Case law

Nunez Gonzalez v. Vazquez Garced

389 F. Supp. 2d 214 · District Court, D. Puerto Rico · Sep 8, 2005

Qualified Immunity Defendants further argue that the doctrine of qualified immunity bars all monetary claims against them. … The general rule regarding qualified immunity is that government officials are immune from suit when their conduct does not violate clearly established statutory authority or constitutional rights, which a reasonable person

Pitt v. District of Columbia

558 F. Supp. 2d 11 · District Court, District of Columbia · Jun 2, 2008

In engaging in a qualified immunity analysis, the Court “must determine whether a constitutional right has been violated before moving to the analysis of whether a right was ‘clearly established’ at the time of the defendant … Accordingly, Detective Bovino is entitled to qualified immunity on this claim.

Lewis v. Delgado

Court of Appeals for the Fifth Circuit · Jan 7, 2026

The district court refused to grant qualified immunity to the officers at the summary-judgment stage. Because the officers did not violate any clearly established law by handcuffing Lewis, we REVERSE. … With or without notice, the Officers’ conduct does not amount to a violation of clearly established law. 3 The district court should have granted qualified immunity to the Officers.

Craig Brown v. georgiacarry.org, Inc.

331 Ga. App. 890 · Court of Appeals of Georgia · Apr 10, 2015

And in the context of a § 1983 claim, qualified immunity offers complete protection for government officials sued in their individual capacities if their conduct does not violate clearly established statutory … That appeal was from the denial of a motion to suppress in a criminal prosecution, not a claim of qualified immunity in a § 1983 action.

Elvan Moore v. Kevin Pederson

806 F.3d 1036 · Court of Appeals for the Eleventh Circuit · Oct 15, 2015

But because the law on these points was not clearly established in this Circuit before our decision today, we affirm the district court’s entry of summary judgment *1040 on qualified-immunity grounds to Peder-son. … In pursuit of that aim, qualified immunity protects government officials engaged in discretionary functions and sued in their individual capacities unless they violate “clearly established federal statutory or constitutional

Lewis v. Guerrero

978 S.W.2d 689 · Texas Court of Appeals, 13th District · Nov 5, 1998

Qualified immunity may thus be properly invoked to protect “government officials performing discretionary functions to the extent their conduct does not violate clearly established statutory or constitutional rights of which … Nevertheless, we stated he did not prove his defense of qualified immunity because he did not establish the “good faith element.” 6 Guerrero, 946 S.W.2d at 573 .

Gold v. City of Miami

121 F.3d 1442 · Court of Appeals for the Eleventh Circuit · Sep 17, 1997

Discussion Qualified immunity shields government officials performing discretionary functions from civil litigation and damage liability where "their conduct does not violate clearly established statutory or constitutional … At the time, no cases clearly established that those actions did not constitute legally proscribed disorderly conduct.

Kosta v. Connolly

709 F. Supp. 592 · District Court, E.D. Pennsylvania · Mar 15, 1989

Qualified Immunity Defendants argue that they are entitled to qualified immunity for their actions taken against plaintiffs. In Harlow v. … Gable, 823 F.2d 723, 733 (3d Cir.1987) (defendants not entitled to qualified immunity where law clearly established that a public employee could not be demoted in retaliation for exercising his First Amendment rights).

Ethan James Charles v. Jeff Johnson

18 F.4th 686 · Court of Appeals for the Eleventh Circuit · Nov 16, 2021

To lose qualified immunity, the circumstances must show that the force was clearly excessive. See Post v. … Once we determined that the use of force was ex- cessive, the next question in the qualified immunity analysis asks whether the officer violated clearly established law.

Harris v. Dugger

757 F. Supp. 1359 · District Court, S.D. Florida · Jan 2, 1991

Qualified Immunity The Court next must consider the magistrate’s recommendation on the defendants’ claim of qualified immunity. … A determination of whether an official violated clearly established law itself requires the Court to make two inquiries. First, the Court must ascertain the law that was “clearly established.”

Braun v. Maynard

652 F.3d 557 · Court of Appeals for the Fourth Circuit · Jul 21, 2011

Previous cases need not be on all fours with the current one to clearly establish the law for qualified immunity purposes. See Amaechi v. West, 237 F.3d 356, 362-63 (4th Cir. 2001). … In the qualified immunity context, these factors counsel against hastily concluding that the law clearly forbade the officers’ conduct.

Drake v. Scott

812 F.2d 395 · Court of Appeals for the Eighth Circuit · Feb 20, 1987

defendant state officials had violated clearly established rights to free speech. … In addition, in the present case the question of qualified immunity itself depends in large part on whether defendants knew or should have known that Drake had a clearly established property interest in the job at the time

Keylon v. City of Albuquerque

535 F.3d 1210 · Court of Appeals for the Tenth Circuit · Aug 5, 2008

Fitzgerald, 457 U.S. 800 (1982)], the Court reconsidered the standard it previously had established for the affirmative defense of qualified or ‘good faith’ immunity.” Lutz v. Weld County Sch. … The clearly established test is whether the officer acted objectively reasonably. Harlow, 457 U.S. at 818-19.

Robert Shumate v. City of Adrian, Mich.

44 F.4th 427 · Court of Appeals for the Sixth Circuit · Aug 10, 2022

On appeal, Officer Powers asserts that he is entitled to qualified immunity because the force was not unconstitutionally excessive or, alternatively, that the law violated was not clearly established. … Powers’ use of force amounted to a violation of Shumate’s clearly established rights—the second prong of the qualified immunity analysis.

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.”

Darrin Gruenberg v. Debra Gempeler

697 F.3d 573 · Court of Appeals for the Seventh Circuit · Sep 26, 2012

To defeat a claim of qualified immunity, Gruenberg must show that the defendants violated a constitutional right and demonstrate that the right in question was clearly established at the time of the alleged violation. … Thus, when analyzing a qualified immunity defense, courts consider whether the alleged facts demonstrate a constitutional violation, and whether the constitu- tional right was clearly established. Pearson v.

Valdez v. Roybal

186 F. Supp. 3d 1197 · District Court, D. New Mexico · May 12, 2016

Clearly Established Rights in the Qualified Immunity Analysis. … The Law Was Not Clearly Established and Roybal and Placencio are Entitled to Qualified Immunity.

Estate of Lee Ex Rel. Lee v. Spokane

2 P.3d 979 · Court of Appeals of Washington · Jun 15, 2000

Police officers have qualified immunity from liability for civil damages for conduct that "does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.'" Id. … Entitlement to qualified immunity may be established, and was established here, as a matter of law. Robinson v. City of Seattle, 119 Wash.2d 34, 65 , 830 P.2d 318 (1992). By the plaintiffs' own account, Mr.

Donna L. Todd v. United States of America and R.S. Wintrode, Jr., District Director, Internal Revenue Service

849 F.2d 365 · Court of Appeals for the Ninth Circuit · Jun 10, 1988

Accordingly, we confine this analysis to the qualified immunity issue. Ill Defendants’ assertion of qualified immunity presents a question of law. Mitchell v. … In such a case the defendant will be immune from suit. On the other hand, if a defendant has violated clearly established law, he will generally be liable.

Beatrice Luna v. Texas Department of Pub Sf

773 F.3d 712 · Court of Appeals for the Fifth Circuit · Dec 19, 2014

Discussion The doctrine of qualified immunity shields “government officials performing discretionary functions. . . from liability for civil damages insofar as their conduct does not violate clearly established statutory … Clearly Established Law Under the second prong of the qualified immunity analysis, plaintiffs must show that Mullenix’s actions violated a constitutional right that was sufficiently clearly established.