Case law

Finlan v. Dallas Independent School District

90 S.W.3d 395 · Texas Court of Appeals, 11th District (Eastland) · Nov 27, 2002

The defense of qualified immunity shields governmental officials from liability under Section 1983 for civil damages if “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … It did not address the first inquiry in the qualified immunity analysis; that is, it did not address the question of law whether the law was clearly established in 1992 that the filing of a civil suit, alleged to be malicious

Dillard v. City of Springdale, Arkansas

930 F.3d 935 · Court of Appeals for the Eighth Circuit · Jul 12, 2019

“An individual defendant is entitled to qualified immunity if his conduct does not violate clearly established constitutional rights of which a reasonable person would have known.” Estate of Walker v. … Absent either a clearly established right or a constitutional violation, qualified immunity applies. See Estate of Walker, 881 F.3d at 1060. We apply the same standard to claims under the Arkansas Constitution.

Kelly Martin v. Jordan Turner

73 F.4th 1007 · Court of Appeals for the Eighth Circuit · Jul 21, 2023

Assuming without deciding that decisions of the Eighth Circuit may constitute clearly established law for qualified-immunity purposes, cf. City of -4- Escondido v. … Thus, Martin failed to show that clearly established law prohibited Deputy Turner’s conduct, and Deputy Turner is entitled to qualified immunity. III.

Ludt v. Youngstown

2016 Ohio 8553 · Ohio Court of Appeals · Dec 29, 2016

City of Olmsted Falls, 395 F.3d 291, 302 (6th Cir.2005). {¶13} Once qualified immunity is raised, it is the plaintiff's burden of proof to establish that the defendants are not entitled to qualified immunity. … Thus, we need not consider whether Williams is protected by qualified immunity.

Uduko v. Cozzens

975 F. Supp. 2d 750 · District Court, E.D. Michigan · Sep 27, 2013

Plaintiff goes on to argue that defendants are not entitled to qualified immunity because plaintiff pled that his rights that were violated were clearly established at the time of defendants’ conduct. … Of course, those rights are clearly established. However, if courts define rights at such a broad level, qualified immunity will virtually cease to exist. Therefore, in Anderson v.

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

GRIFFIN v. THE CITY OF NEWARK

District Court, D. New Jersey · Dec 20, 2021

determining entitlement to qualified immunity” and teaches officials how to govern their conduct in the future. … Dep’t of Corr., 642 F.3d 163, 176 (3d Cir. 2011) (burden of establishing qualified immunity falls to official claiming it as defense (citing Harlow v. Fitzgerald, 457 U.S. 800, 819 (1982)).

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.

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.

Peter Clayton McClendon v. City of Columbia, City of Columbia James R. Carney

305 F.3d 314 · Court of Appeals for the Fifth Circuit · Sep 5, 2002

established law, and that he was not entitled to qualified immunity. … entitled to qualified immunity, finding that “the law on third-party entry into homes was [not] clearly established in April 1992.”

Coates v. Powell

639 F.3d 471 · Court of Appeals for the Eighth Circuit · Apr 8, 2011

Nevertheless, the court granted Glandon qualified immunity, finding that the law did not clearly establish “at the time of this incident that an officer was required to leave a private home in the middle of a child neglect … “[Qualified immunity protects government officials 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

Alfredo Devargas v. Mason & Hanger-Silas Mason Co., Inc. T.R. Hook, Individually and in His Official Capacity Don Hardwick, Individually and in His Official Capacity, and John Does, Individually and in Their Official Capacities, Los Alamos National Laboratory Richard One Through Two, Individually and in Their Official Capacities University of California Robert Pogna, Employee Los Alamos National Laboratory, Alfredo Devargas v. Mason & Hanger-Silas Mason Co., Inc. T.R. Hook, Individually and in His Official Capacity Don Hardwick, Individually and in His Official Capacity, and the United States Department of Energy John Does, Individually and in Their Official Capacities Los Alamos National Laboratory Richard One Through Two, Individually and in Their Official Capacities Gary Granere, Acting Area Manager-Department of Energy Los Alamos Area Office University of California Donald Kerr, Director, Los Alamos National Laboratory Ed. C. Walterscheid, Employee Los Alamos National Laboratory John S. Herrington Robert Pogna, Employee Los Alamos National Laboratory

844 F.2d 714 · Court of Appeals for the Tenth Circuit · Apr 7, 1988

to qualified immunity. … If the law was not clearly established at the time defendants acted, they are entitled to qualified immunity. Id.; Mitchell, 472 U.S. at 524 , 105 S.Ct. at 2814 .

Osborne v. Seymour

164 Wash. App. 820 · Court of Appeals of Washington · Nov 9, 2011

Qualified Immunity ¶41 “Under the doctrine of qualified immunity, government officials who perform discretionary functions are usually shielded from liability for civil damages if their conduct ‘does not violate clearly established … For qualified immunity purposes, “clearly established” means: “[T]he contours of the right must be sufficiently clear that a reasonable official would understand that what he is doing violates that right.

Bird v. Dzurenda

131 F.4th 787 · Court of Appeals for the Ninth Circuit · Mar 13, 2025

We conclude that such a challenge fails to allege a violation of clearly established law and reverse the district court’s denial of qualified immunity. I. … “[I]n the prison context,” we have said that the “prohibition against retaliatory punishment” may violate “clearly established law” for qualified immunity purposes. Chavez v.

Sugg v. Albuquerque Public School District

128 N.M. 1 · New Mexico Court of Appeals · Aug 16, 1999

Qualified immunity is subject to the collateral order doctrine which grants this Court appellate jurisdiction over suits barred by qualified immunity because qualified immunity is a final bar to suit and is therefore immediately … that the law was clearly established at the time when the alleged violation occurred.

Williams v. Belknap

154 F. Supp. 2d 1069 · District Court, E.D. Michigan · Jul 24, 2001

If the Court were to decide that the right allegedly violated was not clearly established, the doctrine of qualified immunity would shield the defendant from suit. … The Court’s conclusion that the right was clearly established, conversely, would mean that qualified immunity is no obstacle to a continuation of the suit.

(PC) Castellano v. Shrum

District Court, E.D. California · Jul 17, 2023

Legal Standard – Qualified Immunity 13 Government officials enjoy qualified immunity from civil damages unless their conduct 14 violates clearly established statutory or constitutional rights … Ramirez–Palmer, 25 301 F.3d 1043, 1053 (9th Cir. 2002). 26 “For the second step in the qualified immunity analysis—whether the constitutional right 27 was clearly established at

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.

Kyle v. Bedlion

District Court, District of Columbia · Apr 1, 2016

Sergeant Bedlion Is Entitled To Qualified Immunity With Respect To Kyle’s Excessive-Force Claim Because It Was Not Clearly Established That Bedlion’s Use Of Force Violated Kyle’s Fourth Amendment … violated a clearly established right[.]” Muhammad, 881 F. Supp. 2d at 122. Therefore, Bedlion is entitled to qualified immunity on Kyle’s excessive -force claim. B.