Case law

Derrick Williams v. Michael O'leary, Clyde E. Nash, Leroy Banks

55 F.3d 320 · Court of Appeals for the Seventh Circuit · May 25, 1995

Williams challenges both the district court’s implicit finding that Brewer and Kurian were public officials entitled to raise the qualified immunity defense and its explicit conclusion that it was not clearly established … The instant case clearly falls within the class of cases in which qualified immunity may be raised by a private defendant.

O'MALLEY v. City of Flint

652 F.3d 662 · Court of Appeals for the Sixth Circuit · Jul 26, 2011

Generally, summary judgment based on qualified immunity is proper if the officer was not on notice that his conduct was clearly unlawful. Higgason v. Stephens, 288 F.3d 868, 876 (6th Cir.2002). … established”).

Columbian Financial Corporation v. Stork

811 F.3d 390 · Court of Appeals for the Tenth Circuit · Jan 26, 2016

Thull enjoy qualified immunity on this claim because the alleged conduct would not have violated a clearly established constitutional right. … For qualified immunity, however, the question is whether that constitutional requirement was clearly established.

Tosun Fitil v. Justyn Riley

Court of Appeals for the Eighth Circuit · Aug 31, 2026

What we can review is the denial of qualified immunity on Fitil’s Fourth Amendment claim. … Even though the plaintiff “was shot in the knee with a rubber bullet” from “less than 10 feet away,” we granted qualified immunity because it was not clearly established “as of April 2021 that officers effect a seizure when

City of Phoenix v. Superior Court

180 Ariz. 472 · Court of Appeals of Arizona · Aug 4, 1994

The agents asserted qualified immunity as a defense. … the defendant’s version of the facts, the defendant’s conduct violated a clearly established law.

MCCLOUD v. VANSHOYCK

District Court, S.D. Indiana · Jan 19, 2024

Defendants Holt, Donovan, Barlow, Hall, and Nicholson all argue that they are entitled to qualified immunity because there is not a clearly established right to an additional decontamination shower beyond … "Qualified immunity attaches when an official's conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known." White v.

Fisher v. Dallas County

299 F.R.D. 527 · District Court, N.D. Texas · Apr 18, 2014

“Even if the government official’s conduct violates a clearly established right, the official is nonetheless entitled to qualified immunity if his conduct was objectively reasonable.” Wallace v. … See Morin, 77 F.3d at 120 (“Public officials are entitled to qualified immunity from suit under § 1983 unless it is shown by specific allegations that the officials violated clearly established law.”); Schultea, 47 F.3d at

Laubinger v. Department of Revenue

41 Mass. App. Ct. 598 · Massachusetts Appeals Court · Nov 14, 1996

Whether an asserted right was clearly established at a particular time so that a public official who allegedly violated the right has no qualified immunity “presents a question of law” which “must be resolved de novo on appeal … Accordingly, we hold Fay is entitled to qualified immunity.

Anthony Gant v. Daniel Hartman

924 F.3d 445 · Court of Appeals for the Seventh Circuit · May 14, 2019

Benner, 913 F.3d 640, 643 (7th Cir. 2019) (affirming denial of qualified immunity). … Officer Hartman claims that he is entitled to qualified im- munity because his actions did not violate Gant’s constitu- tional rights and, even if they did, those rights were not clearly established on or before August 23,

WALKER v. REGAN

District Court, E.D. Pennsylvania · Apr 1, 2021

trooper was entitled to qualified immunity because his use of deadly force did not violate a clearly established right). … No. 201) where the Third Circuit Court of Appeals noted that, for the purposes of qualified immunity, “[t]o be clearly established, a right must be so apparent that ‘every reasonable official would understand that what

Trafton v. City of Woodbury

799 F. Supp. 2d 417 · District Court, D. New Jersey · Jun 29, 2011

Qualified immunity is applicable unless the official’s conduct violated a clearly established constitutional right. 12 Montanez, 603 F.3d at 250 . … See id. at 823 (finding that because the unlawfulness of the officers’ conduct was not clearly established, the officers were entitled to qualified immunity, without having to answer the question of whether the officers violated

Stevenson v. Toce

113 F.4th 494 · Court of Appeals for the Fifth Circuit · Aug 22, 2024

Clearly established Next, Stevenson must demonstrate that the violation of his rights was “clearly established.” Cooper, 844 F.3d at 522. … Jackson clearly established that such circumstances, if proven true, violate the Eighth Amendment.

