Case law

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.

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.”

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.

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.

Alberts v. Willis

District Court, W.D. Arkansas · Dec 18, 2020

Qualified Immunity “Government officials performing discretionary functions, generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established … For these reasons, qualified immunity is denied on this claim. IV.

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.

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.

Lockett v. New Orleans City

607 F.3d 992 · Court of Appeals for the Fifth Circuit · May 5, 2010

If the official’s conduct violated a clearly established constitutional right, then qualified immunity is not applicable. … Nonetheless, the district court granted the defendants qualified immunity because it found that Lockett did not satisfy the second prong, which requires that the constitutional right was clearly established.

Gudger v. District of Columbia

District Court, District of Columbia · Dec 16, 2015

ANALYSIS Qualified immunity shields “government officials performing discretionary functions . . . from liability for civil damages insofar as their conduct does not violate clearly established statutory … Gudger’s residence violated clearly established law.

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.”)

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.

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.

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.

Southern California Rapid Transit District v. Superior Court

30 Cal. App. 4th 713 · California Court of Appeal · Nov 30, 1994

They dismiss defendants’ argument that the court failed to rule on their qualified immunity defense. … However, the qualified immunity under federal law upon which the defendants rely here does not apply if their actions violated a clearly established *731 statutory or constitutional right of which a reasonable person should

Foley v. Univ of Houston Sys

355 F.3d 333 · Court of Appeals for the Fifth Circuit · Dec 18, 2003

Public officials are entitled to qualified immunity when “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … However, the test for qualified immunity is whether the Appellees have asserted the deprivation of a statutory right under clearly established law.

(PC) Bobadilla v. Knight

District Court, E.D. California · Jul 20, 2020

established law and is entitled to qualified immunity. 3 C. … has established a violation of his First Amendment rights, 20 defendant is entitled to qualified immunity because plaintiff’s alleged free speech rights were not 21 clearly established at the time of the May 21, 2017

Searles v. City of Houston

Court of Appeals for the Fifth Circuit · Jul 9, 2026

However, bound by our qualified immunity precedent, we affirm the district court on the basis that there is no clearly established law. I. … In particular, plaintiffs “must rebut the [qualified immunity] defense by establishing a genuine fact issue as to whether the official’s allegedly wrongful conduct violated clearly established law.”

Hoffer v. Ancel

176 Vt. 630 · Supreme Court of Vermont · Apr 28, 2004

Applying the doctrine of qualified immunity, the trial court granted defendants summary judgment. … Finally, plaintiff argues that qualified immunity does not apply to plaintiffs declaratory judgment claim. See Allen v.