Case law

Paul Thompson, Jr. v. Commonwealth of Virginia

878 F.3d 89 · Court of Appeals for the Fourth Circuit · Dec 18, 2017

Thompson’s Eighth Amendment claim on qualified immunity grounds. … Under the second prong of qualified immunity, even if an official has violated an inmate’s constitutional right, he is still entitled to immunity if the right was not so “clearly established” that “a reasonable official

Beatrice Luna v. Texas Department of Pub Sf

773 F.3d 712 · Court of Appeals for the Fifth Circuit · Dec 19, 2014

Discussion The doctrine of qualified immunity shields “government officials performing discretionary functions. . . from liability for civil damages insofar as their conduct does not violate clearly established statutory … Clearly Established Law Under the second prong of the qualified immunity analysis, plaintiffs must show that Mullenix’s actions violated a constitutional right that was sufficiently clearly established.

Babb v. Dorman

33 F.3d 472 · Court of Appeals for the Fifth Circuit · Sep 19, 1994

"Qualified" or "good faith" immunity shields government officials performing discretionary functions from liability "unless their conduct violates 'clearly established statutory … Moreover, his proposed second amended complaint added nothing to aid in the determination of the qualified immunity issue except for the legal conclusion that Dorman's actions violated clearly established law.

Pineda v. City of Houston

124 F. Supp. 2d 1037 · District Court, S.D. Texas · Jul 29, 1999

The Doctrine of Qualified Immunity Public officials, sued in their individual capacities under § 1983 are shielded from suit by the doctrine of qualified immunity unless their conduct violated clearly established statutory … “Qualified immunity protects a police officer from liability if a reasonable competent law enforcement officer would not have known that his actions violated clearly established law.” Harper v.

McDonald v. Bishop

District Court, D. Maryland · Mar 22, 2021

Under the Free Exercise Clause, a prisoner has a clearly established right to a diet consistent with his religious principles. Wall, 741 F.3d at 498–500. … McMillan, 502 F.2d 1326, 1331 (4th Cir. 1974) (finding that qualified immunity “has no application to a suit for declaratory or injunctive relief”); see also Cloaninger ex rel. Estate of Cloaninger v.

Pierson v. Gondles

693 F. Supp. 408 · District Court, E.D. Virginia · Aug 11, 1988

Defendants raise the defense of qualified immunity on the grounds that it was not clearly established that the personnel actions taken by the Sheriff would violate the deputies’ constitutional rights. … For the purposes of qualified immunity, it would not have been "clearly established” that the plaintiffs would be entitled to any procedural protections.

Cole Spencer v. Aaron Pew

117 F.4th 1130 · Court of Appeals for the Ninth Circuit · Sep 16, 2024

As to this force, the panel affirmed the district court’s grant of qualified immunity based solely on the second, “clearly established law” prong of the qualified immunity test. … The district court concluded that Officers Pew and Rozema were shielded by qualified immunity because no clearly established law prohibited the degree of force they used in arresting Spencer.

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.

Notariano v. Tangipahoa Parish School Board

266 F. Supp. 3d 919 · District Court, E.D. Louisiana · Jul 17, 2017

allegations are sufficient, Plaintiff has failed to plead a violation of any clearly established constitutional right. … “[I]f the pleadings on their face show an unreasonable violation of a clearly established constitutional right, the defense of qualified immunity will not sustain a motion to dismiss under Rule 12(b)(6).” 26 “[A] plaintiff

Warney v. City of Rochester

536 F. Supp. 2d 285 · District Court, W.D. New York · Feb 11, 2008

are covered by qualified immunity. … LEXIS 18002 (N.D.Ill.2002) (finding that a due process right to disclosure of post-conviction exculpatory evidence exists, but granting qualified immunity because the right was not “clearly established” in 1997), aff'd in

