Case law

Peak Alarm Co., Inc. v. Salt Lake City Corp.

654 Utah Adv. Rep. 4 · Utah Supreme Court · Apr 16, 2010

The doctrine of qualified immunity operates by insulating government employees "from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a … Howe's right to be free from unreasonable seizure was clearly established at the time of the alleged unlawful conduct.

Turner v. Scott

119 F.3d 425 · Court of Appeals for the Sixth Circuit · Jul 16, 1997

Turner, does not establish a prima facie case against Officer Scott, then Officer Scott is entitled to qualified immunity as a matter of law. … The issue on a claim of qualified immunity is not solely whether the right alleged to be violated was clearly established.

Kennedy v. City of Ridgefield

411 F.3d 1134 · Court of Appeals for the Ninth Circuit · Jun 22, 2005

If Shields’s conduct did not violate Plaintiffs clearly established constitutional rights, he is entitled to qualified immunity. We now turn to those questions. B. … This doctrine was clearly established by the time the events of this case took place. Accordingly, the trial court’s denial of Shields’s motion for summary judgment based on qualified immunity is hereby AFFIRMED.

Brad Williams v. Horace Walters

772 F.3d 1307 · Court of Appeals for the Eighth Circuit · Dec 8, 2014

or statutory right; and (2) the right was clearly established at the time of the deprivation.” … established constitutional rights, Walters is not entitled to qualified immunity.

Hill v. Taconic Developmental Disabilities Services Office

283 F. Supp. 2d 955 · District Court, S.D. New York · Sep 22, 2003

Leonard, holding that a supervisor defendant is shielded by qualified immunity unless; (1) the law violated by the defendant’s subordinate is clearly established and (2) the supervisory liability doctrine under which the … If they were, then McNeill violated clearly established law.

Palmieri v. Clark County

Court of Appeals of Nevada · Dec 31, 2015

Ct. 305, 308 (2015) ("The doctrine of qualified immunity shields officials from civil liability so long as their conduct does not violate clearly established .. … A searching officer is entitled to qualified immunity if "a reasonable officer could have believed" that the search was lawful "in light of clearly established law and the information

El Paso Independent School District v. McIntyre

457 S.W.3d 475 · Court of Appeals of Texas · Aug 6, 2014

and qualified immunity. … The test for qualified immunity requires the court to engage in a two part inquiry: (1) whether a public official’s conduct violated a constitutional or statutory right; and (2) whether the right was “clearly established

Marks v. Clarke

102 F.3d 1012 · Court of Appeals for the Ninth Circuit · Dec 19, 1996

that their conduct did not violate clearly established law. … Once again, under the clearly established law of Ybarra v.

McCullough Ex Rel. McCullough v. Antolini

559 F.3d 1201 · Court of Appeals for the Eleventh Circuit · Feb 26, 2009

The Supreme Court recently reaffirmed the long-established standard for qualified immunity in Pearson v. Callahan, 555 U.S. _, No. 07-751 (Jan. 21, 2009). … , and, second, that it was clearly established at the time of the incident that the actions of the defendant were unconstitutional.

Alison Dreith v. City of St. Louis, Missouri

55 F.4th 1145 · Court of Appeals for the Eighth Circuit · Dec 15, 2022

Qualified immunity shields government officials from suit in a § 1983 action unless their conduct violates a clearly established statutory or constitutional right of which a reasonable official would have known. … In any event, the argument does not undermine the district court’s conclusion that Dreith’s right to be free from a retaliatory use of force was clearly established at the time of the incident. D. Ct.

Hall v. Ryan

957 F.2d 402 · Court of Appeals for the Seventh Circuit · Feb 28, 1992

The defendants’ summary judgment motion argues that they were entitled to qualified immunity on the ground that the law at the time of the incident “did not clearly establish the right to have officers diagnose pre-trial … Judge Baker noted that qualified immunity shields government officials performing discretionary functions from civil liability if their actions do not violate clearly established statutory or constitutional rights of which

Hynson v. City of Chester

827 F.2d 932 · Court of Appeals for the Third Circuit · Oct 1, 1987

The test for government officials to establish the good faith necessary for qualified immunity was recently set out by the Supreme Court. … clearly established at the time of the conduct at issue.

J.P. v. County of Alameda

District Court, N.D. California · Nov 19, 2021

See Shafer, 868 F.3d at 1117 (holding that 2 qualified immunity applies if no clearly established law exists on the issue); see also White v. Pauly, 137 S. … City of Santa Maria, 915 F.3d 12 592, 603 (9th Cir. 2019) (“[O]ur qualified immunity determination with respect to Officer Brice rests 13 solely on the ‘clearly established’ law prong; we do not reach the question of whether

Johnson v. Newburgh Enlarged School District

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

In this action, the defendants assert only the first basis — that no clearly established right was violated — in arguing for qualified immunity. 2 Of course, determining whether a right is “clearly established” is not subject … ” qualified immunity issue.

Krein v. Norris

250 F.3d 1184 · Court of Appeals for the Eighth Circuit · May 22, 2001

Therefore, in light of this dispute, the Court is unable to determine, at this juncture that defendants' conduct did not violate plaintiff's clearly-established right to remain free from harm. 6 Krein v. … violated established law. 16 Arnott v.

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.

Ronald Mitchell v. Justin Schlabach

864 F.3d 416 · Court of Appeals for the Sixth Circuit · Aug 3, 2017

Second, was the right, clearly established at the time of the violation?” Id. Government officials are protected by the doctrine of qualified immunity unless the answer to both questions is yes. See id. *421 A. … at the time he acted. 3 We hold that they were not, The Supreme Court very recently reminded the lower courts that an officer’s actions are against “clearly established” law for purposes of qualified immunity only when “

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

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.