Case law

Van Lee Brewer v. Jason Simental

Texas Court of Appeals, 7th District (Amarillo) · Oct 15, 2010

defendants and, therefore, the defendants were entitled to qualified immunity. … Those governmental officials are entitled to qualified immunity "insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known." Id.

Hartman v. Middleton

974 P.2d 1007 · Colorado Court of Appeals · Jul 30, 1998

to defeat the defense of qualified immunity. … Where qualified immunity is raised in a motion for summary judgment, the trial court must determine, based upon the allegations of the plaintiff, whether a clearly established constitutional right of which a reasonable official

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

Jon Hyde v. City of Willcox

23 F.4th 863 · Court of Appeals for the Ninth Circuit · Jan 6, 2022

To determine whether an officer enjoys qualified immunity, the court asks, in the order it chooses, (i) whether the alleged misconduct violated a constitutional right and (ii) whether the right was clearly established at … Pralgo and Callahan-English violated clearly established law.

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

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.

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.

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.

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

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.

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.

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.

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.

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

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).

Reece v. Groose

60 F.3d 487 · Court of Appeals for the Eighth Circuit · Jul 20, 1995

was clearly established. 9 On the other side of the line is Anderson v. … Qualified immunity shields government officials from civil lawsuits when "their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known." Harlow v.

Zulema Longoria v. San Benito Indep Con Sch Dist

942 F.3d 258 · Court of Appeals for the Fifth Circuit · Nov 4, 2019

A defendant is entitled to qualified immunity if his “conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … We therefore turn to the second prong of the qualified-immunity analysis and find that, regardless of whether M.L.’s rights were violated, the right at issue was not clearly established. See Davis v.

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.

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.