Case law

Norman Slattery v. Christopher Rizzo

939 F.2d 213 · Court of Appeals for the Fourth Circuit · Jul 25, 1991

For the purpose of determining whether a defendant is entitled to qualified immunity the plaintiff’s rights must be clearly established under the particular circumstances confronting the official at the time of the questioned … The right of the plaintiff must be established so clearly that a reasonable official would know what he is doing violates that right. Ibid.

Raheem Jacobs v. Cumberland County

8 F.4th 187 · Court of Appeals for the Third Circuit · Aug 10, 2021

The officers moved for summary judgment on the ground of qualified immunity. … Our qualified-immunity analysis consists of two questions: (1) whether this set of facts shows Williams violating a constitutional right, and (2) “whether the right was clearly established, such that ‘it would [have been]

Fowler v. Nicholas

522 F. Supp. 655 · District Court, E.D. Pennsylvania · Sep 18, 1981

Thus, the court in Woods has included in the defense of qualified immunity the duty to know clearly settled rights. … Therefore, the qualified-immunity defense is irrelevant to this claim.

Thomas Hayden Barnes v. Ronald M. Zaccari

669 F.3d 1295 · Court of Appeals for the Eleventh Circuit · Feb 7, 2012

We turn now to the second part of the qualified immunity analysis: Was Barnes’s right to this predeprivation process clearly established at the relevant time? 2. … The process due Barnes was also clearly established.

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

Estate of C.A. v. Castro

547 F. App'x 621 · Court of Appeals for the Fifth Circuit · Nov 25, 2013

Individual Defendants’ Qualified Immunity State actors sued in their individual capacity under § 1983 are entitled to qualified immunity “insofar as their conduct does not violate clearly established statutory or constitutional … An official “does not lose qualified immunity merely because a certain right is clearly established in the abstract....

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.

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.

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.

Conner v. Heiman

672 F.3d 1126 · Court of Appeals for the Ninth Circuit · Mar 9, 2012

We further hold that Heiman and Neil did not violate clearly established rights by arresting Conner. … HEIMAN 2757 clearly established, the Supreme Court has specified that the application of that requirement must be clearly established in a particularized context. Saucier, 533 U.S. at 202.

Shechter v. Comptroller of City of New York

79 F.3d 265 · Court of Appeals for the Second Circuit · Mar 21, 1996

Accordingly, defendants-appellants' pleading is insufficient to establish their qualified immunity defense. 21 Because defendants-appellants' qualified immunity defense fails with respect to the scope of authority issue, … court's ruling on the issue of qualified immunity must be affirmed for the reasons previously stated, we will not proceed to a definitive resolution of the "clearly established right" issue at this juncture.

Housley v. Holquist

879 F. Supp. 2d 472 · District Court, D. Maryland · Aug 30, 2011

The Housleys bear the burden of proving the violation of a constitutional right, but the Defendants are entitled to qualified immunity if they prove that the right was not clearly established. See Wilson v. … Finally, the Court will not revisit the qualified immunity issue at trial.

Curtis Arnold v. Patrick Jones C/o Blythe C/o Creeden C/o Scheers C/o Edwards C/o Whitson Lt. Olson

891 F.2d 1370 · Court of Appeals for the Eighth Circuit · Jan 19, 1990

However, prison officials are generally immune from suit on the basis of qualified good faith immunity unless “their conduct ... violates clearly established statutory or constitutional rights of which a reasonable person … The existence of a clearly established right, however, does not end our inquiry into whether defendants are entitled to qualified immunity.

Derek Westwater v. Kevin Church

60 F.4th 1124 · Court of Appeals for the Eighth Circuit · Feb 23, 2023

Alternatively, the court ruled that Church was entitled to qualified immunity on the federal § 1983 claim because any constitutional violation was not clearly established. Westwater appeals. … In these circumstances, summary judgment should not be granted on either qualified immunity issue, whether the force used was reasonable and, if not, whether the violation was clearly established.

Taft v. Vines

70 F.3d 304 · Court of Appeals for the Fourth Circuit · Nov 16, 1995

Under that analysis, we found that the officers were not entitled to qualified immunity in that case because: (1) the right not to be arrested without probable cause was clearly established; and (2) a reasonably competent … Under the first two prongs of the qualified immunity analysis, it is plain that the specific right in question — the right not to be stopped and frisked without reasonable suspicion — was indeed clearly established at the

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.

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.

King v. City of Indianapolis

969 F. Supp. 2d 1085 · District Court, S.D. Indiana · Aug 29, 2013

Qualified Immunity “Governmental actors performing discretionary functions are entitled to qualified immunity from suits for damages insofar as their conduct does not violate clearly established statutory or constitutional … King’s right was not clearly established and Defendant Officers are granted qualified immunity on this claim. 2. Fourth Amendment Defendants contend that the seizure of Mr.

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

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.