Case law

Daniel Robbins v. City of Des Moines

984 F.3d 673 · Court of Appeals for the Eighth Circuit · Jan 5, 2021

To overcome a claim of qualified immunity, Robbins must demonstrate (1) a deprivation of a constitutional right, and (2) that the right was clearly established at the time of the deprivation. Id. … The defendant officers violated Robbins’s clearly established right to be free of unreasonable seizures of his property, see id., and are not entitled to qualified immunity. C.

Fazaga v. Federal Bureau of Investigation

885 F. Supp. 2d 978 · District Court, C.D. California · Aug 14, 2012

The doctrine of qualified immunity was established to protect government officials “from liability for civil damages insofar as their conduct does not violate any clearly established statutory or constitutional rights of … The Agent Defendants argue that they are entitled to qualified immunity because it was not clearly established that Plaintiffs were “aggrieved persons.”

Valentin Rodriguez v. Municipality of Barceloneta

236 F. Supp. 2d 189 · District Court, D. Puerto Rico · Sep 18, 2002

The general rule regarding qualified immunity is that government officials are immune from suit when their conduct does not violate clearly established statutory authority or constitutional rights, which a reasonable person … Therefore, the question no longer is whether the issue of the time clocks was a clearly established statutory or constitutional right, but becomes whether Plaintiff has sufficiently asserted a violation of one (or more) clearly

Shechter v. Comptroller of New York

79 F.3d 265 · Court of Appeals for the Second Circuit · Mar 21, 1996

It is not enough that defendants-appellants were “government officials” to establish qualified immunity. … Accordingly, defendants-appellants’ pleading is insufficient to establish their qualified immunity defense.

James F. Robinson v. Solano County Brian Cauwells, Solano County Sheriff's Deputy Officer Gary Faulkner, Solano County Sheriff's Deputy Officer

278 F.3d 1007 · Court of Appeals for the Ninth Circuit · Feb 4, 2002

established in this circuit in 1995 to override the officers’ claim of qualified immunity. … Conclusion We hold that Officers Cauwells and Faulkner were entitled to qualified immunity on the federal excessive force claim because the Fourth Amendment law gov *1017 erning their conduct was not clearly established at

Ginger Elder v. Cindy Gillespie

54 F.4th 1055 · Court of Appeals for the Eighth Circuit · Dec 9, 2022

violations of their constitutional rights with respect to their continuing benefits claims and that those rights were clearly established.” … Government officials claiming a qualified immunity defense are protected “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable

Coming Up, Inc. v. City & County of San Francisco

857 F. Supp. 711 · District Court, N.D. California · Jun 21, 1994

First, plaintiffs urge the Court *714 to only consider the defense of qualified immunity with reference to “clearly established law.” Harlow v. … Thus the availability of qualified immunity depends upon the “ ‘objective legal reasonableness’ of the action ... in light of the legal rules that were ‘clearly established’ at the time it was taken.”

In Re: Montgomery County

215 F.3d 367 · Court of Appeals for the Third Circuit · Jun 9, 2000

clearly established right which the Appellants violated and therefore denied them the protection of qualified immunity." … Holding as we do that Wright has alleged the violation of a clearly established right, we must also hold that the Appellants are not entitled to qualified immunity at this stage of the proceedings. IV.

LaChance v. Town of Charlton

990 F.3d 14 · Court of Appeals for the First Circuit · Mar 3, 2021

Of course, prior cases with materially similar facts are not necessary to clearly establish conduct's illegality; a "general constitutional rule" located in prior authority can suffice to defeat qualified immunity even … (alteration in district court precedent when determining if constitutional rights are clearly established for purposes of qualified immunity.").

Charlie Wade v. Thomas Hegner

804 F.2d 67 · Court of Appeals for the Seventh Circuit · Oct 20, 1986

One of the defendants, Thomas Hegner, 1 also argued that he was entitled to qualified immunity. … Qualified Immunity Defendant claims that the trial court erred three ways when it rejected his defense of qualified immunity.

Sain v. Wood

512 F.3d 886 · Court of Appeals for the Seventh Circuit · Jan 9, 2008

Wood moved for summary judgment on the ground of qualified immunity. The district court denied his summary judgment motion, and Dr. Wood appeals the denial of qualified immunity. … Wood had disqualified himself from immunity by violating a clearly established constitutional right. Because the issue of Dr.

Opinion No.

Arkansas Attorney General Reports · Feb 25, 2002

Under the doctrine of qualified immunity, an individual is immune from trial if the actions complained of were taken in good faith in the performance of one's duties, and the acts do not violate any clearly established constitutional … The immunity is "qualified" because it does not obtain where the activity is in violation of clearly established law that a reasonable person would have known. Id. ; Robinson v.

Buchanan v. Ford

638 F. Supp. 168 · District Court, N.D. New York · Jun 19, 1986

If an official establishes “the objective reasonableness of [his] conduct, as measured by reference to clearly established law,” he can have summary judgment. Id. … Plaintiff has not cited a different “clearly established” legal standard by which to evaluate defendant’s conduct.

CLOANINGER EX REL. EST. OF CLOANINGER v. McDevitt

555 F.3d 324 · Court of Appeals for the Fourth Circuit · Feb 9, 2009

If the law did not put the officer on notice that his conduct would be clearly unlawful, summary judgment based on qualified immunity is appropriate. … a claim of violation of clearly established law."

Roger Lee v. William Driscoll

871 F.3d 581 · Court of Appeals for the Eighth Circuit · Sep 7, 2017

“We review de novo the district court’s denial of qualified immunity.” Id. at 813 . … a constitutional right’; and (2) whether the asserted constitutional right is clearly established.”

Smith v. Schwarzenegger

137 F. Supp. 3d 1233 · District Court, E.D. California · Oct 7, 2015

Qualified Immunity. … Accordingly, the Court skips the first step of the Saucier qualified immunity analysis. b. Defendants Did Not Violate Clearly Established Law.

Sarah Watkins v. City of St. Louis, Missouri

102 F.4th 947 · Court of Appeals for the Eighth Circuit · May 29, 2024

“Qualified immunity shields public officials from liability for civil damages if their conduct did not ‘violate clearly established statutory or constitutional rights of which a reasonable person would have known.’” … To overcome qualified immunity at the motion to dismiss stage, a plaintiff “must plead facts showing (1) that the official violated a statutory or constitutional right, and (2) that the right was clearly established at the

Visser v. Magnarelli

542 F. Supp. 1331 · District Court, N.D. New York · Jul 9, 1982

Fitzgerald, ___ U.S. ___, ___, 102 S.Ct. 2727, 2739 , 73 L.Ed.2d 396 (1982) ("If the law was clearly established, the immunity defense ordinarily should fail, since a reasonably competent public official should know the law … Treen, 671 F.2d 892, 899-900 (5th Cir. 1982) (violation of clearly established state law vitiates objective prong of good faith immunity defense).

Welch v. Daniels

District Court, D. Nevada · Jun 23, 2025

immunity test; and (3) the 11 R&R conducted the “clearly established law” prong of the qualified immunity analysis at 12 too high a level of generality. … was clearly established to satisfy the qualified immunity analysis’ second 3 prong.

Henderson v. Baird

29 F.3d 464 · Court of Appeals for the Eighth Circuit · Jul 14, 1994

They are entitled to qualified immunity unless their conduct violates "clearly established statutory or constitutional rights of which a reasonable person would have known." Harlow v. … The magistrate judge went on to deny qualified immunity on the substantive due process claim because the law was clearly established "that substantive due process required that at least some evidence was needed to support