Case law

McCartney v. May

50 S.W.3d 599 · Texas Court of Appeals, 7th District (Amarillo) · Jun 7, 2001

overcome their entitlement to qualified immunity. … ’s qualified immunity on May’s substantive due process claims.

Michael Hampton v. State of California

83 F.4th 754 · Court of Appeals for the Ninth Circuit · Oct 3, 2023

“The doctrine of qualified immunity shields officials from civil liability so long as their conduct ‘does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’” … To be clearly established, the relevant right must have been defined more narrowly.

Lopera v. Town of Coventry

652 F. Supp. 2d 203 · District Court, D. Rhode Island · Sep 9, 2009

On this claim, the officers have asserted the defense of qualified immunity, which “protects government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or … immunity analysis, are more properly explored under the clearly established prong.

Katrina McGrew v. Sergeant Duncan

937 F.3d 664 · Court of Appeals for the Sixth Circuit · Sep 4, 2019

Qualified immunity shields the officers from suit if (1) they did not violate any of McGrew’s constitutional rights or (2) the violated rights, if any, were not “clearly established” when they acted. Pearson v. … So whether they are entitled to qualified immunity turns on whether McGrew suffered an injury and whether the right she claims they violated was clearly established when they acted.

Shemwell v. Cannon

352 F. Supp. 3d 690 · District Court, N.D. Texas · Jan 15, 2019

Qualified Immunity Qualified immunity insulates a government official from civil damages liability when the official's actions do not "violate clearly established statutory or constitutional rights of which a reasonable person … In analyzing whether an individual defendant is entitled to qualified immunity, the court considers whether plaintiff has alleged any violation of a clearly established right, and, if so, whether the individual defendant's

Rodriguez v. Passinault

637 F.3d 675 · Court of Appeals for the Sixth Circuit · Mar 25, 2011

Garner[, 471 U.S. 1 (1985),] provides a ‘clearly established’ right that fulfills the second prong of the qualified immunity analysis.” Id. at 347. … Thus, Pierce is entitled to qualified immunity.” Id. at 878.

Venegas v. County of Los Angeles

63 Cal. Rptr. 3d 741 · California Court of Appeal · Jul 31, 2007

Today qualified immunity shields a public officer from an action for damages under 42 United States Code section 1983 *1242 unless the officer has violated a “clearly established” constitutional right. 24 By “clearly established … established’ at the time.”

Jason Carter v. Mark Ludwick

139 F.4th 982 · Court of Appeals for the Eighth Circuit · Jun 12, 2025

On count two, evidence concealment in violation of due process, the court granted qualified immunity because it was an “entirely novel claim” that was not clearly established. … Carter’s argument does not survive the clearly established prong of the qualified immunity analysis.

Vann v. City of Southaven

199 F. Supp. 3d 1129 · District Court, N.D. Mississippi · Aug 10, 2016

As such, if a court concludes that the “clearly established” prong provides a clearer basis for deciding the qualified immunity issue, then it may consider that prong first. Pearson v. … Thus, the plaintiff in this case has done exactly what the Supreme Court stated he should not do, namely rely upon the broad Gamer standard in order to meet the “clearly established” prong of the qualified immunity test.

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

Kayla Robinson v. Angela Hawkins

937 F.3d 1128 · Court of Appeals for the Eighth Circuit · Sep 5, 2019

In considering a defense of qualified immunity, the law must not be examined at a high level of generality: “The dispositive question is whether the violative nature of particular conduct is clearly established.” … Rulings declaring the violation of a “clearly established right” require careful attention, because “qualified immunity is important to ‘society as a whole,’ and because as ‘an immunity from suit,’ qualified immunity ‘is

Wendy Pauluk v. Glenn Savage

836 F.3d 1117 · Court of Appeals for the Ninth Circuit · Sep 8, 2016

Qualified Immunity We apply a two-part analysis in qualified immunity cases. Kennedy, 439 F.3d at 1060 . … We conclude that the right was not clearly' established, and that Wojcik and Savage are therefore entitled to qualified immunity.

Wright v. City of Philadelphia

409 F.3d 595 · Court of Appeals for the Third Circuit · Jun 6, 2005

violated was clearly established. … right was clearly established.”

Krainski v. Nevada Ex Rel. Board of Regents

616 F.3d 963 · Court of Appeals for the Ninth Circuit · Aug 2, 2010

State officials are entitled to qualified immunity from suits for damages “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … As we have previously noted, the doctrine of qualified immunity protects state actors when the constitutional right at issue was not “clearly established” at the time of the actions at issue.

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.

Robbins v. Wilkie

433 F.3d 755 · Court of Appeals for the Tenth Circuit · Jan 10, 2006

That is, even if the right to exclude is clearly established, they are still entitled to qualified immunity because the right to be free from retaliation in the private property context is not clearly established. … Robbins has thus sufficiently alleged a violation of his clearly established Fifth Amendment rights, and Defendants are not entitled to qualified immunity on Robbins' Bivens claim. 2.

Blakely v. Andrade

360 F. Supp. 3d 453 · District Court, N.D. Texas · Jan 23, 2019

If the court answers both the constitutional violation and clearly established questions in the affirmative, the officer is not entitled to qualified immunity. Lytle , 560 F.3d at 410 . … For purposes of qualified immunity, "clearly established" means that the "contours of the right" are "sufficiently clear that a reasonable official would understand that what he is doing violates that right."

People of Michigan v. Richard Lee Hartwick

Michigan Supreme Court · Jul 27, 2015

not be set aside unless clearly erroneous. … required to establish immunity.

Willashia Williams v. City of York

967 F.3d 252 · Court of Appeals for the Third Circuit · Jul 24, 2020

B The doctrine of qualified immunity shields officials from civil liability “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have … “To resolve a claim of qualified immunity, [we] engage in a two-pronged inquiry: (1) whether the plaintiff sufficiently alleged the violation of a constitutional right, and (2) whether the right was clearly established at

Foreman v. PA BECKWITH

260 F. Supp. 2d 500 · District Court, D. Connecticut · Apr 10, 2003

For the defendants to avail themselves of the protection of qualified immunity, we must determine “if their actions were objectively reasonable, as evaluated in the context of the legal rules that were clearly established … We move now to the second inquiry of qualified immunity analysis to see if the right the defendants are alleged to have violated was clearly established. A.