Case law

Frederick Jackson v. City of Madison

Court of Appeals for the Seventh Circuit · May 28, 2026

We reiterate that to defeat qualified immunity, a plaintiff must point us to law that is established clearly enough “that every reasonable official would interpret it to establish the particular rule the plaintiff seeks to … Officers are entitled to qualified immunity unless “(1) they violated a federal stat- utory or constitutional right, and (2) the unlawfulness of their conduct was ‘clearly established at the time.’”

Brad Livingston, Robert Treon, Martha Wear and Paul Morales v. Atiba Ramone Taylor, Tdcj 1082601

Texas Court of Appeals, 13th District · Aug 6, 2009

QUALIFIED IMMUNITY5 Qualified immunity shields a government official “performing discretionary functions from liability for civil damages under section 1983, provided the official’s conduct does not violate clearly … evidence which establishes that the official’s conduct violated the clearly established law.

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.

William LaPlante v. City of Battle Creek, Mich.

30 F.4th 572 · Court of Appeals for the Sixth Circuit · Apr 8, 2022

Analysis In reviewing an order denying qualified immunity, the Court considers (1) whether an “official’s conduct . . . violate[d] a constitutional right,” and, if so, (2) whether “that right was . . . clearly established … Clearly Established “Public officials are entitled to qualified immunity from suits for civil damages if either the official’s conduct did not violate a constitutional right or if that right was not clearly established

Fauser v. Memphis Housing Authority

780 F. Supp. 1168 · District Court, W.D. Tennessee · Sep 17, 1991

Once the issue of qualified immunity is raised, plaintiff must identify the clearly established law and present facts which, if true, demonstrate that the defendants’ conduct violated clearly established law. … on the basis of defendant’s qualified immunity is whether the defendant “violated” those clearly established rights.

Mascorro v. Billings

656 F.3d 1198 · Court of Appeals for the Tenth Circuit · Aug 31, 2011

An appeal is proper if the defendant sets off to show that the law was not clearly established at the time of the challenged action, or that qualified immunity is proper even under the plaintiff's version … To defeat the officers’ claim of qualified immunity, the Mascorros must show (1) the officers violated their constitutional or statutory rights, and (2) the violated rights were clearly established at the time of the events

Ciarametaro v. City of Gloucester

87 F.4th 83 · Court of Appeals for the First Circuit · Nov 28, 2023

The district court held that the City Officials were therefore entitled to qualified immunity. … was "clearly established" at the time of the challenged conduct.

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.

Harris v. City of Balch Springs

33 F. Supp. 3d 730 · District Court, N.D. Texas · May 21, 2014

Government officials who perform discretionary functions are entitled to the defense of qualified immunity, which shields them from suit as well as liability for civil damages, if their conduct does not violate “clearly established … The court, however, will not set the action for trial until the issue of qualified immunity is resolved on appeal.

McBride v. Village of Michiana

100 F.3d 457 · Court of Appeals for the Sixth Circuit · Nov 14, 1996

After remand, the defendants then filed a motion for summary judgment, this time seeking dismissal of McBride’s claims on the basis of qualified immunity because of their belief that “there was no clearly established law … S. -, 115 S.Ct. 1400 , 131 L.Ed.2d 288 (1995), this court then stated that the “right of free speech was ‘clearly established’ for qualified immunity purposes.

Walter v. Morton

33 F.3d 1240 · Court of Appeals for the Tenth Circuit · Aug 30, 1994

Jurisdiction 5 We have jurisdiction to hear Chief Morton's and Mayor Vickers' appeals as they are appealing a denial of qualified immunity. Qualified immunity is immunity from liability but also immunity from suit. … The "plaintiff must do more than identify in the abstract a clearly established right and allege that the defendant has violated it."

Zion v. Nassan

283 F.R.D. 247 · District Court, W.D. Pennsylvania · Jun 27, 2012

Nassan’s answer included “additional qualified immunity allegations.” (ECF No. 98 14-22, ¶¶ 1-47.) On November 23, 2010, the plaintiffs moved to strike the “additional qualified immunity allegations.” (ECF No. 103.) … The plaintiffs’ allegations, which are assumed to be true at this stage, establish that Nassan violated Haniotakis’ clearly-established right to be free from deadly “seizures.”

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

Young v. Akal

985 F. Supp. 2d 785 · District Court, W.D. Louisiana · Dec 2, 2013

The court’s first inquiry in the examination of a defendant’s claim of qualified immunity is whether the plaintiff has “alleg[ed] the violation of a clearly established constitutional right.” King v. … Qualified immunity cloaks a police officer from liability if a reasonably competent law enforcement agent would not have known that his actions violated clearly established law. Jackson v.

Gionis v. Headwest, Inc.

799 So. 2d 416 · District Court of Appeal of Florida · Nov 16, 2001

Gionis subsequently filed a motion for summary judgment as to Count VIII, on the basis that he was immune from suit under the doctrine of qualified immunity. … Once it is established that the acts in question were discretionary governmental functions, the second element requires the plaintiff to demonstrate that the government official violated the plaintiffs clearly established

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).

Club Retro, L.L.C. v. Hilton

568 F.3d 181 · Court of Appeals for the Fifth Circuit · May 6, 2009

“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 … Id. 4 “To be ‘clearly established’ for purposes of qualified immunity, ‘[t]he contours of the right must be sufficiently clear that a reasonable official would understand that what he is doing violates that right.’ ” Kinney

Leach v. New Mexico Junior College

132 N.M. 106 · New Mexico Court of Appeals · Feb 19, 2002

Second, we determine whether the constitutional right at issue was clearly established at the time of the alleged conduct. … Defendants have therefore failed to establish their entitlement to qualified immunity.

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

Doe Ex Rel. Doe v. Rains Independent School District

865 F. Supp. 375 · District Court, E.D. Texas · Sep 30, 1994

Under the shield of qualified immunity, White cannot be held liable unless Doe’s constitutional rights and White’s duty with respect to those rights were clearly established when the events giving rise to the instant action … Unless White’s duty under this test was clearly established at the time of the events giving rise to this lawsuit, White is entitled to the shield of qualified immunity. See Spann v.