Case law

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  • Pierson v. Gondles

    693 F. Supp. 408 · District Court, E.D. Virginia · Aug 11, 1988

    Defendants raise the defense of qualified immunity on the grounds that it was not clearly established that the personnel actions taken by the Sheriff would violate the deputies’ constitutional rights. … For the purposes of qualified immunity, it would not have been "clearly established” that the plaintiffs would be entitled to any procedural protections.

    Cited 12 timesPublished
  • J. D. Pflaumer, Inc. v. United States Department of Justice

    450 F. Supp. 1125 · District Court, E.D. Pennsylvania · May 18, 1978

    at most, only the qualified immunity enjoyed by police officers. … Defendant Manno, based on the allegations of this case, is entitled to only a qualified immunity defense, requiring him to establish that his alleged action in directing the seizure of the plaintiffs’ records was done in

    Cited 33 timesPublished
  • Opinion No.

    Arkansas Attorney General Reports · Dec 10, 2002

    The test for the applicability of qualified immunity turns upon the "objective legal reasonableness of the action," assessed in light of legal rules that were "clearly established" at the time the action was taken. … The immunity is "qualified" because it does not obtain where the activity is in violation of clearly established law that a reasonable person would have known. Robinson v.

    Cited 0 timesPublished
  • 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

    Cited 3 timesPublished
  • 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.

    Cited 13 timesPublished
  • 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.

    Cited 0 timesPublished
  • Brown v. Thompson

    868 F. Supp. 326 · District Court, S.D. Georgia · Oct 17, 1994

    established for purposes of qualified immunity: The clearly established law is that set forth in the discussion above. … This clearly establishes that the Magistrate did not adequately address the second prong of the qualified immunity inquiry. Brown’s deliberate indifference claim rests on three points.

    Cited 18 timesPublished
  • Hayes v. Mercer County

    217 N.J. Super. 614 · New Jersey Superior Court Appellate Division · May 21, 1987

    In our discussion of the federal qualified immunity, we stated why the investigator acted in good faith here. … Plaintiffs' remaining points are clearly without merit. R. 2:11-3(e)(1)(E). Affirmed.

    Cited 35 timesPublished
  • Mehta v. Foskey

    877 F. Supp. 2d 1367 · District Court, S.D. Georgia · Jun 29, 2012

    The defense of qualified immunity “turns on the objective legal reason *1376 ableness of the action, assessed in light of the legal rules that were clearly established at the time it was taken.” Anderson v. … immunity because they did not violate clearly established law.

    Cited 3 timesPublished
  • Mckinney v. Dekalb County

    997 F.2d 1440 · Court of Appeals for the Eleventh Circuit · Aug 17, 1993

    Baldwin County Bd. of Educ., 908 F.2d 1499 , 1509 (11th Cir.1990). 6 The issue on this appeal of a denial of summary judgment based on qualified immunity is a purely legal one: first, whether there was a clearly established … a claim of violation of clearly established law.

    Cited 21 timesPublished
  • McGee v. Snyder

    326 Ill. App. 3d 343 · Appellate Court of Illinois · Nov 7, 2001

    Qualified Immunity Finally, defendants contend that, insofar as plaintiffs seek to recover damages, their claims are barred by the doctrine of qualified immunity. … Plaintiffs have not met their burden of showing that defendants’ conduct violated any clearly established right; therefore, we hold that defendants are entitled to qualified immunity in the present case. III.

    Cited 20 timesPublished
  • Paul Thompson, Jr. v. Commonwealth of Virginia

    878 F.3d 89 · Court of Appeals for the Fourth Circuit · Dec 18, 2017

    Thompson’s Eighth Amendment claim on qualified immunity grounds. … Under the second prong of qualified immunity, even if an official has violated an inmate’s constitutional right, he is still entitled to immunity if the right was not so “clearly established” that “a reasonable official

    Cited 416 timesPublished
  • Cheyenne Johnson v. Mount Pleasant Pub. Schs.

    Court of Appeals for the Sixth Circuit · Sep 30, 2025

    So, unless Johnson has stated a legally viable claim of a violation of a clearly established right, with supporting precedent, Russell is entitled to qualified immunity. … He did not raise a “clearly established” argument at all, nor did he argue any aspect of qualified immunity based on X.M.’s facts.

    Cited 0 timesPublished
  • Egolf v. Witmer

    526 F.3d 104 · Court of Appeals for the Third Circuit · May 22, 2008

    The court granted immunity on the basis that the constitutional rights were not “clearly established” in the circumstances of this case. This appeal followed. … Qualified immunity turns on the “objective legal reasonableness of the action ... assessed in light of the legal rules that were clearly established at the time.” Anderson v.

    Cited 37 timesPublished
  • 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.

    Cited 105 timesPublished
  • Charles McManemy v. Bruce Tierney

    970 F.3d 1034 · Court of Appeals for the Eighth Circuit · Aug 17, 2020

    In an appeal from a summary-judgment ruling on qualified immunity, we typically credit the plaintiff’s version of the facts. See id. at 378. … See Blazek, 761 F.3d at 925 (holding that jerking a non-resisting suspect from the floor to his bed after he was handcuffed and posed no threat violated clearly established law); Krout, 583 F.3d at 566 (“It was clearly established

    Cited 72 timesPublished
  • Jones v. Tyson Foods, Inc.

    971 F. Supp. 2d 648 · District Court, N.D. Mississippi · Oct 3, 2013

    “Qualified immunity shields government officials from civil damages liability unless the official violated a statutory or constitutional right that was clearly established at the time of the challenged conduct.” … Thus, in evaluating a claim of qualified immunity, courts consider (1) whether the plaintiff has alleged a violation of a constitutional right, and (2) whether that right was clearly established at the time of the alleged

    Cited 7 timesPublished
  • 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.

    Cited 82 timesPublished
  • Barnes v. LAPORTE COUNTY

    621 F. Supp. 2d 642 · District Court, N.D. Indiana · Jan 7, 2008

    In determining whether an official is entitled to qualified immunity, a plaintiff must first allege the deprivation of an actual constitutional right that is clearly established. Doyle v. … Shuter may or may not be entitled to qualified immunity, but Shuter has failed to adequately establish that qualified immunity exists as a basis for dismissal. 4 Shuter’s motion to dismiss is DENIED. [Doc. No. 18.].

    Cited 3 timesPublished
  • 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.

    Cited 27 timesPublished

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