Case law

Valdez v. Roybal

186 F. Supp. 3d 1197 · District Court, D. New Mexico · May 12, 2016

Clearly Established Rights in the Qualified Immunity Analysis. … The Law Was Not Clearly Established and Roybal and Placencio are Entitled to Qualified Immunity.

Deborah Audra Skousen v. Brighton High School, Paul Rambo, a Michigan State Trooper

305 F.3d 520 · Court of Appeals for the Sixth Circuit · Sep 26, 2002

We do, however, retain jurisdiction over the legal question of qualified immunity, which requires a determination of whether a given set of facts violates a clearly established right. Mat-tox, 183 F.3d at 519 . … all, and then must determine whether the claimed right was clearly established, before proceeding to the qualified immunity question).

Spenner v. CITY OF SIOUX FALLS, SOUTH DAKOTA

580 N.W.2d 606 · South Dakota Supreme Court · Jun 3, 1998

“To find whether qualified immunity applies, the test is to ask if the officer’s conduct violated clearly established statutory or constitutional rights a reasonable officer would have known at the time.” Id. … ” of the action, assessed in light of the legal rules that were “clearly established” at the time it was taken. ****** [0]ur cases establish that the right the official is alleged to have violated must have been “clearly

Caron Nazario v. Joe Gutierrez

103 F.4th 213 · Court of Appeals for the Fourth Circuit · May 31, 2024

On the second prong of qualified immunity, i.e., the clearly established issue, we agree with the district court that Crocker is entitled to qualified immunity because his conduct did not violate a clearly … The court, however, ruled that the Policemen were entitled to qualified immunity under its second prong, that is, the clearly established requirement.

Griffin v. Petrucci

District Court, M.D. Pennsylvania · Jul 15, 2025

Qualified immunity shields officials from liability for civil damages brought pursuant to section 1983 “so long as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … the right was clearly established.

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.

Frederick Jackson v. City of Madison

Court of Appeals for the Seventh Circuit · May 28, 2026

We reiterate that to defeat qualified immunity, a plaintiff must point us to law that is established clearly enough “that every reasonable official would interpret it to establish the particular rule the plaintiff seeks to … Officers are entitled to qualified immunity unless “(1) they violated a federal stat- utory or constitutional right, and (2) the unlawfulness of their conduct was ‘clearly established at the time.’”

Regina Barton v. Chad Ledbetter

908 F.3d 1119 · Court of Appeals for the Eighth Circuit · Nov 14, 2018

or statutory right; and (2) the right was clearly established at the time of the deprivation.” … Conclusion We affirm the denial of qualified immunity as to Martin. We reverse the denial of qualified immunity as to Wright.

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.”

Lombardi Rest Home, Inc. v. Richter

63 Conn. App. 646 · Connecticut Appellate Court · Jun 5, 2001

II In addition, the defendants raise the question of whether they are entitled to qualified immunity. … . . . assessed in light of the legal rules that were clearly established at the time it was taken.”

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.

Brendle v. City of Houston, Miss.

177 F. Supp. 2d 553 · District Court, N.D. Mississippi · Jan 5, 2001

Qualified immunity shields state actors from civil liability if their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known. Davis v. … in light of the clearly established law.

The Estate of Jeremy Marr v. City of Glasgow

District Court, W.D. Kentucky · Jan 31, 2025

The qualified immunity analysis is a two-step inquiry: (1) whether a constitutional right has been violated; and (2) whether that right was clearly established, though the steps need not be taken in that order. … Clearly Established The second prong of qualified immunity analysis examines whether the right as clearly established. See Getz, 833 F.3d at 652 (citing Pearson v.

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

Pisoni v. McCord

2018 Ohio 64 · Ohio Court of Appeals · Jan 9, 2018

Thereafter, the burden shifts to plaintiff to establish that the defendant’s conduct violated a right so clearly established that any officer in the defendant’s position would have clearly understood that he was under an … The question is whether Pisoni established McCord’s conduct violated a right so clearly established that any officer in McCord’s position (objectively measured) would have clearly understood he was under an affirmative

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

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."

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."

People Ex Rel. Feuer v. Progressive Horizon, Inc.

248 Cal. App. 4th 533 · California Court of Appeal · May 31, 2016

Proposition D bans medical marijuana businesses, but grants certain qualifying businesses a limited immunity from enforcement of the ordinance. … As set forth in the Declarations attached to these moving papers, Progressive has resolved the LiveScan issue and now fully qualifies for limited immunity.

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.”