Case law

City of Beverly Hills v. Guevara

911 S.W.2d 901 · Texas Court of Appeals, 10th District (Waco) · Dec 13, 1995

The Court’s definition of good faith is “derived substantially” from the federal qualified immunity law in “section 1983 claims”: Although the cases sometimes refer to the doctrine of qualified “good faith” immunity, the … “[W]e look to whether a reasonable official could have believed his or her conduct to be lawful in light of clearly established law and the information possessed by the official at the time the conduct occurred.”

Jones v. County of Los Angeles

802 F.3d 990 · Court of Appeals for the Ninth Circuit · Sep 21, 2015

However, “[s]pecific binding precedent is not required to show that a right is clearly established for qualified immunity purposes.” Id. (internal quotation marks omitted). … Step Two: Clearly Established Law The second prong of the qualified-immunity analysis asks whether the right in question was “clearly established” at the time of the violation.

Ronald T. Borello v. Richard Allison, Lisa Gales, John Liefer, and John Inman

446 F.3d 742 · Court of Appeals for the Seventh Circuit · May 11, 2006

whether that right was ‘clearly established’ at the time of the alleged conduct.” … Because Plaintiff has not shown that his constitutional rights were violated, we need not move to the second step of the qualified immunity analysis: whether those rights were clearly established at the time of the attack

Duncan v. City of Sandy Springs

District Court, N.D. Georgia · Sep 14, 2020

was clearly established when the violation occurred. … To overcome qualified immunity, the plaintiff bears the burden of showing that a defendant violated clearly established law. See Johnson v. Conway, 688 F. App’x 700, 706 (11th Cir. 2017).

Feltman v. Europe

District Court, D. Colorado · Jan 18, 2022

Once the qualified immunity defense is raised, the burden shifts to the plaintiff to demonstrate that the law was clearly established at the relevant time. Thomas v. Kaven, 765 F.3d 1183, 1194 (10th Cir. 2014). … According to the Tenth Circuit, “[i]n other words, ‘[g]eneral statements of the law can clearly establish a right for qualified immunity purposes if they apply with obvious clarity to the specific conduct in question.

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.

Clem v. COUNTY OF FAIRFAX, VA

150 F. Supp. 2d 888 · District Court, E.D. Virginia · Jul 17, 2001

right involved “at the appropriate level of specificity.” 12 Once this is done, the qualified immunity analysis proceeds to ascertain whether the right so defined was clearly established at the time of the incident. … If the right was not clearly established in the law at the time, no further inquiry is necessary, as qualified immunity is warranted under these circumstances. See Saucier, 121 S.Ct. at 2157.

Jok v. City of Burlington, Vermont

District Court, D. Vermont · Feb 14, 2022

Qualified immunity shields government officials “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights … City of Detroit, 936 F.3d 410, 425 (6th Cir. 2019) (denying qualified immunity and finding an officer’s slamming of an arrestee into a wall violated clearly established federal law); see

Meli v. City of Burlington, Vermont

District Court, D. Vermont · Feb 14, 2022

Torreso, 764 F.3d 217, 237 (2d Cir. 2014) (“An officer is not entitled to qualified immunity on the grounds that the law is not clearly established every time a novel method is used … In assessing whether an officer is entitled to qualified immunity, the Court can begin with the “clearly established” inquiry first, and if it finds that a right was not clearly

Jerry Lynn Young v. Neil B. Biggers, Jr., J.W. Collins

938 F.2d 565 · Court of Appeals for the Fifth Circuit · Jul 26, 1991

Public officers “are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Lynch v. … Herring is entitled to a qualified immunity as Sheriff.

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.

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

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.

Wallace v. King

626 F.2d 1157 · Court of Appeals for the Fourth Circuit · Jul 1, 1980

Washington v. Starke

626 F. Supp. 1149 · District Court, W.D. Michigan · Jan 24, 1986

The real question in this case, as in all cases involving the claim of wralified immunity, is whether the conduct of the individual defendants violated a clearly established constitutional or statutory right, and if so, whether … For these reasons, I conclude that there was no clearly established constitutional or statutory law restricting the individual defendants’ discretionary conduct and, hence, the individual defendants are entitled to qualified

P.F. v. Mendres

21 F. Supp. 2d 476 · District Court, D. New Jersey · Sep 29, 1998

Generally speaking, “[ujnless plaintiffs allegations state a claim of a violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery.” … established right occurred; Judge Greenberg would have ended qualified immunity analysis at that stage of the inquiry).

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

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.