Edmiston v. Borrego

75 F.4th 551 · Court of Appeals for the Fifth Circuit · Aug 1, 2023

“Qualified immunity protects officers from suit unless their conduct violates a clearly established [statutory or] constitutional right.” Converse v. … Regarding the second prong of the qualified-immunity analysis, for a right to be “clearly established” it must be “sufficiently clear that every reasonable official would have understood that what he is doing violates

Russell v. City of Tupelo, Mississippi

District Court, N.D. Mississippi · Jun 16, 2021

Clifton, 29 F.3d 1012 (5th Cir. 1994) (holding that law enforcement officers are entitled to qualified immunity “unless it is shown that, at the time of the incident, [the officer] violated a clearly established constitutional … An officer may successfully invoke the defense of qualified immunity “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”

Monetti v. City of Seattle

875 F. Supp. 2d 1221 · District Court, W.D. Washington · Jun 21, 2012

Qualified Immunity Analysis Qualified immunity shields public officials from civil damages for the performance of their discretionary functions. … Even if the constitutional rights of the plaintiff were violated, unless the right is clearly established, the officer is entitled to qualified immunity. Saucier, 533 U.S. at 201, 121 S.Ct. 2151 .

Maness v. Daily

Alaska Supreme Court · Aug 16, 2013

Fitzgerald.17 Under this standard, qualified immunity shields public officials from civil liability “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … established.”27 In short, because Maness cannot show pursuant to his theory of liability that the troopers violated any of his clearly established rights, the troopers are protected by qualified immunity from Maness’s excessive

Jeremiah Hogan v. Lincoln Medical Partners

2025 ME 22 · Supreme Judicial Court of Maine · Mar 4, 2025

Even construed strictly because it is in derogation of the common law, the immunity statute is clearly broad in scope. See Jamison v. … As to Hogan’s assertion that the immunity provision violates the child’s constitutional right of bodily integrity, “[i]n the context of COVID-19, courts across the country have concluded that Jacobson established that there

Vinning-El v. Evans

657 F.3d 591 · Court of Appeals for the Seventh Circuit · Sep 16, 2011

The remaining subject is whether chaplain Sutton has qualified immunity, which comprises two questions: first whether the plaintiff has a good constitutional claim, and second whether the right in question was “clearly established … Immunity protects public employees who make reasonable errors in applying even clearly established law. See, e.g., Malley v.

Heidemann v. Rother

84 F.3d 1021 · Court of Appeals for the Eighth Circuit · May 23, 1996

For reversal, all of the defendants, including Joy, argue that they are entitled to qualified immunity as a matter of law because plaintiffs have failed to allege a violation of any clearly established constitutional or federal … In Behrens , the defendant, an official with the Federal Home Loan Bank Board, had moved for summary judgment on qualified immunity grounds, arguing that his actions had not violated any clearly established right.

Bouchard v. Whetstone

772 F. Supp. 2d 1352 · District Court, D. Colorado · Feb 24, 2011

To overcome a claim of qualified immunity, the plaintiff first must establish “that the defendant’s actions violated a constitutional or statutory right.” Albright v. … QUALIFIED IMMUNITY Officers Whetstone and Jimenez assert the defense of qualified immunity. *1359 Under the doctrine of qualified immunity, government officials performing discretionary functions are shielded from liability