Case law

Cook v. Cobb County, Georgia

District Court, N.D. Georgia · Aug 29, 2022

Indeed, qualified immunity shields “government officials ‘performing discretionary functions . . . from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … An arresting officer is entitled to qualified immunity unless the plaintiff shows that: (1) the defendant violated a constitutional right; and (2) the violated right was clearly established at the time of the incident

Sample v. Bailey

337 F. Supp. 2d 1012 · District Court, N.D. Ohio · Aug 24, 2004

The qualified immunity doctrine provides “that governmental officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established … A “Clearly Established” Right? To overcome the bar of quali-fied immunity, a plaintiff must show that a right was clearly established in the law at the time the alleged violation occurred.

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.”

Richard Crouse v. Town of Moncks Corner

848 F.3d 576 · Court of Appeals for the Fourth Circuit · Feb 15, 2017

Because the first two prongs of the test are questions of law, an employer is entitled to qualified immunity if either prong cannot be resolved under clearly established law. … To defeat a qualified immunity defense, a plaintiff must show “(1) that the official violated a statutory or constitutional right, and (2) that the right was ‘clearly established’ at the time of the challenged conduct.”

Lojuk v. Johnson

770 F.2d 619 · Court of Appeals for the Seventh Circuit · Aug 8, 1985

and qualified immunity. … Plaintiff argued in the alternative that even if defendants had not violated clearly established constitutional rights, they should be denied qualified immunity because they had violated a state administrative regulation.

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.

Rush v. Perryman

579 F.3d 908 · Court of Appeals for the Eighth Circuit · Sep 3, 2009

The court denied the Board qualified immunity with respect to Rush’s First and Fourteenth Amendment claims, finding that Rush’s rights under those provisions were clearly established. … The court concluded that the Board was not entitled to qualified immunity because Rush’s right to a name-clearing hearing was clearly established.

Barbara C. Ehrlich v. Town of Glastonbury, Joel White, James Kenny

348 F.3d 48 · Court of Appeals for the Second Circuit · Oct 17, 2003

The Supreme Court’s prescribed inquiry Defendants begin and end their qualified immunity argument with the proposition that the allegedly infringed constitutional right is not “clearly established.” … Ehrlich has not proffered evidence demonstrating the violation of a “clearly-established right[ ] of which an ob *62 jectively reasonable official would have known,” the defendants are entitled to qualified immunity, and

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.

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.

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."

Rodriguez v. Nazario

719 F. Supp. 52 · District Court, D. Puerto Rico · Jul 31, 1989

relief; 4 that defendants have failed to establish that they perform discretionary functions which is a requisite for qualified immunity; and that defendants’ actions were violative of clearly established law and therefore … and has not been clearly established on this matter.

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.

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

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.

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

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