Case law

Byrd v. Cavenaugh

269 Ga. App. 612 · Court of Appeals of Georgia · Sep 15, 2004

City of Albany. 9 “(T)he test for determining whether a defendant is protected from suit by the doctrine of qualified immunity is the objective reasonableness of the defendant’s conduct as measured by reference to clearly … In determining whether [Cavenaugh] clearly violated plaintiffs Fourth Amendment rights, and thus, whether or not he is entitled to qualified immunity, however, we must examine his actions in light of the Fourth *615 Amendment

Williams v. Austen

District Court, N.D. California · Sep 16, 2021

Dkt. 20 at 13-15. 10 The defense of qualified immunity protects government officials “from liability for civil 11 damages insofar as their conduct does not violate clearly established statutory … Courts may consider these two questions in either order, and a favorable determination for 15 the defendant on either establishes qualified immunity.

Bonett v. Gualtieri

District Court, M.D. Florida · Dec 29, 2022

denial of summary judgment based on qualified immunity.” … was clearly established at the time of Cook’s alleged misconduct.

Norton v. Hall

834 A.2d 928 · Supreme Judicial Court of Maine · Sep 30, 2003

of qualified immunity. … Even if the Nortons had produced facts sufficient to support a constitutional claim, Hall would be entitled to qualified immunity because, given the information she possessed, her conduct “does not violate clearly established

Hereford v. Warren

536 F.3d 523 · Court of Appeals for the Sixth Circuit · Aug 7, 2008

The district court granted ha-beas relief after concluding that the state court’s holding represented an unreasonable application of clearly established federal law, as determined by the United States Supreme Court. 28 U.S.C … That conclusion, however, misapprehends controlling law for AEDPA purposes; the language found in Minsky is not a Supreme Court holding that reflects clearly established federal law.

Rutland v. Pepper

404 F.3d 921 · Court of Appeals for the Fifth Circuit · Mar 28, 2005

Glynn Pepper’s summary judgment motion asserting in part his qualified immunity as a state official. … The doctrine of qualified immunity shields 2 government officials from civil liability as long “as their conduct does not violate clearly established statutory or constitutional

Hoefling v. City of Miami

876 F. Supp. 2d 1321 · District Court, S.D. Florida · Jul 13, 2012

“Unless the plaintiffs allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery.” Behrens v. … Plaintiff has not met his burden of showing that Officer Roque and Sergeant Gonzalez are not entitled to qualified immunity because he has not shown that Defendants violated his “clearly established” rights.

Sanders v. District of Columbia

522 F. Supp. 2d 83 · District Court, District of Columbia · Nov 8, 2007

Qualified immunity “shields State officials from liability for their discretionary functions ‘insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would … step of the qualified immunity analysis.

Jenkins v. University of Minnesota

838 F.3d 938 · Court of Appeals for the Eighth Circuit · Oct 3, 2016

Qualified Immunity “‘Qualified immunity protects government officials performing discretionary functions from liability for damages so long as ‘their conduct does not violate clearly established statutory or constitutional … Where, as here, a defendant fails to establish that he did not violate a right or that the right in question was not clearly established, then he is not entitled to qualified immunity, regardless of whether he acted under

Davis v. Clifford

825 F.3d 1131 · Court of Appeals for the Tenth Circuit · Jun 13, 2016

Qualified immunity “shields public officials from damages actions unless their conduct was unreasonable in light of clearly established law.” Estate of Booker, 745 F.3d at 411 (quotation omitted). … Qualified immunity having been claimed, “the plaintiff carries a two-part burden to show: (1) that the defendant’s actions violated a federal constitutional or statutory right, and, if so, (2) that the right was clearly

Liebenstein v. Crowe

826 F. Supp. 1174 · District Court, E.D. Wisconsin · Sep 4, 1992

Once a public official has raised the defense of qualified immunity,, the plaintiff bears the burden of establishing the existence of the clearly established right that he claims was violated. Abel v. … The use of expert testimony is particularly ill-suited to defeat qualified immunity, especially when there is no clearly established law that the defendants violated.

