Case law

Uche Mordi v. Todd Zeigler

770 F.3d 1161 · Court of Appeals for the Seventh Circuit · Oct 29, 2014

doctrine of qualified immunity protects government officials from liability for civil damages insofar as their conduct does not vio- late clearly established statutory or constitu- tional rights … There is no clearly established law that the three Offic- ers before us violated, and thus they are entitled to qualified immunity from suit.

Nat'l Rifle Ass'n of Am. v. Vullo

Court of Appeals for the Second Circuit · Jul 17, 2025

Vullo argues that she is entitled to qualified immunity, but the NRA maintains that she violated clearly established law prohibiting coercion or retaliation violative of the First Amendment. … But under the qualified immunity analysis, general pronouncements of law are not sufficient to "clearly establish" a right.

Falyn Bruce v. Derek Guernsey

777 F.3d 872 · Court of Appeals for the Seventh Circuit · Jan 26, 2015

Qualified immunity is available when a defendant’s conduct “does not violate clearly established statutory or constitu- No. 14-1352 13  tional rights of which a reasonable … Thus, even when an officer lacks probable cause, he is still entitled to qualified immunity when a reasonable officer “could have reasonably believed that probable cause existed in light of well- established law.” Id.

Staats v. Brown

991 P.2d 615 · Washington Supreme Court · Jan 24, 2000

ANALYSIS Standard of Review Claims of qualified immunity from suit under § 1983 must fail if the constitutional right allegedly violated was clearly established at the time of the act. Harlow v. … Consequently, he is qualifiedly immune for claims under state law. The test for qualified immunity under federal law is an objective one, measured by reference to clearly established law. See Harlow v.

Benckini v. Hawk

654 F. Supp. 2d 310 · District Court, E.D. Pennsylvania · Sep 14, 2009

Under the defense of qualified immunity, “[gjovernment officials performing discretionary functions are ‘shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or … “A court presented with a claim of qualified immunity must examine both the law that was clearly established at the time of the alleged violation and the facts available to the officer at that time, and must then determine

City Union Mission, Inc. v. Mike Sharp

36 F.4th 810 · Court of Appeals for the Eighth Circuit · Jun 10, 2022

The district court granted summary judgment, resolving its qualified immunity analysis on the clearly established prong and finding that Sheriff Sharp was entitled to qualified immunity. See R. Doc. 135, at 5. … established at the time of the infraction, the defendant-officer is entitled to qualified immunity.

Robin Thompson v. James"Clint" Murray

800 F.3d 979 · Court of Appeals for the Eighth Circuit · Sep 2, 2015

clearly established. … -6-  Murray is entitled to qualified immunity unless the above-described facts demonstrate that he violated a clearly established constitutional or statutory right of

Johnson v. Newburgh Enlarged School District

239 F.3d 246 · Court of Appeals for the Second Circuit · Jan 31, 2001

To be sure, the Supreme Court has counseled that for qualified immunity to be inoperative, the right in question cannot be too abstract but rather must be "'clearly established' in a more particularized, and hence a more … " qualified immunity issue.

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.”

Roberts v. City of Forest Acres

902 F. Supp. 662 · District Court, D. South Carolina · Aug 21, 1995

not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … The touchstone of qualified immunity is the “ ‘objective legal reasonableness’ of the [officer’s] action assessed in light of the legal rules that were ‘clearly established’ at the time it was taken.”

Belcher v. City of Foley

30 F.3d 1390 · Court of Appeals for the Eleventh Circuit · Sep 2, 1994

Thus, to overcome the defendants’ qualified immunity, Mrs. … Belcher’s death no decision had clearly established that Chief Anderson’s actions or inactions constituted deliberate indifference, he is entitled to qualified immunity. 2.

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.

Whitney v. City of Milan

677 F.3d 292 · Court of Appeals for the Sixth Circuit · Apr 24, 2012

Crider appeals the district court’s order which denied his motion for summary judgment on the basis that he violated a clearly established constitutional right, and as such, is not entitled to qualified immunity. … Qualified Immunity on a Prior-Restraint Claim Government officials are immune from civil liability under 42 U.S.C. § 1983 when performing discretionary duties, provided “their conduct does not violate clearly established

Johnson v. Waters

317 F. Supp. 2d 726 · District Court, E.D. Texas · May 11, 2004

be clearly established at the time of the alleged violation. … If the law did not put the officer on notice that his conduct would be clearly unlawful, summary judgment based on qualified immunity is appropriate. Id.

Galvin v. Lloyd

663 F. Supp. 1572 · District Court, D. Connecticut · Jul 13, 1987

The relevant language from Mitchell reads: "Unless the plaintiffs allegations state a claim of violation of clearly established law, the defendant pleading qualified immunity is entitled to dismissal before the commencement … To some extent, the parties have already addressed the substance of the “clearly established” standard in their immunity briefs: the litigants may rely on those briefs if the defendants’ qualified immunity challenge arises

Horne v. Coughlin

178 F.3d 603 · Court of Appeals for the Second Circuit · May 21, 1999

immunity because the right was not clearly established at the time of the alleged violation. … the right was not yet clearly established.

Keck v. Eminisor

37 Fla. L. Weekly Supp. 697 · Supreme Court of Florida · Nov 15, 2012

on the issue of qualified immunity.” … We analyzed “the nature of the rights involved,” concluding that immunity from suit involved in qualified immunity required that interlocutory review be available to an individual whose claim of qualified immunity was denied

Huron Valley Hospital, Inc. v. City of Pontiac

792 F.2d 563 · Court of Appeals for the Sixth Circuit · May 30, 1986

This is not a simple conclusion that the law is clearly established as is necessary with qualified immunity. … Fitzgerald, 457 U.S. 800 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982), test for applying qualified immunity requires a finding that the official conduct “does not violate clearly established statutory or constitutional rights

Gant v. United States Probation Office

994 F. Supp. 729 · District Court, S.D. West Virginia · Feb 13, 1998

In contrast to absolute immunity, qualified immunity shields a government official from liability for civil monetary damages if the official’s conduct does not violate clearly established statutory or constitutional rights … First, the court finds that Gant has failed to allege the violation of a clearly" established right.

Coleman v. Sopher

201 W. Va. 588 · West Virginia Supreme Court · Dec 18, 1997

for determining qualified immunity in syllabus point 3 of Clark v. … [the West Virginia Governmental Tort Claims and Insurance Reform Act], 7 is entitled to qualified immunity from personal liability for official acts if the involved conduct did not violate *596 clearly established laws of