Case law

Broderick Fourte v. Faulkner County, Arkansas

746 F.3d 384 · Court of Appeals for the Eighth Circuit · Mar 25, 2014

“To determine whether [officials] are entitled to qualified immunity, we consider (1) whether the facts alleged, construed in the light most favorable to [to the plaintiff], establish a violation of a constitutional or statutory … Stewart and Nurse Lumpkin’s qualified immunity defense. See White v. McKinley, 519 F.3d 806, 815 (8th Cir. 2008).

Goodman v. Harris County

571 F.3d 388 · Court of Appeals for the Fifth Circuit · Jun 10, 2009

“The doctrine of qualified immunity shields government officials acting within their discretionary authority from liability when their conduct does not violate clearly established statutory or constitutional law of which … As previously noted, the defense of qualified immunity is a two-step inquiry: the allegation that a “clearly established constitutional right” was violated and the determination that “the official’s conduct was objectively

Selwyn Vanderpool v. West Virginia DHHR

West Virginia Supreme Court · May 26, 2020

In Crouch, the Court examined whether internal DHHR policy violations rose to the level of being violations of a clearly established right. … Stanley is entitled to qualified immunity based on W. Va.

Gallegos v. City & County of Denver

984 F.2d 358 · Court of Appeals for the Tenth Circuit · Jan 20, 1993

that the defendant’s alleged actions violated clearly established law. … As stated above, government officials are entitled to a grant of qualified immunity unless their conduct violates “clearly established statutory or constitutional rights of which a reasonable person would have known.”

Halley ex rel. J.H. v. Oklahoma ex rel. Oklahoma State Department of Human Services

176 F. Supp. 3d 1268 · District Court, E.D. Oklahoma · Mar 31, 2016

“The doctrine of qualified immunity shields government officials performing discretionary functions from liability for damages ‘insofar as their conduct does not violate clearly established statutory or constitutional rights … This law was clearly established by 2014. See, e.g., Estate of B.I.C. v.

Electric Fetus Co. v. City of Duluth

547 N.W.2d 448 · Court of Appeals of Minnesota · May 14, 1996

State officials are entitled to qualified immunity when “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … Unless the plaintiffs allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before commencement of discovery. Mitchell v.

Robert LOMBARDI, Plaintiff-Appellant, v. CITY OF EL CAJON; Steven Shakowski; Does 1 Through 30, Inclusive, Defendants-Appellees

117 F.3d 1117 · Court of Appeals for the Ninth Circuit · Jun 30, 1997

In civil rights actions, qualified immunity turns on the objective unreasonableness of the law enforcement officer’s conduct in light of clearly established law. … Harlow’s emphasis on ‘objective reasonableness’ and cases in which the ‘clearly established law3 at issue contains a subjective element, such as motive or intent.”

Barton v. Curtis

50 V.I. 783 · District Court, Virgin Islands · Nov 25, 2008

“Qualified immunity shields state officials from suit when their conduct ‘does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’ ” Id. at 140 (quoting Harlow … the ‘constitutional issue’ and the second being ‘whether the right was clearly established.’ ” Id. at 601 .

Degenhardt v. Bintliff

117 F.4th 747 · Court of Appeals for the Fifth Circuit · Sep 24, 2024

There is a two-part test to overcoming qualified immunity. … The question, then, is whether such right is sufficiently established to defeat qualified immunity. See Argueta, 86 F.4th at 1088. We conclude that the answer is “no.”

Dettelis v. Sharbaugh

919 F.3d 161 · Court of Appeals for the Second Circuit · Mar 20, 2019

Instead, we conclude that qualified immunity bars Dettelis’s claim. 4  As a general matter, probation officers are entitled to immunity in the performance of … App’x 83, 84 (2d Cir. 2008) (holding state parole officer entitled to qualified immunity in filing parole violation charges).

