Case 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.

Pekrun v. Puente

172 F. Supp. 3d 1039 · District Court, E.D. Wisconsin · Mar 23, 2016

Qualified immunity “protects government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known … In support of his argument for qualified immunity, Puente cites Gause v.

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

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

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.”

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.

Kopec v. Tate

230 F. Supp. 2d 619 · District Court, E.D. Pennsylvania · Oct 21, 2002

Defendant asserts a defense of qualified immunity. … must be “clearly established.”

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.

Doe v. Rector & Visitors of George Mason University

132 F. Supp. 3d 712 · District Court, E.D. Virginia · Sep 16, 2015

is that government officials sued in their personal capacities for violations of federal rights are entitled to qualified immunity if the right was not clearly established at the time of the violation. … It is equally clear, of course, that a “materially similar” set of facts is not necessary to establish law clearly for qualified immunity purposes. See Hope v.

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.

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.”

Tyron Brown v. Lee Lucas

753 F.3d 606 · Court of Appeals for the Sixth Circuit · May 28, 2014

On this score, appellees are entitled to qualified immunity. Whatever rights appellants had to receive exculpatory evidence prior to entering their pleas was not clearly established. … in light of the clearly established constitutional rights.' ” Feathers v.

Gray v. State

624 A.2d 479 · Supreme Judicial Court of Maine · May 11, 1993

On a motion by Levesque, the court dismissed the civil rights claim finding that Levesque did not violate any clearly established statutory or constitutional rights and therefore was en *482 titled to qualified immunity. … Malice or improper motive, alone, is not sufficient to defeat qualified immunity. Myers, 810 F.2d at 1457 . An official’s entitlement to qualified immunity is a legal, not a factual issue. Snell v.

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 16 As stated above, Harlow established the test for qualified immunity.

Cathy Neely, Plaintiff-Appellee-Cross v. Stephen Feinstein, Defendants-Appellants-Cross

50 F.3d 1502 · Court of Appeals for the Ninth Circuit · Apr 3, 1995

Defendant Feinstein The district court concluded that Feinstein was not entitled to qualified immunity because the law was clearly established that hospital officials must ensure their patients’ safety, and that the record … Was the Law Clearly Established?

John H. Chambers v. Colorado Department of Corrections Margaret Heil, in Her Individual and Official Capacity

205 F.3d 1237 · Court of Appeals for the Tenth Circuit · Mar 7, 2000

Chambers insisted the sex was consensual, and the police evidently were unable to establish otherwise. … Because the state of the law was not established when these actions were taken, the prison officials named in this lawsuit are entitled to qualified immunity. Thus, Mr. Chambers’ claim for damages cannot be sustained.

Wright v. Department of Children and Family Services

District Court, N.D. Illinois · Oct 2, 2024

Bank Clothiers, Inc., 761 F.3d 732, 734–35 (7th Cir. 2014) 5 Defendants again assert that qualified immunity precludes Wright from proceeding on his § 1983 claim. … LeVan, 967 F.3d 584, 590 (7th Cir. 2020) (qualified immunity applies if the “well-pleaded allegations, taken as true, do not state a claim of violation of clearly established law”).

Perry v. Woodruff County Sheriff Department ex rel. Barker

858 F.3d 1141 · Court of Appeals for the Eighth Circuit · Jun 5, 2017

Qualified immunity protects law enforcement officers from liability for civil damages so long as their'conduct does not violate clearly established constitutional or statutory rights of which a reasonable person would have … Accordingly, Pennycook does not control this case, and we conclude that Perry’s Fourth Amendment right to be free from excessive force was clearly established in August 2009 such that Wolfe was not entitled to qualified immunity

WV Division of Corrections, Scott Patterson and Jason Walton v. P.R.

West Virginia Supreme Court · Nov 22, 2019

The parties disagree about whether Policy Directive 332.02 constitutes a “clearly established law” for purposes of defeating qualified immunity. … whether or not a right is clearly established, has resulted in the “conver[sion of] qualified immunity to near absolute immunity,” Rebalancing Harlow: A New Approach to Qualified Immunity in the Fourth Amendment, 68 Chase