Case law

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.

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

Ungerer v. Moody

17 Brief Times Rptr. 160 · Colorado Court of Appeals · Jan 28, 1993

More concretely, whether a police officer is protected from suit by qualified immunity turns on an objective standard of reasonableness, assessed in light of the legal rules that were “clearly established” at the time the … Unless the plaintiff’s allegations state a claim of violating clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery. Mitchell v.

Aho v. Anthony

782 F. Supp. 2d 4 · District Court, D. Connecticut · Feb 28, 2011

Government officials performing discretionary functions are entitled to qualified immunity if their conduct does not violate clearly established statutory or constitutional rights that a reasonable person would have known … See Musso, 836 F.2d at 743-44 (stating that, in a qualified immunity inquiry, the appropriate question is whether it was “clearly established” that the defendant had an affirmative duty to prevent others from infringing on

Donald M. Johnson v. Bob Odom

910 F.2d 1273 · Court of Appeals for the Fifth Circuit · Sep 7, 1990

An appeal may be taken from a finding against qualified immunity where the issue involved is the purely legal one of “whether the legal norms allegedly violated by the defendant were clearly established at the time of the … qualified immunities was proper.

Front Royal & Warren County Industrial Park Corp. v. Town of Front Royal

708 F. Supp. 1477 · District Court, W.D. Virginia · Mar 16, 1989

litigation and, at the same time, they can be held liable for the violation of a clearly established constitutionally-protected right. … clearly established statutory or constitutional rights of which the official knows or reasonably should be aware.”

Hansen v. Lamontagne

808 F. Supp. 89 · District Court, D. New Hampshire · Nov 20, 1992

A government official exercising discretionary authority is entitled to qualified immunity in respect to § 1983 claims only if his or her conduct does not violate *92 “clearly established” statutory or constitutional rights … When a defendant moves for summary judgment on the basis of qualified immunity, it is plaintiff’s burden to demonstrate defendant’s infringement of a “clearly established” federal right.

Huerta v. Hillsborough County

720 So. 2d 276 · District Court of Appeal of Florida · Oct 23, 1998

The parties agree that a government official, such as Bean, is entitled to qualified immunity from civil suit in the performance of discretionary functions when the official's conduct does not violate any clearly established … The trial court, in applying this principle of law, opined that Huerta's constitutional rights were not clearly established at the time of his termination and ruled that Bean was entitled to qualified immunity.

Maraziti v. First Interstate Bank Of California

953 F.2d 520 · Court of Appeals for the First Circuit · Jan 3, 1992

II 5 A federal official's assertion of qualified immunity based upon the plaintiff's failure to state a "violation of clearly established law" is a question of law. Mitchell v. … established for qualified immunity purposes."

Smith v. Deering

880 F. Supp. 816 · District Court, S.D. Georgia · Dec 20, 1994

Defendants have raised the defense of qualified immunity which requires the Court to determine whether Defendants violated clearly established Constitutional law. 1. … The test for qualified immunity is “whether a reasonable officer could have believed [the arrest] to be lawful, in light of clearly established law and the information the [arresting] officers possessed.” Anderson v.

Jordan v. Fox, Rothschild, O'Brien & Frankel

787 F. Supp. 471 · District Court, E.D. Pennsylvania · Mar 27, 1992

Forsyth, 472 U.S. 511, 526 , 105 S.Ct. 2806, 2815 , 86 L.Ed.2d 411 (1985) (“Unless the plaintiffs allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal … Harlow, 457 U.S. at 818 , 102 S.Ct. at 2738 . 12 In determining whether a constitutional right is clearly established for purposes of qualified immunity, a court must determine whether the contours of the right at the time

Dwight L. McKee Allen L. Jones v. Henry Hart Wesley Rish Albert Masland James Sheehan Daniel P. Sattelle, Daniel P. Sattele

436 F.3d 165 · Court of Appeals for the Third Circuit · Jan 6, 2006

is entitled to qualified immunity. … right was clearly established at the time of Sattele’s alleged conduct.

Gabriel Coker v. Arkansas State Police

734 F.3d 838 · Court of Appeals for the Eighth Circuit · Nov 5, 2013

In a § 1983 action, qualified immunity shields a government official from liability "unless his conduct violates 'clearly established statutory or constitutional rights of which a reasonable person would have known.'" … the defendant violated a clearly established right."

ANTHONY LEO v. CAROL MICI, Commissioner of Correction, MICHAEL RODRIGUES, Superintendent of MCI-Concord, SHEILA CREATON-KELLY, Deputy Superintendent of Re-Entry of MCI- Concord, and DANNY ORTIZ, Director of the Secure Adjustment Unit at MCI-Concord

Massachusetts Superior Court · Feb 24, 2025

to interfere) with a clearly established state right through "threats, intimidation, or coercion." … See LaChance, 463 Mass. at 778 (holding defendants entitled to qualified immunity under MCRA).

Edward Shaw v. City of Selma

884 F.3d 1093 · Court of Appeals for the Eleventh Circuit · Mar 7, 2018

“Qualified immunity protects government officials performing discretionary functions from suits in their individual capacities unless their conduct violates clearly established statutory or constitutional rights of which … Instead of clearly establishing the law against Williams, binding precedent clearly establishes it in his favor. See Singletary v.

Arkansas State Medical Board v. Byers

521 S.W.3d 459 · Supreme Court of Arkansas · Jun 8, 2017

To stave off summary judgment on qualified immunity, a civil-rights plaintiff must assert a constitutional violation, demonstrate that the constitutional right is clearly established, and raise a genuine issue of fact … as to whether the official would have known that the conduct violated that clearly established right.

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.

Ermini v. Scott

249 F. Supp. 3d 1253 · District Court, M.D. Florida · Apr 6, 2017

Even if shooting plaintiff was a violation of the Fourth Amendment, Deputy Hamer is entitled to qualified immunity unless plaintiff establishes that Deputy Hamer violated a constitutional right that was “clearly established … The Fourth Amendment right was not clearly established in the specific context of this case. Therefore, even if plaintiffs Fourth Amendment right was violated, Deputy Hamer is entitled to qualified immunity. D.

Alford v. Haner

333 F.3d 972 · Court of Appeals for the Ninth Circuit · Jun 23, 2003

Defendants claimed they were entitled to qualified immunity and had probable cause for the arrest. … The first question under the two-part inquiry for determining whether the officers are entitled to qualified immunity is whether the “law governing the official’s conduct [was] clearly established.” Act-Up!/Portland v.

St. Hilaire v. City of Laconia

885 F. Supp. 349 · District Court, D. New Hampshire · Mar 31, 1995

Accordingly, an officer is entitled to claim qualified immunity in a police misconduct case even if he acted unreasonably unless the law under which the officer’s conduct is deemed unreasonable was clearly established when … Thus, neither Gutierrez nor Garner provide clearly established law applicable to the circumstances in this case.