Case law

Eva Raffucci Alvarado v. Carmen Sonia Zayas, Digno C. Giraud Rivera v. Carmen Sonia Zayas, Etc.

816 F.2d 818 · Court of Appeals for the First Circuit · Apr 24, 1987

“An official is entitled to immunity if, at the time of the challenged action, the statutory or constitutional right allegedly violated was not ‘clearly established.’ ” Bonitz v. Fair, 804 F.2d at 166 (quoting Harlow v. … Therefore, because her actions did not violate any clearly established federal due process rights, Sonia Zayas is entitled to qualified immunity on these claims.

Van Beek v. Robinson

879 F. Supp. 2d 707 · District Court, E.D. Michigan · Jul 16, 2012

Clearly Established Law To overcome an assertion of qualified immunity, Plaintiff must also demonstrate that the constitutional right at issue was clearly established at the time of the alleged deprivation. … Defendants claim that the detention and search of Plaintiff is not “clearly established” as unlawful, and they, therefore, are entitled to qualified immunity. The Court disagrees.

MIMICS, Inc. v. Village of Angel Fire

394 F.3d 836 · Court of Appeals for the Tenth Circuit · Jan 3, 2005

Usually, if the law was clearly established at the time of the relevant events, the qualified immunity defense will fail. Harlow v. Fitzgerald, 457 U.S. 800, 818-19 (1982). … Id. at 934. 8 The purpose of requiring the law to be clearly established in qualified immunity determinations is so state officials have fair notice that their conduct is unconstitutional.

Moore v. Webster

932 F.2d 1229 · Court of Appeals for the Eighth Circuit · May 8, 1991

for the law to be clearly established. … . *1233 Nevertheless, when deciding whether an official is entitled to qualified immunity, we need only determine whether there was clearly established law which revealed the wrongfulness of appellees' actions.

Brannum Ex Rel. Brannum v. Overton County School Board

516 F.3d 489 · Court of Appeals for the Sixth Circuit · Feb 20, 2008

Under the qualified immunity doctrine, public officials cannot be held liable for violating a person’s constitutional rights unless the right was clearly established at the time of the alleged improper conduct. … Creighton, 483 U.S. 635 , 107 S.Ct. 3034 , 97 L.Ed.2d 523 (1987), the Supreme Court articulated the meaning of “clearly established” in the context of the defense of qualified immunity: The contours of the right must be sufficiently

Krein v. Norris

309 F.3d 487 · Court of Appeals for the Eighth Circuit · Oct 16, 2002

not specifically and conclusively ruled on the issue of qualified immunity. … holding that "plaintiff has asserted the violation of a constitutional right [and] the right is clearly established."

Doctor Awanna Leslie v. Hancock County Board of Education

720 F.3d 1338 · Court of Appeals for the Eleventh Circuit · Jul 12, 2013

had was not clearly established. … “[T]o obtain qualified immunity, an official must first establish that he acted within his discretionary authority.”

Beg Investments, LLC v. Alberti

85 F. Supp. 3d 54 · District Court, District of Columbia · Mar 24, 2015

As a result, Defendants were entitled to qualified immunity. Id. … In granting Defendants’ motion to dismiss Plaintiff’s RICO and underlying Hobbs Act claims, this Court explained that state actors are entitled to qualified immunity on RICO claims for “conduct that does not violate clearly

Steven Hill v. William Shelander

992 F.2d 714 · Court of Appeals for the Seventh Circuit · Apr 30, 1993

In that instance, Shelander would not have violated Hill’s clearly established constitutional rights, and he would be entitled to qualified immunity. … Clearly Established Constitutional Standards.

Fierro v. City of New York

341 F. App'x 696 · Court of Appeals for the Second Circuit · Jul 27, 2009

A government official is entitled to qualified immunity where his or her discretionary conduct “does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … Pataki, 196 F.3d 56 , 66 (2d Cir.1999) (indicating that if a constitutional protection is not clearly established at the time of an official’s alleged conduct, the official will be protected by qualified immunity even if

Sorano v. Taggart

642 F. Supp. 2d 45 · District Court, D. Massachusetts · Jul 29, 2009

“Qualified immunity is an affirmative defense that shields government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a … Qualified Immunity — The Merits “A government official performing a discretionary function is entitled to qualified immunity provided his or her ‘conduct does not violate clearly established statutory or constitutional rights

Gould v. Symons

275 F. Supp. 2d 843 · District Court, E.D. Michigan · Jul 18, 2003

entitled to qualified immunity from suit. … established principle of law and, therefore, the defendants were not entitled to qualified immunity.

Dollard v. Callery

185 A.3d 694 · Superior Court of Delaware · Apr 16, 2018

“Qualified immunity shields government officials from civil damages liability unless the official violated a statutory or constitutional right that was clearly established at the time of the challenged conduct.”63 A clearly … right to fair trial—that clearly was established at the time of the challenged conduct.

Rico v. Ducart

Court of Appeals for the Ninth Circuit · Jan 27, 2026

The district court properly dismissed Rico’s action because defendants are entitled to qualified immunity. See Cuevas v. … of their conduct was clearly established at the time.”

Felton v. Polles

315 F.3d 470 · Court of Appeals for the Fifth Circuit · Dec 17, 2002

qualified immunity, not the merits. … In any event, for qualified immunity purposes, the test is whether Carter has asserted deprivation of a statutory right under clearly established law.

Hemry v. Ross

62 F.4th 1248 · Court of Appeals for the Tenth Circuit · Mar 10, 2023

When a defendant claims qualified immunity, the plaintiff must show “(1) the defendant violated his constitutional rights; and (2) the law was clearly established at the time of the alleged violation.” Soza v. … Accordingly, the officers are entitled to qualified immunity. III.

Long v. Slaton

508 F.3d 576 · Court of Appeals for the Eleventh Circuit · Nov 16, 2007

, violated no clearly established *584 right. … Montoute is a qualified immunity decision.

Vernon Linicomn v. City of Dallas

902 F.3d 529 · Court of Appeals for the Fifth Circuit · Sep 5, 2018

Public officials are entitled to qualified immunity unless the plaintiff can plead specific allegations demonstrating (1) the violation of a constitutional right that (2) was clearly established at the time of the alleged … immunity analysis, that this right was clearly established under the circumstances of this case at the time of the officers’ entry.

Maxwell v. MAYOR & ALDER. OF SAVANNAH

226 Ga. App. 705 · Court of Appeals of Georgia · Jun 5, 1997

Despite this finding, however, we conclude that Gellatly was immune from the § 1983 claim in this case. Gellatly’s qualified immunity defense is governed by federal law. Forney v. Purvis, 190 Ga. … For the law to be *708 clearly established to the point that qualified immunity does not apply, the law must have earlier been developed in such a concrete and factually defined context to make it obvious to all reasonable

Toevs v. Reid

685 F.3d 903 · Court of Appeals for the Tenth Circuit · Apr 2, 2012

Our conclusion that defendants are entitled to judgment on the “clearly established” portion of the qualified-immunity test obviates any need to remand this case. … Because the law was not clearly established, defendants are entitled to judgment based on qualified immunity. C.