Case law

Ciolino v. Gikas

861 F.3d 296 · Court of Appeals for the First Circuit · Jun 28, 2017

Qualified Immunity Framework Qualified immunity protects public officials from § 1983 suits for damages if their actions "d[id] not violate clearly established statutory or constitutional rights of … Ct. 1765, 1776 (2015) ("Qualified immunity is no immunity at all if 'clearly established' law can simply be defined as the right to be free from unreasonable searches and seizures.").

Langford v. Norris

614 F.3d 445 · Court of Appeals for the Eighth Circuit · Jul 20, 2010

The court also rejected the state defendants’ qualified immunity defense, stating in generic terms that “the plaintiffs’ constitutional rights to adequate medical care and treatment [were] clearly established.” … It remains to decide whether the right Byus allegedly violated was clearly established.

Penilla v. City of Huntington Park

115 F.3d 707 · Court of Appeals for the Ninth Circuit · Jun 6, 1997

Because the officers have moved for qualified immunity on a motion to dismiss, we decide only whether defendants’ alleged conduct violated clearly established constitutional rights. Todd v. … The officers argue that they are entitled to qualified immunity because there is no clearly established constitutional right to emergency medical care for persons not in custody and because there is no clearly established

Montague v. Cooley

735 So. 2d 511 · District Court of Appeal of Florida · Apr 28, 1999

A determination of qualified immunity involves a two part analysis. See Vermette v. … Cooley’s clearly established rights, we reverse the trial court’s order denying Officer Montague’s motion for summary judgment based on qualified immunity. Reversed and remanded. FULMER, A.C.J., Concurs in result only.

Thomas L. Sluman v. State of Washington

418 P.3d 125 · Court of Appeals of Washington · May 22, 2018

Nevertheless, the decisions do not bestow absolute immunity on the officers. In short, Thomas Sluman presents many cases that establish that Trooper Bart Olson violated his clearly established Fourth Amendment rights. … Davis, focused on whether Officer Danny Davis should receive qualified immunity.

Ewy v. Sturtevant

962 P.2d 991 · Colorado Court of Appeals · Jun 25, 1998

conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known. … In determining the applicability of qualified immunity, the court need not decide whether specific actions of the officials were unconstitutional, but merely whether the conduct was so clearly unconstitutional that any reasonable

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.

Cocroft v. Smith

95 F. Supp. 3d 119 · District Court, D. Massachusetts · Mar 26, 2015

Whether Officer Smith Is Entitled To Qualified Immunity The doctrine of qualified immunity protects public employees “from liability for civil damages insofar as their conduct does not violate clearly established statutory … Officer Smith argues that he is entitled to qualified immunity because the right to be free from a retaliatory arrest was not clearly established at the time.

Banks v. Herbrich

90 F.4th 407 · Court of Appeals for the Fifth Circuit · Jan 3, 2024

The district court denied DFPS’s motion for summary judgment, concluding that its employees were not entitled to qualified immunity because they violated clearly established law by removing R.B. … immunity analysis asks whether the right at issue was clearly established at the time of the misconduct.

Thomas v. Cannon

289 F. Supp. 3d 1182 · District Court, W.D. Washington · Jan 30, 2018

DEFENDANTS' MOTION FOR QUALIFIED IMMUNITY ...1213 A. Waiver...1213 1. Markert, Wiley, Cannon...1213 2. Zaro...1214 B. Constitutional Violation...1215 C. Clearly Established Law...1217 1. … The Court nonetheless affirmed qualified immunity for the officers because it recognized this rule was not clearly established in 1997 when the flash-bang was used. Id. at 784 .

Whitten v. Wooten

295 Ga. App. 281 · Court of Appeals of Georgia · Dec 1, 2008

Qualified immunity gives government officials performing discretionary functions complete protection from individual claims brought pursuant to 42 USC § 1983 , if their conduct “does not violate clearly established statutory … She claims the force was excessive and violated clearly established constitutional rights under the Fourth and Fourteenth Amendments.

Van Deelen v. City of Eudora, Kan.

53 F. Supp. 2d 1223 · District Court, D. Kansas · Jun 29, 1999

At the Rule 12(b)(6) stage, qualified immunity protects defendants performing discretionary functions from individual liability unless, on the face of the complaint, the plaintiff alleges the violation of “clearly established … that right was clearly established at the time of the alleged violation.”

Damron v. North Dakota Commissioner of Corrections

299 F. Supp. 2d 970 · District Court, D. North Dakota · Jan 26, 2004

The Eighth Circuit has instructed: Qualified immunity shields government actors from liability in civil lawsuits when “them conduct does not violate clearly established statutory or constitutional rights of which a reasonable … As our cases further establish, however, the question of qualified immunity requires more than a determination that a particular right is “clearly established” in the abstract.

Dunfee v. Finchum

132 F. Supp. 3d 968 · District Court, E.D. Tennessee · Sep 21, 2015

Qualified Immunity Officers Finchum and Cowan assert they are entitled to qualified immunity [Docs. 21, 30]. … Thus, plaintiff fails ■to meet the clearly established prong to defeat qualified immunity.

Barna v. Board of School Directors of the Panther Valley School District

143 F. Supp. 3d 205 · District Court, M.D. Pennsylvania · Nov 6, 2015

The Defendants are Entitled to 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 … Qualified immunity attaches unless the official’s conduct violated such a clearly established right. Anderson v. Creighton, 483 U.S. 635, 640 , 107 S.Ct. 3034 , 97 L.Ed.2d 523 (1987).

Mitchell v. Stewart

26 F. Supp. 3d 1322 · District Court, M.D. Georgia · Jun 12, 2014

Plaintiffs thus “bear the burden of establishing that qualified immunity is not appropriate.” Id. … To lose qualified immunity, an officer must violate clearly established law. For a right to be clearly established, the constitutional question must be “beyond debate.” Stanton v.

Kimberly Boude v. Michael Heady

855 F.3d 930 · Court of Appeals for the Eighth Circuit · May 5, 2017

Qualified immunity is a basis to dismiss a claim against a public employee if the alleged conduct “does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … This court need not address the “clearly established” prong of the qualified immunity analysis. See Harris, 550 U.S. at 377.

Paul Montemuro v. Jim Thorpe Area School District

99 F.4th 639 · Court of Appeals for the Third Circuit · May 1, 2024

The defendant Board members and District (collectively, the “Defendants”) asserted 2 qualified immunity, but the District Court held that Montemuro had a clearly established property right … A Magistrate Judge recommended that the District Court deny the motion to dismiss for qualified immunity because Montemuro had a “clearly established” property right and was fired without due process. (J.A. at 26.)

ND Indoor RV Park v. State

2025 ND 92 · North Dakota Supreme Court · May 8, 2025

Wishnatsky, at 401. [¶18] Wagendorf and Nelson are protected by qualified immunity unless the Park “pleads facts showing (1) that the official violated a statutory or constitutional right, and (2) that the right was clearly … A constitutional right is “clearly established” if the “contours of the right [are] sufficiently clear that a reasonable official would understand that what he is doing violates that right.

Gruber v. Tennessee Tech Board of Trustees

District Court, M.D. Tennessee · Dec 1, 2022

Indeed, a number of circuits have found that constitutional rights requiring a particularized balancing test will rarely be “clearly established” for qualified immunity purposes. … Second, Plaintiffs argue: Defendant also cannot establish the second element of her qualified immunity defense, because Plaintiffs’ rights were clearly established at the