Case law

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.

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

Pooler v. Hempstead Police Department

897 F. Supp. 2d 12 · District Court, E.D. New York · Sep 14, 2012

that preclude summary judgment on qualified immunity grounds. 1. … Tollaksen, 257 Fed.Appx. 400, 401 (2d Cir.2007) (explaining that government officers “are protected by qualified immunity if their actions do not violate clearly established law, or it was objectively reasonable for them

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

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.

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.”

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.

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.

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.

Jennings v. Jones

499 F.3d 2 · Court of Appeals for the First Circuit · Aug 17, 2007

Prong Two: Whether the Law Was Clearly Established The second prong of the qualified immunity analysis asks “whether the constitutional right ... was ‘clearly established’ at the time of the incident such that it would ‘be … violated that clearly established constitutional right.”

Bustillos v. El Paso County Hospital District

226 F. Supp. 3d 778 · District Court, W.D. Texas · Jun 6, 2016

Here, the Court finds the second qualified immunity prong dispositive. … The second prong of the qualified immunity analysis requires the Court to decide whether it is “clearly established” that medical personnel must have their own independent reasonable suspicion before searching a detained

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.

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).

WV Regional Jail and Correctional Facility Authority v. The Estate of COdy Lawrence Grove

West Virginia Supreme Court · Nov 20, 2020

that he engaged in any act or omission related to the suicide of the Estate’s decedent that established the violation of a clearly established right. … 17 This Court has established numerous steps that must be examined in order to find whether qualified immunity protections apply in a particular case.

City of Akron v. Brown

122 N.E.3d 672 · Ohio Court of Appeals · Nov 7, 2018

(Emphasis added.) {¶ 8} The plain language of R.C. 2925.11(B)(2)(b) clearly provides qualified individuals with immunity for a minor drug possession offense pursuant to R.C. Chapter 2925. … Brown had qualified for immunity and, consequently, dismissal of a charge for minor drug possession, any allied offenses would not "merge" for that purpose and there would be no grounds to extend immunity or dismiss any charges

Allen v. Kevin Taylor

District Court, N.D. Illinois · Mar 21, 2025

To overcome qualified immunity, a plaintiff must show “(1) that the official violated a statutory or constitutional right, and (2) that the right was ‘clearly established’ at the time of the challenged conduct.” … For now, the officers cannot avail themselves of qualified immunity because Allen has identified a clearly established right to be free from unlawful custody as part of a prosecution.

Tuskan v. Jackson County

134 F. Supp. 3d 1041 · District Court, S.D. Mississippi · Sep 25, 2015

Legal Standard The defense of qualified immunity shields governmental officials from civil liability for damages based upon the performance of discretionary functions if the officials’ actions did not violate clearly established … Thornton is Entitled to Qualified Immunity With Respect to Tuskan’s False Arrest Claim Tuskan’s claim for false arrest derives from his clearly established Fourth Amendment right to be free from unreasonable seizures of his

Daniel Mook v. G. Hall

Court of Appeals for the Fourth Circuit · Aug 4, 2026

The district court assumed that qualified immunity is a defense to an FMLA interference claim but denied Hall’s motion because it concluded that federal regulations clearly established Mook’s right to an … In other words, the denial of qualified immunity turned on a pure issue of law: whether the FMLA regulations clearly established Mook’s right to a cure period in these circumstances.

Tyner v. STATE, DEPT. OF SOCIAL & HEALTH

137 Wash. App. 545 · Court of Appeals of Washington · Mar 13, 2007

Qualified Immunity ¶ 26 DSHS contends that its officers are entitled to qualified immunity from Tyner's 42 U.S.C. § 1983 First Amendment claim because "[t]here is no law clearly establishing that criticizing one's supervisor … We explained qualified immunity in Wilson: Public officials are immune from suit unless the "law clearly proscribed the actions" they took.