Case law

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.”

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.

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.

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

James DeLanis v. Metro. Govt of Nashville

Court of Appeals for the Sixth Circuit · Nov 24, 2025

And it did not violate any clearly established law. … So long as its actions did not violate clearly established law, qualified immunity applies. Pearson v. Callahan, 555 U.S. 223, 236 (2009).

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.

Paul Tarashuk v. Jamie Givens

53 F.4th 154 · Court of Appeals for the Fourth Circuit · Nov 8, 2022

of material fact barred a ruling on qualified immunity at the summary judgment stage. … Appellants also argued, in the alternative, that they were entitled to qualified immunity because the particular right allegedly violated was not clearly established.

Butler v. City of Norman

992 F.2d 1053 · Court of Appeals for the Tenth Circuit · Apr 28, 1993

official violated the clearly established law. … In Mitchell the Court held: Unless the plaintiffs allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery ..

Chinchello v. Fenton

805 F.2d 126 · Court of Appeals for the Third Circuit · Nov 14, 1986

We acknowledge that on these facts the distinction between an “I didn’t do it” defense and a qualified immunity defense based on the absence of a clearly established legal duty is not as clear cut as in most other contexts … Fitzgerald, 457 U.S. at 818, 102 S.Ct. at 2738, instructed that qualified immunity is unavailable if the defendant’s conduct violated “clearly established ... statutory rights” and, based on Davis v.

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.

Benjamin v. Schwartz

299 F. Supp. 2d 196 · District Court, S.D. New York · Jan 8, 2004

Koenigsmann, and qualified immunity. … Qualified immunity is available to a public official whose conduct “does not violate a clearly established statutory or constitutional right.” Richardson v. Selsky, 5 F.3d 616, 621 (2d Cir.1993).

Santana v. Calderon

342 F.3d 18 · Court of Appeals for the First Circuit · Aug 26, 2003

It is important for the "clearly established" prong of the qualified immunity analysis to note that Quiles was decided on November 7, 2001, after Santana's dismissal from her job in this case. … the Puerto Rico Constitution, is to focus on the second step of the qualified immunity analysis -- the clearly established question

Nash v. Douglas County

733 F. Supp. 100 · District Court, N.D. Georgia · Nov 17, 1989

Qualified Immunity Harper, Hale, Copeland and Holmes, (“the law officer defendants”), assert that they are entitled to summary judgment on qualified immunity grounds. … The qualified immunity defense, first recognized by the Supreme court in Pierson v.

Armijo Ex Rel. Chavez v. Wagon Mound Public Schools

159 F.3d 1253 · Court of Appeals for the Tenth Circuit · Oct 28, 1998

“Such immunity is qualified in that it does not obtain when otherwise immune officials violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Id. … that the relevant law was clearly established when the alleged violation occurred.

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.

Ann Robinette Eric Robinette v. William Jones Richard Fentiman Tim Gassen Joshua Landis Merritt M. Beck, III City of Centralia, Missouri

476 F.3d 585 · Court of Appeals for the Eighth Circuit · Feb 8, 2007

Whether an official is entitled to qualified immunity depends upon the “objective legal reasonableness” of the official’s actions “assessed in light of the legal rules that were ‘clearly established’ ” at the time of the … Robi-nette, the constitutional right was not clearly established. 8 The warrant to arrest Ms.

Robert Oglesby v. Amy Lesan

929 F.3d 526 · Court of Appeals for the Eighth Circuit · Jul 3, 2019

Officer Hein and Deputy Lesan moved for summary judgment based on qualified immunity. … To defeat a motion for summary judgment based on qualified immunity, a plaintiff must show that the defendant violated his clearly-established rights. Pearson v. Callahan, 555 U.S. 223, 232 (2009).

Hall v. Stewart

297 F. Supp. 2d 1328 · District Court, S.D. Florida · Jan 16, 2004

The Supreme Court has established a two-part test for evaluating claims of qualified immunity. … We find it does not ... ”). 3 Because no “offensiveness to others” element was clearly established under Fla. Stat. § 796.07 at the time of the arrests, Defendants are entitled to qualified immunity.

Brown v. Grabowski

922 F.2d 1097 · Court of Appeals for the Third Circuit · Dec 31, 1990

Anderson’s strict elaboration of Harlow , establishing that an official is entitled to summary judgment on grounds of qualified immunity, unless the right that the official is alleged to have violated is both clearly established … established constitutional duty and that he was entitled to qualified immunity.

Harrod v. Caney

547 S.W.3d 536 · Court of Appeals of Kentucky · Feb 23, 2018

Harrod filed an interlocutory appeal, arguing the claims against him are barred by absolute immunity and qualified immunity. … Coroners are entitled to qualified immunity both by statute and pursuant to common law.