Case law

McKay v. City of New York

32 F. Supp. 3d 499 · District Court, S.D. New York · Jul 24, 2014

Qualified immunity protects government officials performing discretionary functions, such as arrests, “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … Law is “clearly established” for qualified immunity purposes if “various courts have agreed that certain conduct is a constitutional violation under facts not distinguishable in a fair way from the facts presented in the

In Re Scott County Master Docket

618 F. Supp. 1534 · District Court, D. Minnesota · Oct 2, 1985

plaintiffs have asserted violations of clearly established rights. … Yet a defendant’s assertion of qualified immunity can defeat a section 1983 action prior to discovery only if the plaintiff has not alleged that the defendant violated clearly established rights.

Robert Oglesby v. Amy Lesan

929 F.3d 526 · Court of Appeals for the Eighth Circuit · Jul 3, 2019

Officer Hein and Deputy Lesan moved for summary judgment based on qualified immunity. … To defeat a motion for summary judgment based on qualified immunity, a plaintiff must show that the defendant violated his clearly-established rights. Pearson v. Callahan, 555 U.S. 223, 232 (2009).

Foster v. Raspberry

652 F. Supp. 2d 1342 · District Court, M.D. Georgia · Jul 29, 2009

A right may be clearly established for qualified immunity purposes in one of three ways: (1) “case law with indistinguishable facts clearly establishes] the constitutional right;” (2) “a broad statement of principle within … “In this circuit, the law can be ‘clearly established’ for qualified immunity purposes only by decisions of the U.S.

McMurry v. Weaver

142 F.4th 292 · Court of Appeals for the Fifth Circuit · Jun 27, 2025

Based on the facts supported by the summary judgment record, the McMurrys have established that Weaver’s search was a constitutional violation of clearly established law that defeats qualified immunity. … Romero, 937 F.3d at 522–23 (denying qualified immunity on procedural due process claim in part because Gates and Wernecke clearly established the violation); Gates, 537 F.3d at 435; Wernecke, 591 F.3d at 391 n.7.

Kinney v. Weaver

111 F. Supp. 2d 831 · District Court, E.D. Texas · May 16, 2000

Nevertheless, as will be discussed in further detail in the “clearly established” prong of the qualified immunity test, this is irrelevant. The defendants cannot do indirectly that which they could not do directly. … similar to qualified immunity under federal law.

DeAngelo Thomas-El v. Nicole Francis

99 F.4th 1115 · Court of Appeals for the Eighth Circuit · Apr 23, 2024

Francis and Lee appeal the district court’s denial of qualified immunity. … Finally, we consider whether the law clearly established an inmate’s right to hygiene supplies during the timeframe alleged in the complaint.

Jordan Venema v. Fred West

133 F.4th 625 · Court of Appeals for the Sixth Circuit · Apr 3, 2025

After concluding that the Complaint sufficiently alleged that DeAngelo violated Venema’s constitutional rights, the district court determined that DeAngelo was not entitled to qualified immunity, because clearly established … Violation of a Clearly Established Right Having concluded that the Estate sufficiently pleaded that DeAngelo violated Venema’s constitutional rights, we turn to the second prong of the qualified immunity analysis

Toomer v. Garrett

155 N.C. App. 462 · Court of Appeals of North Carolina · Dec 31, 2002

The defense of qualified immunity shields government officials from personal liability under § 1983 “ ‘insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … The qualified immunity inquiry requires a determination of whether the right at issue was clearly established at the time it was allegedly violated. See Andrews, supra.

Prison Legal News v. Lehman

397 F.3d 692 · Court of Appeals for the Ninth Circuit · Jan 31, 2005

immunity because they violated clearly established law. … It also properly granted qualified immunity to the prison officials on this claim because their actions did not violate clearly established law.

Soto v. Chardon

514 F. Supp. 339 · District Court, D. Puerto Rico · May 7, 1981

This principle will be borne in mind when the qualified immunity issues are considered. (Ill) Qualified Immunity from Damages A. … Liability The nature of the qualified immunity defense at common law and in § 1983 cases has been judicially established commencing with Scheuer v.

Cole v. Buchanan County School Board

328 F. App'x 204 · Court of Appeals for the Fourth Circuit · May 14, 2009

established prong” of the qualified immunity analysis). … The “clearly established” prong of the qualified immunity analysis turns on “the objective legal reasonableness of the action, assessed in light of the legal rules that were clearly established at the time it was taken

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.

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.

Truelove v. Hunt

67 F. Supp. 2d 569 · District Court, D. South Carolina · Sep 29, 1999

After this finding, the Court addressed the qualified immunity question of whether the right violated was clearly established at the time of the incident. … However, the precise contours of the right are not clearly established. See id.

Hernandez v. Skinner

383 F. Supp. 3d 1077 · District Court, D. Montana · May 29, 2019

Qualified immunity shields public officials from suit unless the plaintiff can show (1) a violation of a constitutional right and (2) the constitutional right was clearly established at the time of the violation. … "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." City & Cty. Of S.F. v.

William R. Schwartzman, M.D. v. Fred Valenzuela Bamford Frankland, David Swoap

846 F.2d 1209 · Court of Appeals for the Ninth Circuit · May 17, 1988

Qualified Immunity. The appellants next argue that the district court should have granted them summary judgment based upon qualified immunity against suit. … clearly established statutory or constitutional rights of which a reasonable person would have known.”

T & M HOMES, INC. v. Township of Mansfield

162 N.J. Super. 497 · New Jersey Superior Court Appellate Division · Aug 7, 1978

Defendants claim that they are entitled to an absolute immunity, while plaintiffs concede qualified immunity but no more. … In addition to overcoming a defense of qualified immunity, they must establish policy or custom which violates a constitutional right. In this action there is no point in holding defendants board and committee liable.

Robert Stewart v. Donald Donges

915 F.2d 572 · Court of Appeals for the Tenth Circuit · Sep 17, 1990

The test for qualified immunity is whether defendants violated “clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … Once a defendant raises the defense of qualified immunity as a defense to an action, “[t]he plaintiff carries the burden of convincing the court that the law was clearly established.”

Arnette Rodgers v. 36th District Court

529 F. App'x 642 · Court of Appeals for the Sixth Circuit · Jul 3, 2013

Katz, the Supreme Court established a two-step inquiry for determining whether an official is entitled to qualified immunity. 533 U.S. 194 , 201, 121 S.Ct. 2151 , 150 L.Ed.2d 272 (2001). … clearly established law at the time that it was committed.