Case law

Gloria Jean Harper, Individually and as Mother and Next Friend of Jordan Harper a Minor and Jordan Harper v. Harris County, Texas, John P. Denholm

21 F.3d 597 · Court of Appeals for the Fifth Circuit · Jun 28, 1994

Qualified immunity protects a police officer from liability if a reasonable competent law enforcement officer would not have known that his actions violated clearly established law. Anderson v. … The examination of a claim of qualified immunity is a two-step process. The first inquiry is whether the plaintiff has alleged a violation of a clearly established constitutional' right. Siegert v.

Owens v. Baltimore City State's Attorneys Office

767 F.3d 379 · Court of Appeals for the Fourth Circuit · Sep 24, 2014

Qualified immunity protects government officials from liability for “civil damages insofar as their conduct does not violate clearly established ... rights of which a reasonable person would have known.” … In evaluating whether qualified immunity exists, we must keep in mind that it is the plaintiffs constitutional right that must be clearly established, not a plaintiffs access to a monetary remedy.

Henderson v. Baird

29 F.3d 464 · Court of Appeals for the Eighth Circuit · Jul 14, 1994

They are entitled to qualified immunity unless their conduct violates “clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … The magistrate judge went on to deny qualified immunity on the substantive due process claim because the law was clearly established “that substantive due process required that at least some evidence was needed to support

Rippy v. Hattaway

270 F.3d 416 · Court of Appeals for the Sixth Circuit · Nov 2, 2001

When a defendant asserts qualified immunity in the face of a claim under § 1983, the plaintiff bears an additional burden of pleading facts that, if taken as true, establish not only the violation of his rights, but also … While the promulgation and enforcement of procedures is a conceivable basis for a claim under § 1983, a plaintiff overcomes a qualified immunity defense only by identifying a particularized, clearly established right that

James Ryan Singletary v. Juan Vargas

804 F.3d 1174 · Court of Appeals for the Eleventh Circuit · Oct 29, 2015

Qualified Immunity Resolution of Defendant’s appeal requires us to decide whether Plaintiff proved that Defendant was not entitled to qualified immunity for his actions.9 Qualified immunity balances two important … Clearly Established Law Even assuming a constitutional violation, Defendant is entitled to qualified immunity unless Plaintiff can show that his Fourth Amendment rights were “clearly established” at the time of

Alexys Sherry Parker v. Officer Adam Chard

777 F.3d 977 · Court of Appeals for the Eighth Circuit · Jan 29, 2015

Qualified immunity shields public officials performing discretionary functions from liability for conduct that “‘does not violate clearly established statutory or constitutional rights of which a reasonable person would have … To overcome qualified immunity, a plaintiff must demonstrate that (1) there was a deprivation of a constitutional or statutory right, and (2) the right was clearly established at the time of the deprivation.

ATKINSON v. APODACA

District Court, W.D. Pennsylvania · Mar 5, 2025

Defendants are not entitled to summary judgment on the basis of qualified immunity. … Evanson, 615 F.3d 197, 223 (3d Cir. 2010) (burden of establishing entitlement to qualified immunity on summary judgment is on the defendant). See also Collick v. William Paterson U., 699 Fed.

Deputy v. City of Seymour

34 F. Supp. 3d 925 · District Court, S.D. Indiana · Jul 21, 2014

Under the circumstances presented here, the Court considers it most prudent to proceed to the second question regarding qualified immunity — whether the right at issue was clearly established at the time of the violation. … First, in the context of qualified immunity, the Seventh Circuit has emphasized “[i]mportantly, the right must be clearly established in a particularized sense, rather than in an abstract or general sense.”

White v. Chapman

119 F. Supp. 3d 420 · District Court, E.D. Virginia · Apr 6, 2015

The Court holds that Deputy Phillips is not entitled to qualified immunity in this casé because genuine issues of material fact remain regarding whether Defendant violated Plaintiffs clearly established Fourth Amendment rights … As to qualified immunity, the constitutional rights at issue are clearly established, and a reasonable officer would have been aware of the Fourth Amendment requirement of probable cause, for arrest or issuing a summons on

Phillips v. Garcia

147 So. 3d 569 · District Court of Appeal of Florida · Aug 13, 2014

Additionally, Phillips argued that she was entitled to qualified immunity. … Affirmed. 5 We also find it significant that Phillips’s motion for 57.105 fees did not allege qualified immunity as a grounds for entitlement to an award of fees. Cf. Lago v.

James Vandevender v. Captain Walter Sass

970 F.3d 972 · Court of Appeals for the Eighth Circuit · Jul 31, 2020

Qualified immunity shields government officials performing discretionary functions from civil liability “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … clearly established at the time of the alleged violation.

Melinda Thompson v. City of Lebanon

831 F.3d 366 · Court of Appeals for the Sixth Circuit · Jul 26, 2016

ANALYSIS Qualified immunity shields government officials from standing trial for civil liability in their performance of discretionary functions unless their actions violate clearly established rights. Harlow v. … Floyd affirmed the denial of qualified immunity on facts similar to those in this case.

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.

Joseph Watson v. Patrick Pearson

928 F.3d 507 · Court of Appeals for the Sixth Circuit · Jun 28, 2019

Qualified immunity The doctrine of 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 … In sum, the officers are not entitled to qualified immunity because they violated Watson's constitutional rights and because those rights were clearly established when the incident occurred.

Zollicoffer v. Livingston

169 F. Supp. 3d 687 · District Court, S.D. Texas · Mar 14, 2016

Qualified Immunity Qualified immunity shields government officials performing discretionary functions from liability for civil damages so long as their conduct does not violate clearly established rights of which a reasonable … That “runs directly counter to Farmer’s directive,” and contravenes clearly established law. Id. Accordingly, Plaintiff has alleged facts that could defeat qualified immunity.

Penate v. Hanchett

944 F.3d 358 · Court of Appeals for the First Circuit · Dec 13, 2019

This appeal raises issues under the clearly established law prong of the qualified immunity test for supervisory state officials. … Hanchett does not separately argue that any ruling on our part on the clearly established prong of qualified immunity is "inextricably intertwined," and so he has waived such argument. See United States v.

Bustillos v. El Paso County Hospital District

226 F. Supp. 3d 778 · District Court, W.D. Texas · Jun 6, 2016

Here, the Court finds the second qualified immunity prong dispositive. … The second prong of the qualified immunity analysis requires the Court to decide whether it is “clearly established” that medical personnel must have their own independent reasonable suspicion before searching a detained

Jennings v. Jones

499 F.3d 2 · Court of Appeals for the First Circuit · Aug 17, 2007

Prong Two: Whether the Law Was Clearly Established The second prong of the qualified immunity analysis asks “whether the constitutional right ... was ‘clearly established’ at the time of the incident such that it would ‘be … violated that clearly established constitutional right.”

Montoya v. Vigil

898 F.3d 1056 · Court of Appeals for the Tenth Circuit · Aug 7, 2018

in the proceedings against him, he only argues the statements’ use at trial violated his clearly established Fifth Amendment rights. … these issues, we find it unnecessary to address whether the Detectives’ interrogation tactics were actually coercive under clearly established law

Royal Crown Day Care LLC v. Department of Health & Mental Hygiene

746 F.3d 538 · Court of Appeals for the Second Circuit · Mar 19, 2014

Defendants’ Qualified Immunity Defense “The defendants are entitled to qualified immunity if they can establish either that (1) ‘a constitutional right was [not] violated’ or (2) ‘the right was [not] clearly established.’ … established.