Case law

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).

Haavisto v. Perpich

498 N.W.2d 746 · Court of Appeals of Minnesota · Jun 9, 1993

immunity grounds if they can show plaintiff’s Eighth Amendment right to be free from the “cruel and unusual” conditions was not clearly established during the time he was incarcerated); Bogard, 586 F.2d at 409 (problem of … Whether qualified immunity exists turns on whether the official violated a clearly established statutory or constitutional right, the existence of which a reasonable person would have known. Id. at 674-75.

Howell v. Evans

922 F.2d 712 · Court of Appeals for the Eleventh Circuit · Jan 28, 1991

Absent from the order was any discussion of what the clearly established law was at the time of Howell’s death, an inquiry essential to a determination of immunity. … Generally Applicable Law As stated above, Harlow established the test for qualified immunity.

Alexander v. County of Los Angeles

64 F.3d 1315 · Court of Appeals for the Ninth Circuit · Aug 29, 1995

under the clearly established principles of law governing that conduct. … Under this approach, we find that the officers are entitled to qualified immunity.

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.

Tarpley v. Miami-Dade County

212 F. Supp. 3d 1273 · District Court, S.D. Florida · Jul 21, 2016

“Qualified immunity offers complete protection for government officials sued in their individual capacities if their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … City of Cumming, 69 F.3d 1098, 1102 (11th Cir.1995) (“Should the plaintiff fail to show that the law was clearly established at the time in question, the individual defendant is entitled to qualified immunity.”).

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

Nolen v. Jackson

102 F.3d 1187 · Court of Appeals for the Eleventh Circuit · Jan 6, 1997

has failed to allege a violation of a clearly established right.... … Gilley, 500 U.S. 226, 231, 111 S.Ct. 1789, 1793, 114 L.Ed.2d 277 (1991) (holding threshold question in a qualified immunity claim is whether a violation of a clearly established constitutional right has occurred);

Stephen L. Bartlett v. Colonel C.E. Fisher Captain S.T. Davis

972 F.2d 911 · Court of Appeals for the Eighth Circuit · Aug 13, 1992

Under this objective standard, public officials are entitled to qualified immunity when their “conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known. … The district court denied their qualified immunity motion because defendants’ motive in disciplining Bartlett is a disputed issue of fact and the law is “clearly established” that a public employee may not be disciplined

Robert Sean Reed v. Campbell Cnty., Ky.

80 F.4th 734 · Court of Appeals for the Sixth Circuit · Aug 30, 2023

Clearly Established Inquiry To satisfy the second prong of the qualified-immunity analysis, the officers’ unconstitutional conduct must violate clearly established law. Williams, 9 F.4th at 437. … Page 21 First, cases where we have found qualified immunity cannot clearly establish a constitutional violation by negative inference.

Mosby v. Moore

716 So. 2d 551 · Mississippi Supreme Court · Jun 4, 1998

Alternatively, their basis for the motion was that the officers were entitled to qualified immunity on the plaintiff's claims. … He also ruled that the officers were entitled to qualified immunity in their individual capacities. 1. Official Capacity ¶ 30.

Hawkins v. Bd. of Cnty. Commissioners of Coffey Cnty. Kan.

376 F. Supp. 3d 1200 · District Court, D. Kansas · Mar 19, 2019

Qualified Immunity Defendants assert that even if plaintiff has sufficiently alleged a violation of her due process rights, Maley and Phelan are entitled to qualified immunity because their conduct did not violate clearly … Alternatively, the Court finds that Maley and Phelan are entitled to qualified immunity on this claim because at the time of the alleged violation, the law was not clearly established. See, e.g. , Greene v.

Juide v. City of Ann Arbor

839 F. Supp. 497 · District Court, E.D. Michigan · Dec 15, 1993

They also assert the defense of qualified immunity, arguing that it was not clearly established law at the time of their alleged violation of Juide’s constitutional rights that (1) due process prohibited the issuance of a … In the absence of clearly established law which would preclude an in rem forfeiture proceeding if the privilege against self-incrimination is implicated to any degree, Markman and Best are entitled to .qualified immunity

Halperin v. Kissinger

578 F. Supp. 231 · District Court, District of Columbia · Jan 13, 1984

The doctrine *234 of qualified immunity now focuses on whether a government official's conduct "violate[s] clearly established statutory or constitutional rights of which a reasonable person would have known." … judgment based on qualified immunity.

Guilford v. Frost

269 F. Supp. 3d 816 · District Court, W.D. Michigan · Aug 18, 2017

At a minimum, Sergeant Frost is entitled to qualified immunity because the law was not clearly established at the time of the stop. … Young, 780 F.3d 998, 1010 (10th Cir. 2015) (“reciting the overarching requirement of probable cause does not pass muster in a qualified-immunity clearly-established-law assessment”).

Terry A. Veney v. Michael Hogan Carol Hernandez Frank D. Fleischer and Martha Knicely

70 F.3d 917 · Court of Appeals for the Sixth Circuit · Jan 24, 1996

For a law to be “clearly established” in the context of qualified immunity, [t]he contours of the right must be sufficiently clear that a reasonable official would understand that what he is doing violates that right. … The trial court need not deny a defendant the right to qualified immunity simply because a complaint adequately alleges violation of clearly established law.

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).

Larsen v. Senate Of The Commonwealth Of Pennsylvania

154 F.3d 82 · Court of Appeals for the Third Circuit · Aug 11, 1998

immunity is from suit as well as from liability, so that "[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 … on qualified immunity grounds.

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