Case law

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.

Huber v. North Carolina State University

163 N.C. App. 638 · Court of Appeals of North Carolina · Apr 20, 2004

Under the doctrine of qualified immunity, “government officials per *645 forming discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established … We must therefore determine whether Plaintiff’s right to privacy was clearly established at the time.

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

Davdrin Goffin v. Robbie Ashcraft

977 F.3d 687 · Court of Appeals for the Eighth Circuit · Oct 15, 2020

Officer Ashcraft is entitled to qualified immunity if her conduct did not “violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … Police officers are not entitled to qualified immunity if “(1) they violated a federal statutory or constitutional right, and (2) the unlawfulness of their conduct was clearly established at the time.”

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.

Chad J. Alvarado v. Jon E. Litscher, Secretary, Jane Gamble, B. McCreedy

267 F.3d 648 · Court of Appeals for the Seventh Circuit · Sep 28, 2001

Qualified immunity protects government officials from civil liability when performing discretionary functions so long as “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … To overcome a defense of qualified immunity, the plaintiff must first allege the deprivation of an actual constitutional right, and second, show that the right was clearly established at the time of the alleged violation.

Don Karns v. Kathleen Shanahan

879 F.3d 504 · Court of Appeals for the Third Circuit · Jan 11, 2018

However, as in Fields itself, this right was not clearly established at the time of the challenged conduct. … Accordingly, although the right identified by Karns and Parker is now clearly established in this Circuit, our qualified immunity analysis in this case remains unchanged. See Brosseau v.

Gerald Johnson v. Mike Moody

903 F.3d 766 · Court of Appeals for the Eighth Circuit · Sep 10, 2018

To defeat a motion for summary judgment based on qualified immunity, the plaintiff must put forth facts showing that the officer’s conduct violated a constitutional right, and that the right was clearly established at the … Callahan expressly authorized, that Moody and Mathis were entitled to qualified immunity from the Count I claims, not simply because the law was not clearly established, but because their conduct in investigating did not

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.

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.

Timmon v. Wood

633 F. Supp. 2d 453 · District Court, W.D. Michigan · Apr 21, 2008

Applying those clearly established rules to this case, the dispositive issue with respect to qualified immunity is whether Defendants acted with the intent to silence Plaintiff’s viewpoint or whether they acted with the intent … If Defendants acted with intent to silence Plaintiffs viewpoint then they violated clearly established law and would not be entitled to qualified immunity.