Thomas Hayden Barnes v. Ronald M. Zaccari

669 F.3d 1295 · Court of Appeals for the Eleventh Circuit · Feb 7, 2012

We turn now to the second part of the qualified immunity analysis: Was Barnes’s right to this predeprivation process clearly established at the relevant time? 2. … The process due Barnes was also clearly established.

Estate of C.A. v. Castro

547 F. App'x 621 · Court of Appeals for the Fifth Circuit · Nov 25, 2013

Individual Defendants’ Qualified Immunity State actors sued in their individual capacity under § 1983 are entitled to qualified immunity “insofar as their conduct does not violate clearly established statutory or constitutional … An official “does not lose qualified immunity merely because a certain right is clearly established in the abstract....

Benjamin Fogle and Amanda Fogle, on behalf of minor child P.F. v. Clay Elementary School-Southeast Polk Community School District, Dirk Halupnik, Andrea Burns and Carla Rivas, individually and in their official capacities with Southeast Polk Community School District

Supreme Court of Iowa · Nov 14, 2025

Supp. 3d at 891–94.  9 illegality of the municipal employee’s actions was not clearly established when the employee acted. Iowa Code § 670.4A(1). … As a couplet, when the substantive qualified immunity defense is inapplicable, then the heightened qualified immunity pleading standard is also inapplicable.” Id. at 805.

Khansari v. City of Houston

14 F. Supp. 3d 842 · District Court, S.D. Texas · Apr 9, 2014

’s Fourth Amendment rights, the court turns directly to the second analytical step of the qualified immunity analysis: whether that right was clearly established when the actions at issue occurred. … January 26, 2010), plaintiffs acknowledge that [f]or the purposes of the qualified immunity analysis, “ ‘clearly established’ means that the ‘contours of the right’ are ‘sufficiently clear that a reasonable official would

Rankel v. County of Westchester

135 A.D.3d 731 · Appellate Division of the Supreme Court of the State of New York · Jan 13, 2016

State officials are entitled to qualified immunity under 42 USC § 1983 for discretionary functions if either (1) their conduct did not violate clearly established constitutional rights, or (2) it was objectively reasonable … for them to believe that their acts did not violate clearly established rights (see Doe ex rel.

David Jones v. Clark Cty., Ky.

959 F.3d 748 · Court of Appeals for the Sixth Circuit · May 18, 2020

Unless the law was clearly established at the time the action occurred, the government official will receive qualified immunity and be insulated from civil suit. Id. … To rebut qualified immunity, Jones must prove that Murray violated a constitutional right and that this right was clearly established. Wesby, 138 S. Ct. at 589.

Conner v. Heiman

672 F.3d 1126 · Court of Appeals for the Ninth Circuit · Mar 9, 2012

We further hold that Heiman and Neil did not violate clearly established rights by arresting Conner. … HEIMAN 2757 clearly established, the Supreme Court has specified that the application of that requirement must be clearly established in a particularized context. Saucier, 533 U.S. at 202.

Morgan v. Bubar

115 Conn. App. 603 · Connecticut Appellate Court · Jul 14, 2009

The defendants argue that Carini and Castronova are entitled to qualified immunity because they did not violate a clearly established constitutional right. … “When [a motion for summary judgment] is based on assertion of qualified immunity, the first issue is whether a clearly established right is at stake. ...

Morgan v. Morgensen

465 F.3d 1041 · Court of Appeals for the Ninth Circuit · Oct 6, 2006

Whether the Constitutional Right was Clearly Established [7] We proceed to the second qualified immunity inquiry: whether that right was clearly established. … A prison official is not entitled to qualified immunity if the law governing his conduct was clearly established such that a reasonable prison official would know that his conduct was unlawful.