Case law

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.

Killian v. Grizzle

District Court, N.D. Illinois · May 15, 2025

The doctrine of qualified immunity protects government officials “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … Grizzle] violated th[is] clearly established right[].” Id. Sgt.

Logan v. Sycamore Community School Board of Education

780 F. Supp. 2d 594 · District Court, S.D. Ohio · Feb 3, 2011

Qualified Immunity The doctrine of qualified immunity protects government officials “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which … cannot violate clearly established constitutional rights as conduct that would “shock the conscience” (doc. 64).

Gall v. City of Vidor, Tex.

903 F. Supp. 1062 · District Court, E.D. Texas · Oct 2, 1995

Qualified immunity allows public officials performing discretionary functions to be generally shielded from liability for civil damages as long as their conduct does not violate “clearly established rights of which a reasonable … Luce’s actions, this court finds that a clearly established exception to the general rule against warrantless searches and seizures exists and Mr. Luce is entitled to qualified immunity as a matter of law.

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.

Amity Dimock v. City of Brooklyn Center

124 F.4th 544 · Court of Appeals for the Eighth Circuit · Dec 26, 2024

The right was not “clearly established.” Rivas-Villegas, 595 U.S. at 5. The district court correctly granted qualified immunity on the officers’ warrantless entry. IV. … The right was not “clearly established.” Rivas-Villegas, 595 U.S. at 5. The district court correctly granted qualified immunity on the officers’ use of deadly force.

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

Harris v. Hayter

970 F. Supp. 500 · District Court, W.D. Virginia · Jul 18, 1997

When a defendant raises the qualified immunity defense, the court should address it at the earliest possible stage because qualified immunity is “an entitlement not to stand trial or face the other burdens of litigation.” … In determining whether a defendant is entitled to qualified immunity, the focus is upon the reasonable person and whether he would have known that he was violating a clearly established constitutional right.

Reynolds v. County of San Diego

224 F. Supp. 3d 1034 · District Court, S.D. California · Oct 3, 2016

Plaintiffs argue Defendant Bryson’s claim of qualified immunity should be defeated because she should have known that her actions violated the Plaintiffs’ clearly established rights. … In the Ninth Circuit, courts assess qualified immunity using a two-part analysis: “1) Was the law governing the official’s conduct clearly established?

Alvarez Sepulveda v. Colon Matos

247 F. Supp. 2d 76 · District Court, D. Puerto Rico · Feb 24, 2003

“[S]tate officials exercising discretionary authority are entitled to qualified immunity insofar as their conduct does not transgress clearly established constitutional or federal statutory rights of which a reasonably prudent … “[S]tate officials exercising discretionary authority are entitled to qualified immunity insofar as their conduct does not transgress clearly established constitutional or federal statutory rights of which a reasonably prudent

Buehler v. Dear

27 F.4th 969 · Court of Appeals for the Fifth Circuit · Mar 3, 2022

Since “[t]he extent of an injury is an element of an excessive force claim that must be clearly established in . . . the qualified immunity analysis,”57 we disagree with Buehler that these decisions would have put … long after Buehler’s arrest, the case plays a limited role in a qualified-immunity inquiry, which turns on whether the unlawfulness of a defendant’s conduct was clearly established at the time it occurred.

Martel v. TOWN OF SOUTH WINDSOR

562 F. Supp. 2d 353 · District Court, D. Connecticut · Jun 12, 2008

Qualified Immunity Determination Qualified immunity shields government officials whose conduct “does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … Thus, a qualified immunity defense is established where “(a) the defendant’s action did not violate clearly established law, or (b) it was objectively reasonable for the defendant to believe that his action did not violate

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.

Brown v. City of Oneonta, NY

858 F. Supp. 340 · District Court, N.D. New York · Jul 18, 1994

Wilson and Hunt claim that the court applied the qualified immunity test improperly and assert that they cannot be held liable under 42 U.S.C. § 1983 unless it was clearly established that an exception to FERPA did not apply … Yet, even if the rights in question are clearly established, a government actor may still be shielded by qualified immunity if “it was objectively reasonable for the public official to believe that his acts did not violate

Fadwa Safar v. Lisa Tingle

859 F.3d 241 · Court of Appeals for the Fourth Circuit · Jun 7, 2017

Determining whether qualified immunity applies therefore presents a two-pronged inquiry: “whether the facts ... make out a violation of a constitutional right” and “whether the right at issue was ‘clearly established’ at … Rather, the “clearly established law must be ‘particularized’ to the facts of the case” so as to avoid transforming qualified immunity into “a rule of virtually unqualified liability.” Id.

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)

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.

O'MALLEY v. City of Flint

652 F.3d 662 · Court of Appeals for the Sixth Circuit · Jul 26, 2011

Generally, summary judgment based on qualified immunity is proper if the officer was not on notice that his conduct was clearly unlawful. Higgason v. Stephens, 288 F.3d 868, 876 (6th Cir.2002). … established”).

Derrick Williams v. Michael O'leary, Clyde E. Nash, Leroy Banks

55 F.3d 320 · Court of Appeals for the Seventh Circuit · May 25, 1995

Williams challenges both the district court’s implicit finding that Brewer and Kurian were public officials entitled to raise the qualified immunity defense and its explicit conclusion that it was not clearly established … The instant case clearly falls within the class of cases in which qualified immunity may be raised by a private defendant.

Joe Carollo v. Luigi Boria

833 F.3d 1322 · Court of Appeals for the Eleventh Circuit · Aug 17, 2016

the alleged violation “clearly established” those rights (the “immunity” prong). … “So conceived, the object of the ‘clearly established’ immunity standard is not different from that of ‘fair warning,’” United States v.