Case law

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.

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

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.

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.

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."

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

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.

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).

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.

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.”

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.

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.

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

Ex Parte Alabama Dept. of Youth Services

880 So. 2d 393 · Supreme Court of Alabama · Oct 10, 2003

Federal Qualified Immunity Wood argues that he is entitled to federal qualified immunity from the Doe plaintiffs' federal § 1983 claim against him. … "An official is entitled to qualified immunity if he is performing discretionary functions and his actions do `"not violate clearly established statutory or constitutional rights of which a reasonable person would have known

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.

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

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.

Craig v. Martin

49 F.4th 404 · Court of Appeals for the Fifth Circuit · Sep 8, 2022

particular conduct violated clearly established law is Darden v. … Moreover, as we have noted before, the plaintiffs’ reliance on the cases above “requires us to assume that Fifth Circuit precedent alone can clearly establish the law for qualified immunity purposes, something the

Jones v. McNeese

883 F. Supp. 2d 897 · District Court, D. Nebraska · Jul 5, 2012

Qualified immunity shields government officials from civil damages liability unless the official violated a statutory or constitutional right that was clearly established at the time of the challenged conduct. … Qualified Immunity In resolving Dr. McNeese’s claim of qualified immunity, this court is required to essentially adopt the plaintiffs’ version of the facts, and then to resolve the abstract issue of law.

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