Case law

Holland Ex Rel. Overdorff v. Harrington

268 F.3d 1179 · Court of Appeals for the Tenth Circuit · Oct 19, 2001

entitled to qualified immunity. … "An order denying summary judgment based on qualified immunity necessarily involves a legal determination that certain alleged actions violate clearly established law.”

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.

Ecclesiastical Order of the Ism of Am, Inc. v. Chasin

845 F.2d 113 · Court of Appeals for the Sixth Circuit · Apr 18, 1988

clearly established law and the information the official possessed. 483 U.S. at -, 107 S.Ct. at 3040 , 97 L.Ed.2d at 532 . … Applying this standard of qualified immunity, the district court correctly found that none of the actions taken by the defendants violated any of the plaintiffs’ clearly established constitutional or statutory rights.

Defore v. Premore

863 F. Supp. 91 · District Court, N.D. New York · Oct 6, 1994

Government officials pérforming discretionary functions are entitled to qualified immunity provided their “conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would … Accordingly, defendants argue that they did not violate plaintiffs’ “clearly established” rights and thus are entitled to qualified immunity.

Brawley v. Washington

712 F. Supp. 2d 1208 · District Court, W.D. Washington · May 3, 2010

entitled to qualified immunity. … Plaintiff has shown evidence, if believed, that would demonstrate a violation of her clearly established rights, barring the qualified immunity defense. III.

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

Jean v. Collins

155 F.3d 701 · Court of Appeals for the Fourth Circuit · Sep 17, 1998

The approach we adopt will place parameters upon the immunity inquiry—if immunity is to stem litigation, as the Supreme Court intended, the issue of whether a right is clearly established should not send public officials … It would also violate the cardinal principle of qualified immunity — that officials may not later be subject to monetary liability when their behavior at the time did not violate any clearly established constitutional right

Lytle v. Wondrash

182 F.3d 1083 · Court of Appeals for the Ninth Circuit · Jul 7, 1999

Thus, the constitutional right Lytle asserts in the present case was not clearly established at the time the Appellants allegedly retaliated against her, and as a result they are entitled to qualified immunity. … established’ to preclude qualified immunity under Harlow and its progeny.”

Blackmon v. Sutton

734 F.3d 1237 · Court of Appeals for the Tenth Circuit · Nov 8, 2013

True, qualified immunity is strong stuff: the defense shields public officials from suit as long as their conduct didn’t infringe any legal rights clearly established at the time. See Camretta v. Greene, 131 S. … Conduct that violates the clearly established rights of convicts necessarily violates the clearly established rights of pretrial detainees.

Jensen v. Conrad

570 F. Supp. 91 · District Court, D. South Carolina · Jul 18, 1983

established at the time an action occurred’ and that, if the court determined that it was not ‘clearly established’ at that time, a grant of summary judgment, based on the officials qualified immunity right, was in order … If the law was clearly established, the immunity defense ordinarily should fail, since a reasonably competent public official should know the law governing his conduct. ...

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

Román Meléndez v. Inclán

641 F. Supp. 998 · District Court, D. Puerto Rico · May 9, 1986

immunity test requires a two part analysis: 1) whether the officer’s conduct violated a constitutional right “clearly established” at the time of the violation, and 2) whether the government official asserting the qualified … In the present case, defendant makes no argument in support of his claim for a qualified immunity that the law prohibiting patronage dismissals was not clearly established.

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.

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.

Barrett v. Miller

599 So. 2d 559 · Mississippi Supreme Court · Apr 22, 1992

Vincent, Jr. and Chris Robinson, the two deputies who conducted the search, on the grounds that the Barretts failed to allege facts that established that the search by the deputies lacked good faith or violated clearly established … The deputies argue that qualified or good faith immunity can only be abrogated upon a showing of a lack of good faith belief that the conduct was lawful; that the conduct violated a clearly established statutory or constitutional

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.

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).

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.

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.

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.