Case law

Rosenthal v. County of Madison

339 Mont. 419 · Montana Supreme Court · Oct 23, 2007

“The doctrine of qualified immunity operates to shield government officials performing discretionary functions from liability for civil damages when their conduct does not violate clearly established statutory or constitutional … Moreover, even if we were to speculate with Rosenthal that new evidence would establish that Zenker’s conduct was entitled to qualified immunity rather than absolute immunity, he does not show how he will pierce the qualified

Carter v. Diamond URS Huntsville, LLC

175 F. Supp. 3d 711 · District Court, S.D. Texas · Mar 30, 2016

“The ‘clearly established’ standard does not mean that official’s conduct is protected by qualified immunity unless ‘the very action in question has previously been held unlawful.’” … The officer is “entitled to qualified immunity if his or her conduct was objectively reasonable in light of the legal rules that were clearly established at the time of his or her actions,” even if the conduct violated the

DONALD M v. Matava

668 F. Supp. 703 · District Court, D. Massachusetts · Jan 30, 1987

QUALIFIED AND ABSOLUTE IMMUNITY 1. … to qualified immunity.

Altovese Williams v. City of Burlington, Iowa

27 F.4th 1346 · Court of Appeals for the Eighth Circuit · Mar 9, 2022

Chiprez appeals the denial of qualified immunity. This court affirms. … The doctrine of qualified immunity protects public officials from personal liability under 42 U.S.C. § 1983, “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable

Belinda Marie Fitzpatrick v. Kyle Hanney

138 F.4th 991 · Court of Appeals for the Sixth Circuit · May 30, 2025

Qualified immunity shields government officials from suit unless those officials (1) violated a constitutional right that (2) was clearly established when the conduct occurred. Bell v. … Because the undisputed facts do not show that Simon plausibly violated Fitzpatrick’s clearly established rights, Simon is entitled to qualified immunity on Fitzpatrick’s Fourth and Fourteenth Amendment claims.

Douglas W. Schwenk v. James Hartford Steve Sinclair Robert Mitchell,opinion

204 F.3d 1187 · Court of Appeals for the Ninth Circuit · Feb 29, 2000

This satisfies the first part of the “analytical framework” for determining qualified immunity established in Siegert . … Was the Law Clearly Established?

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."

Darryl Pernell Butler v. Hope Davis

Court of Appeals for the Eleventh Circuit · Mar 21, 2019

immunity because Butler’s right was not clearly established. … See Glasscox, 903 F.3d at 1213 (explaining that, to defeat a defense of qualified immunity, a plaintiff must show that “(1) the defendant violated a constitutional right, and (2) this right was clearly established at the

Jacob Clark v. Bernadette Stone

998 F.3d 287 · Court of Appeals for the Sixth Circuit · May 19, 2021

They also argue that they are entitled to qualified immunity on this issue because there is no clearly established right to use corporal punishment on children. … App’x 469, 481 (6th Cir. 2019) (“A single district court opinion is not enough to pronounce a right is clearly established for purposes of qualified immunity.”)

United States Ex Rel. Vaughn v. United Biologics, L.L.C.

907 F.3d 187 · Court of Appeals for the Fifth Circuit · Oct 16, 2018

Univ., 171 F.3d 279, 290–94 (5th Cir. 1999) (holding that Eleventh Amendment immunity was not waived on this basis). … But this principle of interpretation, known as the “Series-Qualifier Canon,” applies only when context clearly establishes that it is intended. Reading Law at 147–51.

(PC) Anderson v. Becerra

District Court, E.D. California · Jan 17, 2020

Harris, 935 F.3d 670, 675-76 (9th Cir. 2019) (stating that dismissal on 25 immunity grounds may qualify as a strike for failure to state a claim where the immunity defense 26 is clear on the face of the complaint); Washington … the face of the complaint, and 3 the entirety of the complaint is dismissed for a qualifying reason under the PLRA[]”).

Young v. District of Columbia

107 F. Supp. 3d 69 · District Court, District of Columbia · Jun 2, 2015

Cir. 2015) (“To defeat a defense of qualified immunity, a plaintiff must show not only that an official ‘violated a constitutional right’ but also that 'the right was clearly established' at the time of the violation.”) … 12 clearly established at the time,” Lash, 2015 U.S.

Campos v. Van Ness

52 F. Supp. 3d 240 · District Court, D. Massachusetts · Sep 29, 2014

The doctrine of qualified immunity is also not restricted to questions of established law. … Therefore, the questions relating to qualified immunity are whether Van Ness’ conduct violated rights of Martins or Campos that were “ ‘clearly established’ at the time of the challenged conduct,” July 27, 2008, Plumhoff,

John Eugene Youmans v. M. J. Oschner

626 F.3d 557 · Court of Appeals for the Eleventh Circuit · Nov 16, 2010

We “review de novo a district court’s denial of a motion for summary judgment on qualified immunity grounds.” … was not already clearly established at the time of the alleged violation.

Marie Moderwell v. Cuyahoga Cnty., Ohio

997 F.3d 653 · Court of Appeals for the Sixth Circuit · May 12, 2021

“clearly established” at the time of the challenged conduct.”’ … Although the factual record is currently wholly undeveloped, the Corrections Defendants nonetheless argue that they are “entitled to qualified immunity because they did not violate a clearly established constitutional right

Golden v. Vickery

285 Ga. App. 216 · Court of Appeals of Georgia · May 2, 2007

The Goldens appeal the trial court’s award of summary judgment to Vickery on the ground of qualified immunity. We find no error and affirm. … The qualified immunity doctrine The doctrine of official immunity, also known as qualified immunity, offers public officers and employees limited protection from suit in their personal capacity.

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.

Chapman v. Wyoming Department of Corrections

366 P.3d 499 · Wyoming Supreme Court · Jan 15, 2016

Qualified immunity is applicable unless the official's conduct violated a clearly established constitutional right. Id., 555 U.S. at 232 , 129 S.Ct. at 815-16 . … [T23] Again, using the analysis for qualified immunity above, Chapman fails to *511 show there is clearly established law that would put Cpl.

Kimberly Boude v. Michael Heady

855 F.3d 930 · Court of Appeals for the Eighth Circuit · May 5, 2017

Qualified immunity is a basis to dismiss a claim against a public employee if the alleged conduct “does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … This court need not address the “clearly established” prong of the qualified immunity analysis. See Harris, 550 U.S. at 377.

Van Deelen v. City of Eudora, Kan.

53 F. Supp. 2d 1223 · District Court, D. Kansas · Jun 29, 1999

At the Rule 12(b)(6) stage, qualified immunity protects defendants performing discretionary functions from individual liability unless, on the face of the complaint, the plaintiff alleges the violation of “clearly established … that right was clearly established at the time of the alleged violation.”