Chanon Miller v. Juan Ramirez

Court of Appeals for the Eleventh Circuit · Feb 27, 2025

conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … immunity “raised . . . on a motion to dismiss . . . will be granted if the com- plaint fails to allege the violation of a clearly established constitu- tional right.” 248 F.3d 1117, 1121 (11th Cir. 2001

Tortes v. King County

84 P.3d 252 · Court of Appeals of Washington · Sep 22, 2003

These individual public officials are immune from personal liability under the doctrine of qualified immunity. … It is preferred that a defendant's entitlement to qualified immunity be decided as a matter of law on summary judgment. [19] The central purpose of qualified immunity is to protect public officials from interference with

Carlson v. County of Hennepin

428 N.W.2d 453 · Court of Appeals of Minnesota · Aug 23, 1988

A subsequent motion to dismiss the individual defendants on the basis of qualified immunity was granted. … is no qualified immunity.

Wilkins v. City of Tulsa

33 F.4th 1265 · Court of Appeals for the Tenth Circuit · May 3, 2022

The officers invoked qualified immunity, arguing they did not violate Mr. Wilkins’s Fourth Amendment rights and that his rights were not clearly established. … Wilkins’s clearly established right to be free from the additional use of force after he was effectively subdued. The officers were not entitled to qualified immunity.

Brockway v. Shepherd

942 F. Supp. 1012 · District Court, M.D. Pennsylvania · Oct 4, 1996

III.QUALIFIED IMMUNITY A defendant is entitled to qualified immunity from a claim of a violation of a constitutional right if the right was not clearly established at the time of the alleged deprivation and the contours of … WMe the abstract right to be free from unreasonable seizure clearly is established, for qualified immunity purposes the right must be considered on a more specific level: “[t]he contours of the right must be sufficiently

Harris County v. Michael J. Hall

Texas Court of Appeals, 1st District (Houston) · Jan 22, 2026

Governmental Immunity and Plea to the Jurisdiction Governmental units are immune from suit unless immunity is clearly and unambiguously waived by state law. City of San Antonio v. … Hall failed to establish a prima facie case of disability discrimination because he could not establish that at the time of his termination he was qualified for the job.

Rios v. Scott

100 F. App'x 270 · Court of Appeals for the Fifth Circuit · Jun 3, 2004

PER CURIAM:* Joshua Rio s and Mary Canales (“the Relatives”) appeal from the district court’s grant of summary judgment based on qualified immunity. … Officer Sippel is entitled to qualified immunity because there is no clearly established constitutional right for an officer to immediately intervene when an armed inmate attacks another inmate, as the officer may need

Swint v. City of Wadley

5 F.3d 1435 · Court of Appeals for the Eleventh Circuit · Nov 3, 1993

However, these factual disputes do not preclude a grant of summary judgment premised on a defendant’s qualified immunity if the legal norms allegedly violated were not clearly established at the time' of the challenged actions … Because such a due process right was not clearly established at the time of the raids in this case, Sheriff Morgan, Chief Morgan and Officer Dendinger are entitled to qualified immunity on the due process claims.

Janice Brown v. Andrew Knapp

75 F.4th 638 · Court of Appeals for the Sixth Circuit · Jul 28, 2023

The district court denied both motions, finding that the MSP Defendants were not entitled to qualified immunity because they had collectively violated Brown’s clearly established right to a prompt probable cause determination … We found that the officer was entitled to qualified immunity because, even if he had violated Roberson’s constitutional rights, “Riverside and its progeny [did] not clearly establish that an officer in [the trooper’s] position

Teri Dean v. Anne Precythe

79 F.4th 986 · Court of Appeals for the Eighth Circuit · Aug 23, 2023

The availability of qualified immunity depends on the answer to two questions. First, did Precythe violate a constitutional right? Second, was the right clearly established? See Morgan v. … Audrain County, 968 F.3d 845, 849 (8th Cir. 2020) (explaining that the plaintiff “has the burden to show that” the law is clearly established).