Case law

Shehee v. Luttrell

199 F.3d 295 · Court of Appeals for the Sixth Circuit · Oct 1, 1999

immunity, finding that the law regarding Shehee’s First Amendment and Fifth Amendment claims was clearly established. … of clearly established law.”

Durrant v. BD. OF EDUC. OF CITY OF HARTFORD

284 Conn. 91 · Supreme Court of Connecticut · Oct 2, 2007

pursuant to section 10-16n [which allows the establishment of grant programs to assist local boards of education establishing extended day Head Start programs]”). … “[A] municipal employee . . . has a qualified immunity in the performance of a governmental duty, but he may be liable if he misperforms a ministerial act ... .

Moyler v. Fannin

District Court, W.D. Virginia · Mar 16, 2023

Qualified immunity “protects government officials from liability for civil damages, provided that their conduct does not violate clearly established statutory or constitutional rights within the knowledge of a … Fulford, 987 F.3d 299, 311 (4th Cir. 2021) (“The burden of establishing a qualified immunity defense rests on the official asserting the defense.”).

Moran v. Washington

147 F.3d 839 · Court of Appeals for the Ninth Circuit · Jun 2, 1998

established” to defeat Senn’s assertion of qualified immunity. … established to defeat qualified immunity. .

Smith v. City of Madison

364 F. Supp. 3d 656 · District Court, S.D. Mississippi · Oct 23, 2018

The Mayor is Entitled to 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 … Accordingly, a government official is entitled to qualified immunity unless (1) the plaintiff's evidence is sufficient to show a violation of a constitutional right, and (2) the right at issue was "clearly established" at

Brazos Transit District v. Lozano

72 S.W.3d 442 · Texas Court of Appeals, 9th District (Beaumont) · Mar 28, 2002

if the employee is protected by qualified immunity, then so is the governmental entity; and “[t]o that extent, a claim of sovereign immunity may be ‘based on’ an individual’s assertion of qualified immunity and therefore … This cannot fairly be characterized as an assertion of qualified. immunity. Brazos’ attempt to appeal fails under section (5).

Hoglan v. Robinson

District Court, W.D. Virginia · Sep 30, 2022

Thus, they are also entitled to qualified immunity. … Thus, government officials “are entitled to qualified immunity under § 1983 unless (1) they violated a federal statutory or constitutional right, and (2) the unlawfulness of their conduct was ‘clearly established at the

Flick v. Larue

608 F. Supp. 1281 · District Court, E.D. Michigan · May 20, 1985

established statutory or constitutional rights of which a reasonable person would be aware, that official can defeat a constitutional tort claim by interposing the qualified immunity defense. … unless the constitutional right he was alleged to have violated was ‘clearly established’ at the time of the violation.”

Howze v. Virginia Polytechnic

901 F. Supp. 1091 · District Court, W.D. Virginia · Jul 12, 1995

Government officials exercising discretionary functions are entitled to qualified immunity if the officer’s conduct “does not violate clearly established statutory or constitutional rights of which a reasonable person would … For qualified immunity purposes, however, the record is sufficient to hold that, even if the speech is ultimately decided to be protected, that right was not clearly established in 1992 and 1993.

Farmer, Dee v. Moritsugu, Kenneth

163 F.3d 610 · Court of Appeals for the D.C. Circuit · Dec 18, 1998

Analysis A.Qualified Immunity Principles It is well-established that qualified immunity shields gov- ernment officials from liability for civil damages "insofar as their conduct does not violate clearly established … Moritsugu is protected by qualified immunity unless Farm- er's allegations could sustain a finding that his conduct violat- ed clearly established law. See Harlow, 457 U.S. at 818.

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.

Blake v. Wright

179 F.3d 1002 · Court of Appeals for the Sixth Circuit · Jun 15, 1999

Alternatively, the majority opinion may imply that the district court in Mitchell could not reach the qualified immunity question because the law with respect to Title III was clearly established, not because qualified immunity … We fail to see the logic of providing a defense of qualified immunity to protect public officials from personal liability when they violate constitutional rights that are not clearly established and deny them qualified immunity

D'AGUANNO v. Gallagher

827 F. Supp. 1558 · District Court, M.D. Florida · Aug 9, 1993

Qualified Immunity Government officials performing discretionary functions are entitled to qualified immunity from civil damages if their conduct does not violate clearly established statutory or constitutional rights of … Thus, defendants are entitled to qualified immunity from suit on Count III because they did not violate clearly established law. 4. The Right to Equal Protection Under the Law.

Sullivan v. United States Postal Service

944 F. Supp. 191 · District Court, W.D. New York · Nov 5, 1996

Qualified Immunity Defense It is clear that summary judgment must be granted as to Brown on the basis of qualified immunity. … Even when such rights are clearly established, qualified immunity also protects a government official if it is objectively reasonable for [the official] to believe that his acts did not violate those rights.” Russell v.

Avery v. Davis

700 F. App'x 949 · Court of Appeals for the Eleventh Circuit · Jul 6, 2017

“Qualified immunity offers complete protection for government officials sued in their individual capacities if their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … But “broad general proposition[s]” like that one are not enough to clearly establish the law; instead, the “question is whether the violative nature of particular *953 conduct [was] clearly established.” Mullenix v.

Morinville v. Old Colony Cooperative Bank

579 F. Supp. 1498 · District Court, D. Rhode Island · Feb 10, 1984

conduct not previously identified as unlawful____ If the law was clearly established, the immunity defense ordinarily should fail, since a reasonably competent public official should know the law governing his conduct. … the rule could be deemed to not have been clearly established.

Archer v. Chisholm

191 F. Supp. 3d 932 · District Court, E.D. Wisconsin · May 26, 2016

She is entitled to qualified immunity unless (1) the plaintiff plausibly pleads that she violated a constitutional right, and (2) the constitutional right was clearly established at the time of the alleged violation. … Qualified immunity—validity of warrant Turning to qualified immunity, again, to overcome qualified immunity the plaintiff must plausibly allege that the defendants violated a constitutional right, and that the right was clearly

Jackson v. Texas Southern University

997 F. Supp. 2d 613 · District Court, S.D. Texas · Feb 3, 2014

“The ‘clearly established’ standard does not mean that official’s conduct is protected by qualified immunity unless ‘the very action in question has previously been held unlawful.’ ” Kinney v. … The officer is “entitled to qualified immunity if his or her conduct was objectively reasonable in light of the legal rules that were clearly established at the time of his or her actions,” even if the conduct violated the

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.

Chiu v. Plano Independent School District

339 F.3d 273 · Court of Appeals for the Fifth Circuit · Jul 16, 2003

However, the qualified immunity doctrine only protects officials “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … Objective Reasonableness Although Davis and Criswell violated Kirke and Johnson’s clearly established rights, they are nonetheless entitled to qualified immunity if they can show that their actions were objectively