Case law

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.

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.”

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.

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.

Pisoni v. McCord

2018 Ohio 64 · Ohio Court of Appeals · Jan 9, 2018

Thereafter, the burden shifts to plaintiff to establish that the defendant’s conduct violated a right so clearly established that any officer in the defendant’s position would have clearly understood that he was under an … The question is whether Pisoni established McCord’s conduct violated a right so clearly established that any officer in McCord’s position (objectively measured) would have clearly understood he was under an affirmative

Whittier v. Kobayashi

581 F.3d 1304 · Court of Appeals for the Eleventh Circuit · Aug 31, 2009

DISCUSSION “Qualified immunity protects government officials performing discretionary functions from suits in their individual capacities unless their conduct violates ‘clearly established statutory or constitutional … “To overcome qualified immunity, the plaintiff must satisfy a two prong test; he must show that: (1) the defendant violated a constitutional right, and (2) this right was clearly established at the time of the alleged violation

Edmiston v. Borrego

75 F.4th 551 · Court of Appeals for the Fifth Circuit · Aug 1, 2023

“Qualified immunity protects officers from suit unless their conduct violates a clearly established [statutory or] constitutional right.” Converse v. … Regarding the second prong of the qualified-immunity analysis, for a right to be “clearly established” it must be “sufficiently clear that every reasonable official would have understood that what he is doing violates

Hanrahan v. Doling

331 F.3d 93 · Court of Appeals for the Second Circuit · May 30, 2003

In evaluating whether a right is clearly established for purposes of the second prong of the qualified immunity inquiry, the court looks to both “the clarity of the law establishing the right allegedly violated” as well as … We note that the extent to which district court decisions may be taken into account in evaluating whether a right is clearly established for qualified immunity purposes is far from clear. See Anderson v.

Barnes v. Furman

629 F. App'x 52 · Court of Appeals for the Second Circuit · Oct 22, 2015

Qualified immunity shields a government official from liability for civil damages “if his conduct did not violate plaintiffs clearly established rights or if it would have been objectively reasonable for the official to believe … Defendants do not dispute that the confiscation of Barnes’s Tsalot-Kob religious head covering was unlawful and instead argue that they are entitled to qualified immunity because there is no clearly established law permitting

Laubinger v. Department of Revenue

41 Mass. App. Ct. 598 · Massachusetts Appeals Court · Nov 14, 1996

Whether an asserted right was clearly established at a particular time so that a public official who allegedly violated the right has no qualified immunity “presents a question of law” which “must be resolved de novo on appeal … Accordingly, we hold Fay is entitled to qualified immunity.

(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

Angie Waller v. City of Fort Worth Texas, e

922 F.3d 590 · Court of Appeals for the Fifth Circuit · Apr 24, 2019

These acts, the district court explained, violated the plaintiffs’ clearly established rights to access the courts. … “clearly established” at the time of the challenged conduct.’”

Mitchell B. Tucker v. Jack Callahan Carl Glasgow Ben Brewer City of New Johnsonville (88- 5102/5179) Wilburn Springer, Officer, (88-5103/5153)

867 F.2d 909 · Court of Appeals for the Sixth Circuit · Mar 28, 1989

at least at the pleading stage, the defense of qualified immunity. … Thus, the district court concluded that Officer Springer was not entitled to qualified immunity because plaintiff had alleged facts which, if proven, would establish that defendants had violated plaintiffs “clearly established

Get Away Club, Inc. v. Vic Coleman, Jim Snyder

969 F.2d 664 · Court of Appeals for the Eighth Circuit · Jul 13, 1992

“If the law was clearly established, the [qualified] immunity defense ordinarily should fail, since a reasonably competent public official should know the law *667 governing [one's] conduct." Harlow v. … Accordingly, the troopers are entitled to qualified immunity on Get Away’s civil claim for monetary damages.

Buchanan v. Metz

132 F. Supp. 3d 922 · District Court, E.D. Michigan · Sep 14, 2015

violate clearly established rights of which a reasonable person would have known. … Qualified immunity is applicable unless the official’s conduct violated a clearly established constitutional right. Pearson v. Callahan, 555 U.S. 223, 232 , 129 S.Ct. 808 , 172 L.Ed.2d 565 (2009).

Gilmore v. Bostic

659 F. Supp. 2d 755 · District Court, S.D. West Virginia · Sep 22, 2009

in a prison’s sex offender treatment program is not clearly established. … immunity from personal liability for official acts if the involved conduct did not violate clearly established laws of which a reasonable official would have known.

MacIas v. County of Los Angeles

50 Cal. Rptr. 3d 364 · California Court of Appeal · Oct 27, 2006

violation, the right was not clearly established. … immunity because the right at issue was not clearly established).

Hubbard v. Board of Education

19 Kan. App. 2d 853 · Court of Appeals of Kansas · Jun 24, 1994

In this case, the defendants argue they were entitled to qualified immunity. … The district court correctly held the Board had not violated a clearly established law and was entitled to qualified immunity for its actions.

Troy Rokusek v. Cody Jansen

899 F.3d 544 · Court of Appeals for the Eighth Circuit · Aug 8, 2018

To overcome Trooper Jansen’s claim of qualified immunity, Rokusek must show the violation of a constitutional right that was clearly established at the time of the violation. See Gilmore v. … We now turn to the second prong of the qualified immunity test: whether the right was clearly established at the time of the violation.

Braswell v. Board of Regents of the University System of Georgia

369 F. Supp. 2d 1371 · District Court, N.D. Georgia · Apr 26, 2005

“Qualified immunity offers complete protection for government officials sued in their individual capacities if their conduct ‘does not violate clearly established statutory or con *1377 stitutional rights of which a reasonable … This, however, does not end the inquiry with respect to the Defendants’ claim of qualified immunity. The doctrine of qualified immunity originated in Harlow v.