Case law

Angel v. Cruse

2014 NV 25 · Nevada Supreme Court · Apr 3, 2014

established law. . . for qualified immunity purposes." … established law, and Cruse was not entitled to qualified immunity.

Wendell Domina, Blaise Riggs, Linden Snyder, Van Harpold, and Jerry Soule v. George Van Pelt, Individually Klayton Johnson, Individually Dale Shaul, Individually and Charles Person, Individually

235 F.3d 1091 · Court of Appeals for the Eighth Circuit · Dec 26, 2000

facts show a violation of clearly established law. … IV. 17 The commissioners would nonetheless be protected by qualified immunity if in early 1998 (the time of their alleged misconduct) it was not clearly established that the speech in which Mr.

Phillips v. Hust

588 F.3d 652 · Court of Appeals for the Ninth Circuit · Dec 2, 2009

Second, assuming a constitutional violation, is Hust nevertheless entitled to qualified immunity because the relevant constitutional right was not “clearly established” at the time she acted? … Rather, we proceed directly to ask whether Hust is entitled to qualified immunity. C A state officer is not protected by qualified immunity where he or she has violated a clearly established constitutional right.

Liska v. Dart

60 F. Supp. 3d 889 · District Court, N.D. Illinois · Jul 23, 2014

“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 person … In determining whether qualified immunity applies, a court considers “(1) whether the plaintiffs allegations make out a deprivation of a constitutional right, and (2) whether the right at issue was clearly established at

Siggers v. Alex

District Court, E.D. Michigan · Sep 24, 2021

Qualified Immunity The parties dispute Alex’s entitlement to qualified immunity. … Because the right was clearly established by 1984, Alex is entitled to qualified immunity only if the facts—taken in the light most favorable to Siggers—show that Alex’s conduct did not violate Brady.

Brandon v. Lotter

976 F. Supp. 872 · District Court, D. Nebraska · Sep 2, 1997

did not violate clearly established law. … This being the case, Laux did not violate clearly established law when he failed to immediately arrest Lotter and Nissen or take some other related action, and he is entitled to qualified immunity as a result.

Gilmore v. Bostic

659 F. Supp. 2d 755 · District Court, S.D. West Virginia · Sep 22, 2009

in a prison’s sex offender treatment program is not clearly established. … immunity from personal liability for official acts if the involved conduct did not violate clearly established laws of which a reasonable official would have known.

Crosby v. Paulk

187 F.3d 1339 · Court of Appeals for the Eleventh Circuit · Sep 10, 1999

Qualified immunity protects government officials who have acted within their discretionary authority from civil trials and other litigation burdens "if their conduct violates no 'clearly established statutory or constitutional … With these guiding precepts governing entitlement to qualified immunity, we examine the circumstances under which Sheriff Paulk, Commander Winningham, Agent Griffin, and Agent Kendrick acted in view of clearly established

Bey v. Tennessee Department of Correction

District Court, E.D. Tennessee · Sep 28, 2020

“An answer of ‘yes’ to both questions defeats qualified immunity, while an answer of ‘no’ to either question results in a grant of qualified immunity.” Haley v. Elsmere Police Dep’t, 452 F. … Despite the factual similarities to Plaintiff’s case, the law was not clearly established under the First Amendment.

Sain v. Wood

512 F.3d 886 · Court of Appeals for the Seventh Circuit · Jan 9, 2008

Wood moved for summary judgment on the ground of qualified immunity. The district court denied his summary judgment motion, and Dr. Wood appeals the denial of qualified immunity. … Wood had disqualified himself from immunity by violating a clearly established constitutional right. Because the issue of Dr.

