Case law

Zollicoffer v. Livingston

169 F. Supp. 3d 687 · District Court, S.D. Texas · Mar 14, 2016

Qualified Immunity Qualified immunity shields government officials performing discretionary functions from liability for civil damages so long as their conduct does not violate clearly established rights of which a reasonable … That “runs directly counter to Farmer’s directive,” and contravenes clearly established law. Id. Accordingly, Plaintiff has alleged facts that could defeat qualified immunity.

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.”

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.

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

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.

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.

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

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.

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

Landstrom v. Illinois Department Of Children And Family Services

892 F.2d 670 · Court of Appeals for the Seventh Circuit · Jan 9, 1990

Id. at 908 . 26 Contrary to plaintiffs' contentions, Darryl H. does not supply the particularized, clearly established right required for individual defendants to lose their qualified immunity. … immunity because the conduct alleged does not violate any clearly established first amendment rights.

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.

James P. Crocker v. Deputy Sheriff Steven Eric Beatty

995 F.3d 1232 · Court of Appeals for the Eleventh Circuit · Apr 20, 2021

The district court held that Beatty was entitled to qualified immunity because the law underlying Crocker’s First Amendment claim wasn’t clearly established. We agree. … In my view, Smith clearly establishes that Mr. Crocker had a right to photograph the accident scene and I would therefore reverse the grant of qualified immunity to Deputy Beatty on this claim.

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.

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.

Whiting v. Kirk

768 F. Supp. 26 · District Court, D. Rhode Island · Jun 21, 1991

The prevailing standard for qualified immunity is that “[government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established … The first step, then, in deciding the qualified immunity issue is to establish the right that was violated.

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.

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

Estate of Williams v. Indiana State Police Department

797 F.3d 468 · Court of Appeals for the Seventh Circuit · Aug 13, 2015

‘clearly established.’” … “Qualified immunity is no immunity at all if ‘clearly established’ law can simply be defined as a right to be free from unreasonable searches and seizures.” Id. at 1776.

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