Case law

Marie Moderwell v. Cuyahoga Cnty., Ohio

997 F.3d 653 · Court of Appeals for the Sixth Circuit · May 12, 2021

“clearly established” at the time of the challenged conduct.”’ … Although the factual record is currently wholly undeveloped, the Corrections Defendants nonetheless argue that they are “entitled to qualified immunity because they did not violate a clearly established constitutional right

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.

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).

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

Adam Brooks v. Clark County

828 F.3d 910 · Court of Appeals for the Ninth Circuit · Jul 7, 2016

To that end, qualified immunity shields an officer from damages liability when it was not “clearly established that the Fourth Amendment prohibited [his] conduct in the ‘situation [he] confronted.’” Mullenix v. … qualified immunity defense.

Creech Poole v. City of Shreveport

13 F.4th 420 · Court of Appeals for the Fifth Circuit · Sep 10, 2021

Qualified immunity shields officers from liability unless their conduct violates a clearly established federal right of which a reasonable person would have known. Kisela v. Hughes, 138 S. … of clearly established law.

Lichtenstein v. Lower Merion Sch. Dist.

316 F. Supp. 3d 855 · District Court, E.D. Pennsylvania · Jun 28, 2018

"The second prong of the qualified-immunity analysis asks whether the right in question was 'clearly established' at the time of the violation." Id. at 1866 . … of controlling authority in our jurisdiction or a robust consensus of cases of persuasive authority in the Courts of Appeals [that] could clearly establish a right for purposes of qualified immunity."

Katz v. United States

194 F.3d 962 · Court of Appeals for the Ninth Circuit · Oct 22, 1999

On the issue of qualified immunity, the district court held that the law governing the use of force in an arrest was clearly established. … A defendant will always be entitled to qualified immunity when the law governing his or her conduct was not clearly established -the first prong of the qualified immunity defense. 30 As a fallback position, Saucier argues

Lytle v. Bexar County, Tex.

560 F.3d 404 · Court of Appeals for the Fifth Circuit · Feb 25, 2009

The Clearly Established Right At the second step of the qualified immunity inquiry, we ask whether the violated constitutional right was clearly established at the time of the violation. … The right in question was therefore clearly established on February 28, 2006, and this is sufficient to affirmatively answer the qualified immunity question of our inquiry.

Patricia MacIntosh v. Ron Clous

69 F.4th 309 · Court of Appeals for the Sixth Circuit · May 31, 2023

Whether the Right Was Clearly Established The second prong of the qualified immunity analysis asks whether the right was “clearly established such ‘that a reasonable official would understand that what he is doing … Taken as true, MacIntosh’s allegations plausibly show that Clous is not entitled to qualified immunity because it was clearly established that Clous’s conduct violated MacIntosh’s First Amendment rights.

Rich v. City of Mayfield Heights

955 F.2d 1092 · Court of Appeals for the Sixth Circuit · Feb 4, 1992

To determine if the defendant police officers’ actions violated any clearly established constitutional rights such that they would not be entitled to rely on qualified immunity, it is necessary for the Court to decide (1) … We held that: [T]he rights the district court cites as having been clearly established were not particularized rights as required by Anderson and, thus, were not sufficient to deny the defendants qualified immunity.

Clancy v. McCabe

58 Mass. App. Ct. 498 · Massachusetts Appeals Court · Jul 8, 2003

The qualified immunity test is a two-step inquiry. See Saucier v. Katz, 533 U.S. at 201-202. 1. Whether constitutional violation clearly established. … “[T]he ‘clearly established [right]’ prong of the qualified immunity inquiry is satisfied when (1) the subordinate’s actions violated a clearly established constitutional right, and (2) it was clearly established that a supervisor

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.

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.

Lynette Christmas v. Harris County, Georgia

51 F.4th 1348 · Court of Appeals for the Eleventh Circuit · Oct 28, 2022

DISCUSSION “Qualified immunity offers complete protection for govern- ment officials sued in their individual capacities if their conduct ‘does not violate clearly established statutory or constitutional rights of … If, however, the official vio- lated the law[,] but his conduct was not clearly established as un- lawful, the court must grant him qualified immunity.

McGrew v. Duncan

333 F. Supp. 3d 730 · District Court, E.D. Michigan · Aug 10, 2018

Government officials are entitled to qualified immunity where their actions do not "violate clearly established statutory or constitutional rights of which a reasonable person would have known." Greene v. … This right was "clearly established" for qualified immunity purposes at the time McGrew was placed in handcuffs. Id. (citation omitted).

Peggy Shumpert v. City of Tupelo, Mississip

905 F.3d 310 · Court of Appeals for the Fifth Circuit · Sep 24, 2018

The resolution of this case turns primarily on whether these rights were clearly established, so we will begin with that step of the qualified immunity analysis. … established law. 60 He is therefore entitled to qualified immunity on this claim. 61 C.

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,

Trenisha Webster v. Jennifer Westlake

41 F.4th 1004 · Court of Appeals for the Eighth Circuit · Jul 27, 2022

State officials are entitled to qualified immunity in § 1983 lawsuits unless they violated a federal “statutory or constitutional right that was clearly established at the time.” City & Cnty. of S.F. v. … Although the detectives violated Webster’s Fourth Amendment rights, they are entitled to qualified immunity if the right was not clearly established on October 16, 2018. Pearson, 555 U.S. at 244.

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