · District Court, E.D. Virginia · Sep 4, 2009

Defendants further argue that, even assuming that the arrest was unconstitutional, they are entitled to qualified immunity because the rights which Defendants allegedly violated were not clearly established at the time of … Under the second prong of the qualified immunity analysis, the Court must determine whether the right alleged to have been violated was a clearly established right, such that a reasonable police officer would have known,

Campbell v. Burt

949 F. Supp. 1461 · District Court, D. Hawaii · Jun 14, 1996

Qualified Immunity For Defendant’s Failure to File a Timely Petition 19. An official is entitled to qualified immunity if the right which he allegedly violated is not “clearly established.” Anderson v. … established for purposes of qualified immunity.

Cortezz Dickerson v. William Bower

Court of Appeals of Kentucky · Feb 21, 2025

DISPOSITIVE ORDER FINDING QUALIFIED OFFICIAL IMMUNITY AND THE PROPER STANDARD OF REVIEW Appellees asserted in their answer to the complaint the affirmative defense of qualified official immunity … Appellees were entitled to qualified immunity from the torts Appellants alleged against them.

State ex rel. West Virginia Department of Health & Human Resources v. Kaufman

203 W. Va. 56 · West Virginia Supreme Court · Jul 10, 1998

from suit based upon (1) statutory immunity; (2) quasi-judicial immunity; (3) common-law doctrine of qualified immunity and no violation of a clearly established right; and (4) absence of duty based upon the public duty … ; (3) common-law doctrine of qualified immunity and no violation of a clearly established right; and (4) absence of duty based upon the public duty doctrine.

Von Stein v. Brescher

696 F. Supp. 606 · District Court, S.D. Florida · Oct 5, 1988

, their conduct violated “clearly established law.” … Scherer, 468 U.S. 183, 194-95 , 104 S.Ct. 3012, 3019-20 , 82 L.Ed.2d 139 (1984), any claim to qualified immunity would not be lost merely for the violation of the clearly established law embodied in that statute.

McGuire v. County of Hawai'i. Concurring Opinion by Ginoza, J, filed 04/08/2025 [ada].

Hawaii Supreme Court · Apr 8, 2025

Rafe Foreman, Qualified Immunity: A Legal Fiction That Has Outlived Utility, 48 Ohio N.U. L. Rev. 503, 519 (2022). The good faith test evolved to a clearly-established-law test. Harlow v. … Qualified immunity whitewashes civil rights deprivations by excusing bad-acting officials from liability so long as their conduct does not offend a clearly established right.

Shadmani v. Barnes

District Court, M.D. Florida · Oct 11, 2024

that they violated a clearly established constitutional right. … the qualified immunity privilege, even in the absence of case law.

Atherton v. District of Columbia Office of the Mayor

813 F. Supp. 2d 78 · District Court, District of Columbia · Sep 26, 2011

"If no constitutional right would have been violated were the allegations established, there is no necessity for further inquiries concerning qualified immunity." Id. … Marshal protected by qualified immunity where “the law in 2002 did not clearly establish that strip searching all male arrestees prior to placement in holding cells at the Superior Court violated the Fourth Amendment.”)

Fenstermaker v. City of Dayton, Ohio

712 F. Supp. 639 · District Court, S.D. Ohio · Aug 17, 1988

, but also [in order to find a claim of qualified immunity to be well taken] that it was not clearly established that the circumstances under which the official or officer was confronted at the time of the challenged action … Qualified immunity protects the individual police officers from liability under federal law for their official actions, if said actions do not violate clearly established legal, statutory or constitutional rights.

Charles Austin v. Redford Township Police Depart

690 F.3d 490 · Court of Appeals for the Sixth Circuit · Aug 8, 2012

Qualified Immunity on Austin’s Excessive Force Claims “Qualified immunity protects government officials performing discretionary functions unless their conduct violates a clearly established statutory or constitutional … Page 7 force against a subdued suspect was clearly established.

Pethtel v. West Virginia State Police

568 F. Supp. 2d 658 · District Court, N.D. West Virginia · Jul 29, 2008

Qualified immunity is abrogated only upon a showing that the officer’s conduct violated a constitutional right and that such right was clearly established at the time the conduct occurred. Id. … Furthermore, even if the plaintiff had established a constitutional injury, the supervisors are entitled to qualified immunity because, as discussed above, such injury was not clearly established at the time. E.

Pray v. City of Sandusky

49 F.3d 1154 · Court of Appeals for the Sixth Circuit · Mar 21, 1995

In other words, qualified immunity is appropriate either on the basis that the right allegedly violated was not at the time “clearly established,” or if “clearly established,” was one that a “reasonable” person in the defendant … Thus, when a defendant moves for summary • judgment based on qualified immunity, the plaintiff must: 1) identify a clearly established right alleged to have been violated; and 2) establish that a reasonable officer in the

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.