Case law

Gallimore ex rel. W.S.G. v. Henrico County School Board

38 F. Supp. 3d 721 · District Court, E.D. Virginia · Aug 5, 2014

“A school official searching a student is ‘entitled to qualified immunity where clearly established law does not show that the search violated the Fourth Amendment.’ ” Id. at 377 , 129 S.Ct. 2633 (quoting Pearson v. … “[W]here no reasonable officer could believe he was acting in accordance with [a clearly established constitutional right], qualified immunity will not attach.” Pinder v. Johnson, 54 F.3d 1169, 1173 (4th Cir.1995).

Rivera v. Mattingly

604 F. Supp. 2d 634 · District Court, S.D. New York · Mar 24, 2009

Qualified Immunity The doctrine of qualified immunity protects officials from liability under certain circumstances. … For a claim of qualified immunity to be defeated, a plaintiff must have alleged facts constituting a violation of a constitutional right, and the right at issue must have been clearly established at the time of the alleged

Brandon Raub v. Michael Campbell

785 F.3d 876 · Court of Appeals for the Fourth Circuit · Apr 29, 2015

(2) whether that right was clearly established at the time of the alleged violation. … [Campbell’s] action, assessed in light of the legal rules that were clearly established at the time it was taken.”

Quinones v. Howard

948 F. Supp. 251 · District Court, W.D. New York · Dec 11, 1996

It is well-established that issues involving the defense of qualified immunity should ordinarily be decided “at the earliest possible stage in litigation.” Anderson v. … Even when such rights are clearly established, qualified immunity also protects a government official if it is objectively reasonable for [the official] to believe that his acts did not violate those rights.” Russell v.

SCHROEDER v. DeKALB COUNTY Et Al.

341 Ga. App. 748 · Court of Appeals of Georgia · Jun 14, 2017

Qualified immunity protects officials performing discretionary functions from individual claims brought pursuant to 42 USC § 1983, if their conduct does not violate clearly established statutory or constitutional … were clearly established at the time the action was taken.

Dennis Lee Campbell v. Paul Burt, and John Doe (3), Police Officers

141 F.3d 927 · Court of Appeals for the Ninth Circuit · Apr 6, 1998

The primary issue before us is whether, for purposes of qualified immunity, the seven-day delay before filing the petition and obtaining post-deprivation judicial review violated Campbell’s clearly established procedural … However, “[a]n official is entitled to qualified immunity if the right which he allegedly violated is not ‘clearly established.’ ” Campbell, 949 F.Supp. at 1468 (quoting Anderson v.

Barnett v. Karpinos

119 N.C. App. 719 · Court of Appeals of North Carolina · Aug 15, 1995

In reviewing this argument, we apply the following standard: “The test of qualified immunity for police officers sued under [section 1983] is whether [the officers’ conduct violated] clearly established statutory or constitutional … In ruling on the defense of qualified immunity we must: (1) identify the specific right allegedly violated; (2) determine whether the right allegedly violated was clearly established at the time of the violation; and (3)

Fortner v. Thomas

983 F.2d 1024 · Court of Appeals for the Eleventh Circuit · Feb 18, 1993

clearly established law." … It is well established that the doctrine of qualified immunity protects government officials from civil damages liability as long as the officials could reasonably believe that their conduct did not violate clearly established

Alexander v. Margolis

921 F. Supp. 482 · District Court, W.D. Michigan · Nov 1, 1995

Fitzgerald, 457 U.S. 800 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982), the Court held that a defense of qualified immunity depends upon the reasonableness of an official's conduct, as measured by reference to clearly established … In his response to defendants’ claim of qualified immunity, he has not alleged how the defendants’ actions alleged in his complaint have violated clearly established law.

Willingham v. Crooke

412 F.3d 553 · Court of Appeals for the Fourth Circuit · Jun 23, 2005

This is known as the defense of qualified immunity. 13 Police officers are presumed to know about the clearly established constitutional rights of citizens. In this case, Ms. … immunity from liability for civil damages to the extent that "their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known."

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

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.

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.

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.

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,

Denno Ex Rel. Denno v. School Board of Volusia County

959 F. Supp. 1481 · District Court, M.D. Florida · Feb 3, 1997

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. Mitchell v. … In this case, the Court finds that Roberts and Wallace are entitled to dismissal on the basis of qualified immunity because the law is not so “clearly established” in such a “concrete and factually defined context” to make

Valdez v. Farmon

766 F. Supp. 1529 · District Court, E.D. California · Jun 11, 1991

event to compel her to give up that clearly established right. … A defendant is entitled to a qualified immunity if: 1. the law allegedly violated was not clearly established (a legal issue); 2. assuming that the law was clearly established, a reasonable person in the same circumstances

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

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

Buchwald v. University of New Mexico School of Medicine

159 F.3d 487 · Court of Appeals for the Tenth Circuit · Oct 20, 1998

to qualified immunity. … Finally, we REVERSE the district court’s denial of Klepper and Atencio’s motion for summary judgment on the grounds of qualified immunity because we conclude that the law was not clearly established.