Case law

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.”)

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.

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.

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.

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.

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).

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.

Cottone v. Jenne

326 F.3d 1352 · Court of Appeals for the Eleventh Circuit · Apr 11, 2003

[u]nless the plaintiff’s allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery.” Id. … The Supreme Court has established a two-part test to determine the applicability of qualified immunity.

Miller v. Gammie

335 F.3d 889 · Court of Appeals for the Ninth Circuit · Jul 9, 2003

a complaining witness in presenting a judge with a supporting affidavit to establish probable cause for an arrest. … We must now recognize that beyond those functions historically recognized as absolutely immune at common law, qualified and only qualified immunity exists.

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.

DeNucci v. Henningsen

248 Or. App. 59 · Court of Appeals of Oregon · Feb 8, 2012

of ORS 162.257 was not clearly established, so he was entitled to qualified immunity. … Despite the lack of probable cause for the arrest, however, Henningsen is still entitled to qualified immunity if plaintiffs right not to be arrested for her conduct was not “clearly established” at the time.

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.

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.

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.”

Kayla Robinson v. Angela Hawkins

937 F.3d 1128 · Court of Appeals for the Eighth Circuit · Sep 5, 2019

In considering a defense of qualified immunity, the law must not be examined at a high level of generality: “The dispositive question is whether the violative nature of particular conduct is clearly established.” … Rulings declaring the violation of a “clearly established right” require careful attention, because “qualified immunity is important to ‘society as a whole,’ and because as ‘an immunity from suit,’ qualified immunity ‘is

Scallion v. Parish of Red River

251 F. App'x 853 · Court of Appeals for the Fifth Circuit · Aug 15, 2007

Scallion fails to identify a clearly-established constitutional right violated by Myers. See id. … (first step in qualified-immunity analysis is identifying a clearly-established constitutional right that has been violated); Malley v.

McCartney v. May

50 S.W.3d 599 · Texas Court of Appeals, 7th District (Amarillo) · Jun 7, 2001

overcome their entitlement to qualified immunity. … ’s qualified immunity on May’s substantive due process claims.

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

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

Marvin v. City of Taylor

509 F.3d 234 · Court of Appeals for the Sixth Circuit · Dec 4, 2007

In other words, qualified immunity need only be granted if there is a violation of a constitutional right, but that right was not clearly established at the time the official violated it. … If, and only if, the force used was objectively unreasonable should the Court consider qualified immunity and address the second question: whether the right violated was clearly established. B.