Case law

Boyd v. District of Columbia

526 F. Supp. 2d 44 · District Court, District of Columbia · Nov 26, 2007

Qualified immunity “shield[s officials] from liability for civil damages insofar as [the official’s] conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have … Thus the right is not clearly established, and Robinson is entitled to qualified immunity from this claim. Accordingly, the court dismisses the plaintiffs’ constitutional claim.

Lesley v. Department of Social & Health Services

83 Wash. App. 263 · Court of Appeals of Washington · Aug 26, 1996

CASEWORKER AND STATE QUALIFIED IMMUNITY We next address whether Maurer is entitled to qualified immunity as a matter of law. … To receive qualified immunity under section 1983, a state official performing discretionary functions must show that the official’s conduct "[did] not violate clearly established statutory or constitutional rights of which

Bibeau v. Pacific Northwest Research Foundation Inc.

188 F.3d 1105 · Court of Appeals for the Ninth Circuit · Aug 19, 1999

answered for purposes of qualified immunity is whether the law was clearly established at the time of the alleged acts. … Without more involvement in the experiments, they did not violate any of Bibeau’s clearly established rights, and therefore are entitled to qualified immunity.

Spooner v. Phoenix

246 Ariz. 119 · Court of Appeals of Arizona · Nov 27, 2018

To the extent these actions violate clearly established law or reflect a reckless disregard of Spooner’s rights, they are afforded no protection. … But to the extent Brown’s actions reflect the legitimate exercise of professional judgment, they are discretionary and protected by qualified immunity.

Morton H. Halperin v. Henry A. Kissinger

807 F.2d 180 · Court of Appeals for the D.C. Circuit · Dec 5, 1986

The District Court granted summary judgment to . defendants on qualified immunity grounds, reasoning that the wiretap did not violate clearly established law since it had a rational nexus to national security. … We must determine whether the claims based on these requirements are subject to the qualified immunity defense. As to the warrant requirement, the answer is plain, since it was not yet clearly established.

S.W. v. Clayton County Public Schools

185 F. Supp. 3d 1366 · District Court, N.D. Georgia · May 12, 2016

Next, a plaintiff seeking to overcome a defendant’s qualified immunity privilege must show that (1) the state actor violated plaintiffs constitutional or statutory rights, and (2) those rights were clearly established at … Accordingly, Plaintiffs have failed to allege that Townsend or Jackson violated a clearly established constitutional right, meaning they are entitled to qualified immunity for the § 1983 claims. D.

Krout v. Goemmer

583 F.3d 557 · Court of Appeals for the Eighth Circuit · Oct 6, 2009

Qualified immunity shields a government official from liability when his conduct does not violate “clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … That is the ‘clearly established’ law.

Dickerson v. Mcclellan

101 F.3d 1151 · Court of Appeals for the Sixth Circuit · Dec 9, 1996

Dickerson were objectively unreasonable in light of the clearly established law regarding the knock and announce rule and its exceptions." … because they did not violate Dickerson's clearly established constitutional right to be free from excessive force.

Barr v. Abrams

641 F. Supp. 547 · District Court, S.D. New York · Aug 7, 1986

But in any event, all his actions in his official capacity are protected by the qualified (or good faith) immunity which bars a damage action against him unless his conduct “violate[d] clearly established statutory or constitutional … But in any case, my ruling on the question of immunity does not turn on the correctness of Justice Sayah’s ruling. The question is rather whether there was “clearly established” law upholding Barr’s position.

Davis v. Borough

669 F. Supp. 2d 532 · District Court, E.D. Pennsylvania · Oct 21, 2009

“A government official is entitled to qualified immunity if his ‘conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’ ” Berg v. … clearly established at the time of the alleged violation.’ ” Wilson v.

Mahoney v. City of Albany

2022 NY Slip Op 07288 · Appellate Division of the Supreme Court of the State of New York · Dec 22, 2022

In the federal context, public officials may invoke qualified immunity under 42 USC § 1983 "unless (1) they violated a federal statutory or constitutional right, and (2) the unlawfulness of their conduct was clearly established … Given this framework, we begin with Tierney's claim of qualified immunity.

Lloyd v. Birkman

127 F. Supp. 3d 725 · District Court, W.D. Texas · Sep 2, 2015

Eeds, 392 F.3d 138, 147 (5th Cir.2004) (denying qualified immunity because it was clearly established that “Reporting serious police misconduct or corruption” was protected First Amendment activity); Izen v. … qualified immunity.

William Thomas Meloy v. Kathy Bachmeier Dr. Bernard J. O'Neill

302 F.3d 845 · Court of Appeals for the Eighth Circuit · Sep 11, 2002

Thus, we proceed to the second qualified immunity question: whether the right was clearly established. Saucier, 533 U.S. at 201, 121 S.Ct. 2151 . … Because the law was not clearly established that Ba-chmeier was deliberately indifferent to Meloy’s serious medical needs, Bachmeier is entitled to qualified immunity.

Rudley v. Little Rock Police Dep't

935 F.3d 651 · Court of Appeals for the Eighth Circuit · Sep 3, 2019

The officers are entitled to qualified immunity unless (1) the evidence, viewed in the light most favorable to Rudley, establishes a violation of a constitutional or statutory right, and (2) the right was clearly established … We reversed the denial of qualified immunity, concluding that no precedent clearly established that Ernst’s takedown was unreasonable at the time of the incident.

D'AOUST v. Diamond

424 Md. 549 · Court of Appeals of Maryland · Jan 31, 2012

qualified immunity. … The test clearly conflates the doctrines of absolute judicial immunity and qualified public official immunity.

John Steven Thomas Olinger v. Dennis J. Larson City of Sioux of South Dakota Falls Terry Satterlee

134 F.3d 1362 · Court of Appeals for the Eighth Circuit · Mar 4, 1998

The district court dismissed Olinger’s entire action based upon a finding of qualified immunity for the arresting and supervising officers. Olinger timely appealed. We affirm. I. … The district court initially entered an order granting in part defendants’ motion for summary judgment based upon qualified immunity.

Wanamaker v. Westport Board of Education

899 F. Supp. 2d 193 · District Court, D. Connecticut · Sep 25, 2012

Qualified immunity “protects .government officials from liability where the officials’ conduct was not in violation of a ‘clearly established’ constitutional right.” Sudler v. … by qualified immunity.”

Moore, William v. Hartman, Michael

388 F.3d 871 · Court of Appeals for the D.C. Circuit · Nov 9, 2004

TATEL, Circuit Judge: Qualified immunity generally shields public officials from civil damages ‘‘insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … Accordingly, Moore has alleged the violation of a constitutional right, precluding summary judgment under the first element of the qualified immunity test. Was the Law Clearly Established?

Terri Vinyard v. Steve Wilson

311 F.3d 1340 · Court of Appeals for the Eleventh Circuit · Nov 14, 2002

be clearly unlawful, summary judgment based on qualified immunity is appropriate.” … the law applicable to particular circumstances clearly and to overcome qualified immunity even in the absence of case law.”)

Yitzchak Simon v. Tishaura Jones

Court of Appeals for the Eighth Circuit · Feb 13, 2026

Mayor Jones and Director Scoggin moved for summary judgment, invoking qualified and official immunity. … The court should then “determine if those facts demonstrate a constitutional violation that is clearly established.” Id. “[C]learly established law must be ‘particularized’ to the facts of the case . . . .” Boudoin v.