Case law

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.

Johnson v. Harris

District Court, W.D. Oklahoma · Aug 7, 2024

“When a defendant raises a qualified immunity defense, the court must dismiss the action unless the plaintiff shows that (1) the defendant violated a statutory or constitutional right, and (2) the right was clearly established … support for the notion that the law is clearly established.”).6 Accordingly, Ms. Johnson’s Fourth Amendment claim against Ms. Shelton-Denley is barred by qualified immunity.7 B.

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,

Self v. City of Mansfield

369 F. Supp. 3d 684 · District Court, N.D. Texas · Mar 26, 2019

Under the doctrine of qualified immunity, "government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory … a clearly established constitutional right.

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

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

Stephen Burrell v. Mike McIlroy Glen C. Rector Jeff Thorpe

464 F.3d 853 · Court of Appeals for the Ninth Circuit · Sep 20, 2006

Moreover, even if Rule 41 were applicable to the search, at the time of the search the failure to serve a warrant at the outset of a search was not a clearly established violation of the constitution. … Thus, on the facts of this case, the district court did not err in finding that the detectives were entitled to qualified immunity on this issue.

Karen Bonitz v. Michael v. Fair, Karen Bonitz v. Michael v. Fair, Appeal of William Shaughnessy

804 F.2d 164 · Court of Appeals for the First Circuit · Nov 3, 1986

When a government official asserts a defense of qualified immunity, his argument is that, even assuming the plaintiff’s allegations are true, he is immune from suit because the law allegedly violated was not clearly established … ” were clearly established.

Callahan v. Millard County

494 F.3d 891 · Court of Appeals for the Tenth Circuit · Jul 16, 2007

The district court held that the individual officers were entitled to qualified immunity because Mr. Callahan did not establish that the officers violated a clearly established right. … Callahan’s rights were clearly established Having established that Mr. Callahan’s rights were violated, we now turn to whether these rights were clearly established.

Pyle v. Woods

874 F.3d 1257 · Court of Appeals for the Tenth Circuit · Nov 1, 2017

Database was not clearly established. … As in the Pyle matter, the district court concluded Detective Woods and Mayor Cullimore were entitled to qualified immunity because the constitutional right at issue was not clearly established.

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.

Smith v. Coughlin

727 F. Supp. 834 · District Court, S.D. New York · Dec 28, 1989

The remainder of this case must nevertheless be disposed of on qualified immunity grounds. 7 State officials are immune from suits for damages 8 alleging constitutional violations if it was not clearly established at the … The court further held that the defendants were entitled to qualified immunity because the officials had not violated clearly established law, citing three reasons: (1) the defendant prison officials could reasonably have

BD. OF COM'RS OF EFFINGHAM CTY. v. Farmer

228 Ga. App. 819 · Court of Appeals of Georgia · Oct 15, 1997

Public officials are entitled to qualified immunity 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 … The test for determining whether a defendant is protected from suit by reason of qualified immunity is the objective reasonableness of the defendant’s conduct as measured by reference to clearly established law; in this regard

Hurst v. Sikes

District Court, W.D. Arkansas · Mar 24, 2022

Defendants then contend they are entitled to qualified immunity on each of the claims. … Similarly, Deputy Sikes is not entitled to qualified immunity. Pace v.

Elder v. Holloway

975 F.2d 1388 · Court of Appeals for the Ninth Circuit · Dec 19, 1991

In opposition to the officers’ motion for summary judgment on qualified immunity, Elder proffered three out-of-state cases to show that the law was clearly established that a warrant was required to make a “constructive entry … On the issue of qualified immunity, Elder argued in the district court that the law was clearly established that an Idaho warrant was required to make a “constructive *1391 entry” over the threshold.

Jimenez v. City of Sacramento

District Court, E.D. California · May 8, 2025

The Officers Are Not Entitled to Qualified Immunity. 5 Defendants also argue that they are entitled to qualified immunity. … “For purposes of qualified 22 immunity's clearly established prong, there does not have to be a case directly on 23 point.” D'Braunstein v. Cal.

Keys Youth Services, Inc. v. City of Olathe, Kan.

38 F. Supp. 2d 914 · District Court, D. Kansas · Feb 23, 1999

“If the district court denies the defendant qualified immunity, the court should identify on the record the defendant’s conduct that violated clearly established law.” Mick v. … Even if so, the law on this point is not clearly established and thus defendants are entitled to qualified immunity on any such claim. B.

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.

Benjamin v. Washington State Bar Ass'n

138 Wash. 2d 506 · Washington Supreme Court · Jul 22, 1999

Benjamin’s termination the law was not clearly established that the termination constituted state action, nor was the law clearly established that Dr. … Consequently, we need not address the second step in qualified immunity analysis—determining whether *528 the constitutional right allegedly violated was clearly established at the time the dispute arose.