Charles McManemy v. Bruce Tierney

970 F.3d 1034 · Court of Appeals for the Eighth Circuit · Aug 17, 2020

In an appeal from a summary-judgment ruling on qualified immunity, we typically credit the plaintiff’s version of the facts. See id. at 378. … See Blazek, 761 F.3d at 925 (holding that jerking a non-resisting suspect from the floor to his bed after he was handcuffed and posed no threat violated clearly established law); Krout, 583 F.3d at 566 (“It was clearly established

Pittman v. Nelms

87 F.3d 116 · Court of Appeals for the Fourth Circuit · Jun 26, 1996

The immunity level consists of two sub-issues — whether the law governing the violation was clearly established at the time of the incident, Siegert v. … But it invokes immunity prematurely if the facts indicate no constitutional violation, clearly established or otherwise. . Like Pittman, Graham grounded his claim on multiple provisions of the Constitution.

Herbert Whitlock v. Charles Bruegge

682 F.3d 567 · Court of Appeals for the Seventh Circuit · May 30, 2012

Patchman, 424 U.S. 409 (1976), or in the alterna- tive, that he is entitled to qualified immunity because he did not violate any of the plaintiffs’ clearly established constitutional rights. See Harlow v. … An official is entitled to qualified immunity for conduct that “does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow, 457 U.S. at 818.

Darrin Gruenberg v. Debra Gempeler

697 F.3d 573 · Court of Appeals for the Seventh Circuit · Sep 26, 2012

To defeat a claim of qualified immunity, Gruenberg must show that the defendants violated a constitutional right and demonstrate that the right in question was clearly established at the time of the alleged violation. … Thus, when analyzing a qualified immunity defense, courts consider whether the alleged facts demonstrate a constitutional violation, and whether the constitu- tional right was clearly established. Pearson v.

Looney v. Black

702 F.3d 701 · Court of Appeals for the Second Circuit · Dec 21, 2012

To determine whether Black is entitled to qualified immunity as to Looney’s procedural due process claim, we must determine also whether the constitutionally protected property right was “clearly established.” 2 Reichle, … To defeat an assertion of qualified immunity, an employee’s constitutional right to free speech must also be “clearly established” under the law. Reichle, 132 S.Ct. at 2093 .

Gary T. Mitchell v. Bernie C. Thompson

18 F.3d 425 · Court of Appeals for the Seventh Circuit · Mar 7, 1994

Analysis The issue here presented is one which we are all too familiar — whether a public official is entitled to qualified immunity from a civil suit because the law was not clearly established at the time of his alleged … Under the prevailing precedent, unless the law is clearly established at the time of the challenged conduct, a defendant is entitled to qualified immunity.

Toby J. Sutton v. Patricia Bailey

702 F.3d 444 · Court of Appeals for the Eighth Circuit · Dec 3, 2012

Appellants are entitled to qualified immunity unless their conduct violated “clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … Qualified immunity “depends upon the objective reasonableness of [the alleged misconduct] as measured by reference to clearly established law.” Schleck, 939 F.2d at 641(quotations omitted).

Hunter v. Illinois Department of Corrections

District Court, S.D. Illinois · Sep 28, 2023

Meeks is not entitled to qualified immunity. See Pearson v. … clearly established at the time of the defendant’s misconduct).

Miles v. Rich

576 F. App'x 394 · Court of Appeals for the Fifth Circuit · Jul 31, 2014

Under the doctrine of qualified immunity, government officials acting within their discretionary authority are immune from civil liability for damages if their conduct does not violate clearly established constitutional rights … The test for qualified immunity is twofold: (1) “whether the plaintiff has alleged a violation of a clearly established constitutional right;” and (2) “whether the defendant’s conduct was objectively unreasonable in light

Stamm v. Cnty. of Cheyenne

326 F. Supp. 3d 832 · District Court, D. Nebraska · Jun 11, 2018

12 because there was no clearly established law to alert the officers that their allegedly unlawful searches would deprive Plaintiffs of their Fourth Amendment rights. 13 "To avoid qualified immunity, the asserted rights … For purposes of analyzing the individual Defendants' qualified immunity defense, the court finds this right to confidentiality was clearly established at the time of their alleged misconduct.