Whittier v. Kobayashi

581 F.3d 1304 · Court of Appeals for the Eleventh Circuit · Aug 31, 2009

DISCUSSION “Qualified immunity protects government officials performing discretionary functions from suits in their individual capacities unless their conduct violates ‘clearly established statutory or constitutional … “To overcome qualified immunity, the plaintiff must satisfy a two prong test; he must show that: (1) the defendant violated a constitutional right, and (2) this right was clearly established at the time of the alleged violation

Williams v. Heard

533 F. Supp. 1153 · District Court, S.D. Texas · Mar 8, 1982

With respect to the second prong, the reasonableness requirement, the court stated that qualified immunity defense is not available where the constitutional right infringed by defendants was clearly established at the time … Applying this to the facts of the case, the Fifth Circuit held that the lower court’s finding of qualified immunity was clearly erroneous because the defendant’s actions were not reasonable.

Derrick Neely-Beytarik-El v. Daniel Conley

912 F.3d 989 · Court of Appeals for the Seventh Circuit · Jan 2, 2019

Turning to the issue of qualified immunity, Mr. Neely-Bey asserted that it was clearly established that IDOC could not restrict his right to practice his religion ex- cept when required by penological interests. Mr. … Qualified immunity shields government officials from civil “liability ‘insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable per- son would have known.’”

Howard Linden v. City of Southfield, Mich.

75 F.4th 597 · Court of Appeals for the Sixth Circuit · Jul 26, 2023

And for qualified immunity purposes, any lack of clarity in Willis would only support the First Responders’ position that Linden has failed to identify a “clearly established” right. Sumpter, 868 F.3d at 480. … Unpublished cases cannot clearly establish law for purposes of qualified immunity. See Bell v. City of Southfield, 37 F.4th 362, 367 (6th Cir. 2022).

L.R. v. Philadelphia School District

836 F.3d 235 · Court of Appeals for the Third Circuit · Sep 6, 2016

, however, when public officials violate clearly established constitutional rights of which a concerns only the District Court’s denial of Littlejohn’s claim of qualified immunity. 6 Mitchell v. … “Even if none exists, it may be possible that a ‘robust consensus of cases of persuasive authority’ in the Court[s] of Appeals could clearly establish a right for purposes of qualified immunity.”60 Defining the right

Gallegos v. City & County of Denver

984 F.2d 358 · Court of Appeals for the Tenth Circuit · Jan 20, 1993

that the defendant’s alleged actions violated clearly established law. … As stated above, government officials are entitled to a grant of qualified immunity unless their conduct violates “clearly established statutory or constitutional rights of which a reasonable person would have known.”

Brownsville Public Utility Board v. Encarnacion Gamez, Federico Flores, Jesus Galvan, and Ramon Garcia

Texas Court of Appeals, 13th District · Nov 6, 2025

Applicable Law BPUB is an entity created by the City of Brownsville, and as a political subdivision of the State, is generally immune from suit unless immunity has been clearly and unambiguously waived by the legislature … The “TCHRA ‘clearly and unambiguously waives immunity’ for claims against governmental entities like [BPUB].” United Indep. Sch. Dist. v. Mayers, 665 S.W.3d 775, 781 (Tex. App.—San Antonio 2023, no pet.)

Terrence Hammock v. Gail Watts

Court of Appeals for the Fourth Circuit · Jul 23, 2025

Defendants are not entitled to qualified immunity if Hammock alleged a deprivation of a constitutional right that was clearly established at the time of Defendants’ alleged conduct. … One would be hard-pressed to find a more clearly established constitutional violation than the one before us here.

Broderick Fourte v. Faulkner County, Arkansas

746 F.3d 384 · Court of Appeals for the Eighth Circuit · Mar 25, 2014

“To determine whether [officials] are entitled to qualified immunity, we consider (1) whether the facts alleged, construed in the light most favorable to [to the plaintiff], establish a violation of a constitutional or statutory … Stewart and Nurse Lumpkin’s qualified immunity defense. See White v. McKinley, 519 F.3d 806, 815 (8th Cir. 2008).

Shechter v. Comptroller of New York

79 F.3d 265 · Court of Appeals for the Second Circuit · Mar 21, 1996

It is not enough that defendants-appellants were “government officials” to establish qualified immunity. … Accordingly, defendants-appellants’ pleading is insufficient to establish their qualified immunity defense.