Case law

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.

McCranie v. Gavinski

District Court, D. Colorado · Sep 24, 2024

Defendants provide no legal authority in support of their proposition that clearly established law for qualified immunity must originate from a case at the same procedural posture. … was clearly established”). Accordingly, the Court finds that Sergeant Acuna and Sergeant Gutierrez are entitled to qualified immunity on plaintiff’s first claim.

Mountain Pure v. Cynthia Roberts

814 F.3d 928 · Court of Appeals for the Eighth Circuit · Feb 25, 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 … Moreover, Mountain Pure -5- cites no authority showing that the agents violated its clearly established rights as it must to overcome a defense of qualified immunity.

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.

Adeline Lennon v. Chief William P. Miller, the City of Troy, Patrolman Donald J. Backaus, and Patrolman Peter Gordon

66 F.3d 416 · Court of Appeals for the Second Circuit · Sep 12, 1995

’s clearly established constitutional rights. … his ... actions did not violate any of those clearly established rights.

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

Mich. Interlock, LLC v. Alcohol Detection Sys., LLC

360 F. Supp. 3d 671 · District Court, E.D. Michigan · Dec 27, 2018

Qualified immunity "shield[s]" public officials from money-damages liability if 'their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known." … In other words, Secretary Johnson is entitled to qualified immunity in her personal capacity because, at the time of the Order, it was not clearly established that she might violate Plaintiffs' constitutional rights.

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.

Marshall v. Board of County Commissioners for Johnson County

912 F. Supp. 1456 · District Court, D. Wyoming · Jan 22, 1996

in a qualified immunity case according to clearly established statutory or constitutional rights of which a reasonable person would have known. … Further, a defendant is entitled to qualified immunity if the plaintiff fails to show that the law was clearly established. See, e.g., Pallottino v.

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

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.