Case law

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.

Sheehy v. State

250 Mont. 437 · Montana Supreme Court · Nov 14, 1991

Plaintiffs argue that the result in Davis was clearly foreshadowed under the long-standing principle of intergovernmental tax immunity and as a logical extension of the Court’s decisions in a series of cases. … The second extension of prior law took place when the Court *443 established the connection between the doctrine of intergovernmental tax immunity and the protection against discriminatory taxation of individuals under 4

Tyrone Hadley v. Keith Mihail Billiris and Montgomery County, Texas

Texas Court of Appeals, 9th District (Beaumont) · Jul 14, 2022

Billiris argued that he was entitled to qualified immunity because Hadley failed to cite any evidence showing that he intentionally struck Hadley, point to any clearly established law prohibiting an officer from chasing … To rebut the defense of qualified immunity, the plaintiff must establish “that the official’s allegedly wrongful conduct violated clearly established law and that genuine issues of material fact exist regarding the reasonableness

Edwards v. Williams

170 F. Supp. 2d 727 · District Court, E.D. Kentucky · Oct 31, 2001

The defendants also argue that they are entitled to qualified immunity, as the complaint does not plead any alleged conduct that violated clearly and particularly established federal statutory or constitutional rights of … Because the plaintiff has failed to plead facts sufficient to establish a constitutional violation, the defendants are entitled to qualified immunity. 2. Was the Right Clearly Established?

Brown v. Flowers

974 F.3d 1178 · Court of Appeals for the Tenth Circuit · Sep 14, 2020

Because we find our existing caselaw on the sexual abuse of inmates clearly established the contours of Brown’s rights, we affirm the denial of qualified immunity. … Under that standard, we must grant Flowers qualified immunity unless “(1) a reasonable jury could find facts supporting a violation of a constitutional right, which (2) was clearly established at the time of [Flowers’s

Raub v. Campbell

3 F. Supp. 3d 526 · District Court, E.D. Virginia · Feb 28, 2014

Goo-den filed suit under 42 U.S.C. § 1983 and officers invoked qualified immunity. The district court initially denied qualified immunity as did a divided panel of the Fourth Circuit. Id. … a claim of violation of clearly established law.”

Morse v. Cloutier

869 F.3d 16 · Court of Appeals for the First Circuit · Aug 25, 2017

Accordingly, we proceed to the next step of the qualified immunity paradigm and consider whether the applicable law was so clearly established that no reasonable officer would have entered the plaintiffs' home without … Payton and its progeny clarify a matter of Fourth Amendment law that Joyce, which relied on the "clearly established" prong of the qualified immunity paradigm, left

Russell v. Lazar

300 F. Supp. 2d 716 · District Court, E.D. Wisconsin · Jan 27, 2004

QUALIFIED IMMUNITY Defendants argue that even if the complaint states claims under the Eighth and Fourteenth Amendments, they are entitled to qualified immunity. … Under the doctrine of qualified immunity, “government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory

Eddie Ford v. City of Yakima

706 F.3d 1188 · Court of Appeals for the Ninth Circuit · Feb 8, 2013

Clearly Established Right The officers are nevertheless entitled to qualified immunity if Ford’s right was not clearly established when the officers booked and jailed him. … Because the law concerning the right in question was clearly established at the time of Ford’s arrest, the officers are not entitled to qualified immunity. IV.

Jeffers v. Gomez

267 F.3d 895 · Court of Appeals for the Ninth Circuit · Oct 3, 2001

The availability of qualified immunity in such a case naturally turns on whether it' was “clearly established law” that Motive Y was impermissible. … Determining whether a public official is entitled to qualified immunity “requires a two-part inquiry: (1) Was the law governing the state official’s conduct clearly established?

Charles Pierre v. Sandra Doorley City of Rochester

Court of Appeals for the Second Circuit · Nov 25, 2020

Pierre’s alleged constitutional right—timely access to post-conviction exculpatory evidence was and is not “clearly established.” Pearson v. … Callahan, 555 U.S. 223, 231 (2009) (explaining that qualified immunity “protects government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional

Sinn v. Lemmon

911 F.3d 412 · Court of Appeals for the Seventh Circuit · Dec 14, 2018

Qualified immunity is an affirmative defense, and once raised, the plaintiff bears the burden of defeating it by showing: (1) the defendant violated a constitutional right, and (2) that right was clearly established at the … It is well-settled, clearly established law that such a failure constitutes deliberate indifference. See id. at 484-85 (rejecting a qualified immunity defense).

Stutzman v. Krenik

350 F. Supp. 3d 366 · District Court, D. Maryland · Oct 10, 2018

Qualified Immunity Qualified immunity shields government officials performing discretionary functions "from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … Because Stutzman has alleged facts that state a claim of a violation of clearly established law, the Court will not dismiss the claim at this stage based on the defense of qualified immunity. B.

Michael Washington v. City of Cincinnati

Court of Appeals for the Sixth Circuit · Aug 13, 2026

Because Washington’s protected property interest was not “clearly established,” Long’s claim of qualified immunity prevails. A. How to recognize a clearly established right is well understood. … Rather than awarding qualified immunity unless it was obvious that Long violated Washington’s clearly established rights, the majority opinion would deny qualified immunity unless it was obvious that Long did not do so.

Patrick Devlin v. Richard Kalm

531 F. App'x 697 · Court of Appeals for the Sixth Circuit · Aug 15, 2013

In order to overcome the defendants’ assertion of qualified immunity, Devlin must show that the defendants (1) violated his constitutional rights and (2) that those rights were clearly established at the time … “Clearly established” rights must be defined at an “appropriate level of generality” to avoid “collapsing the two qualified- immunity inquiries into one” without being so narrow that no violation can ever be found.

Youngblood v. Qualls

308 F. Supp. 3d 1184 · District Court, D. Kansas · Apr 6, 2018

immunity framework discussed above, the Court must examine "first, whether plaintiff has established a constitutional violation under the three-part Worrell standard and, second, whether the law was clearly established such … Thus, our circuit uses a sliding scale to determine when law is clearly established.

Sanchez Madox v. Tommy Thomas, Sheriff

Texas Court of Appeals, 11th District (Eastland) · Jul 31, 2003

of then clearly established law. … When a defendant in a Section 1983 action pleads qualified immunity, the plaintiff has the burden to rebut this defense by establishing that the official’s wrongful conduct violated clearly established law. Thompson v.

Carlos Gonzalez v. Able Huerta

826 F.3d 854 · Court of Appeals for the Fifth Circuit · Jun 23, 2016

Because we find no violation of clearly established law, we AFFIRM. I. … Huerta asserted qualified immunity and moved for summary judgment.

Michael Rivera v. Kevin Monko

37 F.4th 909 · Court of Appeals for the Third Circuit · Jun 15, 2022

Instead, the court jumped straight to the “clearly established” prong of the qualified immunity analysis. … The Majority Opinion recognizes that such a right is not clearly established, and on that basis, it grants qualified immunity to two prison guards who were sued by an inmate for violating that right.

Saleem v. Snow

217 Ga. App. 883 · Court of Appeals of Georgia · Jul 14, 1995

Qualified immunity shields state officials from liability for civil damages insofar as their conduct does not violate *886 clearly established federal law of which a reasonable person would have known. Harlow v. … These include his claims that qualified immunity was improperly granted because it is clearly established that (1) he has a right to be fairly considered for parole; (2) rules prohibiting actions must provide adequate notice