Case law

Iqbal v. Hasty

490 F.3d 143 · Court of Appeals for the Second Circuit · Jun 18, 2007

A defendant will be entitled to qualified immunity if either (1) his actions did not violate clearly established law or (2) it was objectively reasonable for him to believe that his actions did not violate clearly established … clearly established law.”

Akinnagbe v. City of New York

128 F. Supp. 3d 539 · District Court, E.D. New York · Sep 1, 2015

Qualified immunity is available if an officer’s conduct “does not violate clearly established constitutional rights of which a reasonable person would have been aware.” … is no clearly established right being violated.

Curro v. Watson

884 F. Supp. 708 · District Court, E.D. New York · Apr 28, 1995

If the law at the time of the alleged violation was clearly established, the defense of qualified immunity generally will fail, since a reasonably competent official should know the law governing his or her conduct. … Indeed, a violation of clearly established law will defeat qualified immunity. See Davis, 468 U.S. at 197 , 104 5. Ct. at 3020-21.

Ajay Gaalla v. Citizens Medical Center, Et

460 F. App'x 469 · Court of Appeals for the Fifth Circuit · Feb 16, 2012

established, it denied the Defendants qualified immunity on those claims.4 The district court also denied official immunity to Dr. … STANDARD OF REVIEW “The doctrine of qualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights

Thompson v. Farmer

945 F. Supp. 109 · District Court, W.D. North Carolina · Aug 28, 1996

Taken together Mitchell and Johnson establish a continuum along which the court makes qualified immunity decisions. … Gilley, 500 U.S. 226 , 111 S.Ct. 1789 , 114 L.Ed.2d 277 (1991) (dismissal on grounds of qualified immunity proper where plaintiff’s complaint did not allege a clearly established’ legal norm or its violation).

Clarence Belton, Jr. v. Heather Loveridge

129 F.4th 271 · Court of Appeals for the Fourth Circuit · Feb 26, 2025

And the district court did not apply the well-established analysis for determining Loveridge’s qualified immunity, vel non. … Under the well-established analysis, Officer Loveridge would be entitled to qualified immunity from a § 1983 claim unless (1) she violated a constitutional or statutory right, and (2) the right was clearly

Harmon v. Dallas County

248 F. Supp. 3d 814 · District Court, N.D. Texas · Mar 31, 2017

immunity (Doc. 26) and the order denying that motion (Doc. 29) and concludes that nature of the challenged conduct was not clearly established in the specific context of this case. … immunity because, at *823 the time Howell was fired, it was not clearly established whether his involvement in the FBI investigation was protected under the First Amendment.”

Robert Stinson v. Raymond Rawson

868 F.3d 516 · Court of Appeals for the Seventh Circuit · Aug 18, 2017

The district court also stated that qualified immunity did not apply because the law as of 1984 and 1985 clearly established that an investigator’s fabrication of evidence violated a criminal defendant’s constitutional rights … Qualified immunity protects government officials from civil damages liability when their conduct does not violate “clearly established statutory or constitutional rights of which a reasonable person would have known.”

Van Lee Brewer v. Jason Simental

Texas Court of Appeals, 7th District (Amarillo) · Oct 15, 2010

and, therefore, the defendants were entitled to qualified immunity. … Those governmental officials are entitled to qualified immunity “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Id .

Jones v. Nolin (INMATE 1)

District Court, M.D. Alabama · May 13, 2020

“The purpose of the qualified immunity defense is to protect[] government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of … The Eleventh Circuit has determined that the law is “clearly established” for purposes of qualified immunity “only by decisions of the U.S.

Edrei v. Maguire

892 F.3d 525 · Court of Appeals for the Second Circuit · Jun 13, 2018

Officers are entitled to qualified immunity "unless a plaintiff pleads facts showing (1) that the official violated a statutory or constitutional right, and (2) that the right was 'clearly established' at the time of the … The remaining question is whether the right was clearly established.

Redwood v. Lierman

331 Ill. App. 3d 1073 · Appellate Court of Illinois · Jun 7, 2002

Qualified Immunity Defendants argue that under the facts in the amended complaint, they are entitled to a qualified immunity from liability because the applicable legal standards were not clearly established at the time they … clearly established at the time the official acted.

Patricia Jackson v. Andreas Schultz Richard Cadoura

429 F.3d 586 · Court of Appeals for the Sixth Circuit · Nov 18, 2005

On September 3, 2004, the district court denied the EMTs’ motion to dismiss based on qualified immunity. The court held that Jackson alleged the violation of a clearly established constitutional right. … To defeat qualified immunity, Jackson must show a violation of a constitutional right, and that the constitutional right was clearly established. Brosseau v.

Hung Lam v. City of San Jose

869 F.3d 1077 · Court of Appeals for the Ninth Circuit · Sep 5, 2017

Finding that the evidence, viewed in the light most favorable to Lam, demonstrated a constitutional violation of clearly established law, the district court denied Officer West’s motion based on qualified immunity.2 Officer … demonstrated a violation of clearly established law.”

Hadley v. Gutierrez

526 F.3d 1324 · Court of Appeals for the Eleventh Circuit · May 6, 2008

Discussion Qualified immunity shields government officials from liability for civil damages for torts committed while performing discretionary duties unless their conduct violates a clearly established statutory … We turn now to the second inquiry in the qualified immunity analysis, whether the right to be free from excessive force was clearly established. B.

Williams v. Board of County Commissioners

125 N.M. 445 · New Mexico Court of Appeals · Apr 16, 1998

Qualified immunity protects officials whose conduct does not contravene “clearly established [federal] statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … a constitutional or statutory right, and (2) the right was clearly established at the time of the conduct.

Celeste James, Barry James v. City of Douglas, Ga., Clyde Purvis, John Doe--Clifford Thomas

941 F.2d 1539 · Court of Appeals for the Eleventh Circuit · Sep 18, 1991

Purvis and Thomas appeal the denial of qualified immunity, asserting that they did not violate a clearly established constitutional right. III. DISCUSSION A. … Qualified Immunity Purvis and Thomas appeal the district court’s denial of summary judgment based upon the doctrine of qualified immunity.

Roger Gillispie v. Miami Twp., Ohio

18 F.4th 909 · Court of Appeals for the Sixth Circuit · Nov 30, 2021

“[T]he precise scope of our appellate jurisdiction on interlocutory appeal from a denial of qualified immunity is whether ‘the plaintiff’s version of facts demonstrates a violation of clearly established rights.’” … one and two of the qualified immunity inquiry.”

Sheth v. Webster

145 F.3d 1231 · Court of Appeals for the Eleventh Circuit · Apr 2, 1998

suit unless they violate clearly established law”). … The same facts which establish Sergeant Williams’ entitlement to qualified immunity establish that his acts were not willful, malicious or in bad faith.

Paul W. Cagle Guy R. Epperson Steven A. McCullom Terry Norwood and Jeffrey L. Parker v. Dan Gilley

957 F.2d 1347 · Court of Appeals for the Sixth Circuit · May 15, 1992

Standard of Review Gilley appeals the denial of his motion for summary judgment on the basis of qualified immunity. A district court’s denial of a claim of qualified immunity is immediately appealable. Mitchell v. … Qualified Immunity Government officials performing discretionary functions are generally shielded from civil damages liability as long as their conduct does not violate clearly established statutory or constitutional rights