Case law

Simpson v. Hines

730 F. Supp. 753 · District Court, E.D. Texas · Nov 8, 1989

If a reasonable police officer in the position of the defendant police officers would have known his or her use of force violated the clearly established law, it is objectively unreasonable. Graham v. … This court finds, taking the plaintiffs’ allegations as true, that a reasonable police officer in the position of the defendant police officers, would have known that the actions taken in the jail cell violated clearly established

Stanley R. Guffey v. Eldridge Wyatt, Officer

18 F.3d 869 · Court of Appeals for the Tenth Circuit · Mar 9, 1994

Officer Wyatt contends the trial court erred in finding his alleged conduct violated clearly established law. … As our jurisprudence makes clear, when a defendant raises qualified immunity, the burden shifts to the plaintiff to establish the defendant violated clearly established constitutional rights. Hannula v.

Richardson v. Chevrefils

131 N.H. 227 · Supreme Court of New Hampshire · Dec 12, 1988

Fitzgerald, supra at 818 , a defendant is entitled to immunity unless his actions violated “legal norms . . . clearly established at the time of the challenged actions,” Mitchell v. … Nonetheless, inquiries into immunity and into the sufficiency of a complaint obviously overlap considerably, and a complaint that clearly fails to state a claim need hardly be the subject of a subtle enquiry into qualified

Schifanelli v. Loveday

District Court, District of Columbia · Mar 31, 2026

Qualified immunity “Government officials enjoy qualified immunity from suit under [Section] 1983 unless their conduct violates clearly established law.” Zorn v. Linton, No. 25-297, 2026 WL 795469, at *2 (U.S. … June 9, 2025) (denying a motion for summary judgment on the basis of qualified immunity in a case that did not involve a drug-sniffing dog because Rodriguez is clearly established law).

Williams v. Pate

463 S.W.3d 734 · Court of Appeals of Arkansas · May 20, 2015

Appellees filed an answer asserting the affirmative defense of qualified immunity. … of qualified immunity.

Taylor v. LeBlanc

60 F.4th 246 · Court of Appeals for the Fifth Circuit · Feb 14, 2023

Now Secretary LeBlanc appeals the denial of qualified immunity arguing, inter alia, that his conduct wasn’t objectively unreasonable in light of clearly established law. … The right to timely release is clearly established.

Daniels Sharpsmart, Inc. v. Karen Smith

889 F.3d 608 · Court of Appeals for the Ninth Circuit · May 2, 2018

In determining whether qualified immunity applies, courts “must determine whether: (1) the facts adduced constitute the violation of a constitutional right; and (2) the constitutional right was clearly established at the … It is that rock upon which the district court’s qualified immunity decision founders. The district court was satisfied that, as it said, “[t]he extraterritorialty doctrine has been clearly established for decades.”

Nelson v. Town of St. Johnsbury, LaMotte, Oddy, Ruggles, Rust, Timson and Town of St. Johnsbury

198 Vt. 277 · Supreme Court of Vermont · Jan 16, 2015

The Town argues that its selectboard members are entitled to qualified immunity because they did not violate a clearly established right. … We therefore conclude that the law was not clearly established and the selectboard is entitled to qualified immunity. On this point, we ¿ffirm the trial court’s grant of summary judgment.

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.

Richard Manriquez v. Joel Ensley

46 F.4th 1124 · Court of Appeals for the Ninth Circuit · Aug 30, 2022

But there still might not be “clearly established” case law in our circuit to withstand qualified immunity. Cf. Jessop v. … The officers are entitled to qualified immunity because it was not clearly established then that the search violated the Fourth Amendment.

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

Barbara Hager v. Arkansas Dept. of Health

735 F.3d 1009 · Court of Appeals for the Eighth Circuit · Nov 14, 2013

Under the doctrine of qualified immunity, a court must dismiss a complaint against a government official in his individual capacity that fails to state a claim for violation of “clearly established statutory or constitutional … See also Iqbal, 556 U.S. at 685; Mitchell, 472 U.S. at 526 (“Unless the plaintiff’s allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before

Lopez v. Robinson

914 F.2d 486 · Court of Appeals for the Fourth Circuit · Sep 17, 1990

the qualified immunity inquiry. … The prison officials have qualified immunity from both claims.

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.

Terry Cravener v. Mike Shuster

885 F.3d 1135 · Court of Appeals for the Eighth Circuit · Mar 27, 2018

Government officials, like the deputies here, are entitled to qualified immunity “unless the official’s conduct violated a clearly established constitutional or statutory right of which a reasonable official would have known … Determining qualified immunity, this court considers a “two-step inquiry: (1) whether the facts shown by the plaintiff make out a violation of a constitutional or statutory right, and (2) whether that right was clearly established

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.

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

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