Case law

Lambert v. Town of Stringtown

63 O.B.A.J. 2132 · Supreme Court of Oklahoma · Jul 14, 1992

They sought summary judgment based on the defense of qualified immunity. The trial court overruled their motion and the defendants appealed. … The qualified immunity doctrine may be stated thus: “[G]overnment officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established

Shields v. Shetler

682 F. Supp. 1172 · District Court, D. Colorado · Mar 29, 1988

Under the doctrine of qualified immunity “government officials performing discretionary functions ... are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or … When the affirmative defense of qualified immunity is raised, the plaintiff has the burden of convincing the court that his constitutional or statutory rights were clearly established at the time of the questioned conduct

Michael McIntyre and Laura McIntyre, Individually and on Behalf of Their Children, K.M., L.M., C.M., M.M., and L.M. v. El Paso Independent School District, Dr. Lorenzo Garcia, and Mark Mendoza

59 Tex. Sup. Ct. J. 1387 · Texas Supreme Court · Jun 24, 2016

Here, the McIntyres challenge only the officer’s “entitlement to qualified immunity on the substantive due process claim,” arguing he violated their clearly established rights under the Fourteenth Amendment by “swear[ing] … Under the doctrine of qualified immunity, “courts may not award damages against a government official in his personal .capacity unless ‘the official violated a statutory or constitutional right,’ and ‘the right was “clearly

Wright v. Rolette County

417 F.3d 879 · Court of Appeals for the Eighth Circuit · Aug 8, 2005

If the answer is no, we grant qualified immunity. If the answer is yes, we go on to determine "whether the right was clearly established." Id. … I write separately in regards to section III.D.2 of the opinion, which discusses the clearly established prong of the qualified immunity inquiry.

Ethel Jones v. Gary Collins, Superintendent of Texarkana Independent School District

132 F.3d 1048 · Court of Appeals for the Fifth Circuit · Feb 12, 1998

First, if the official’s conduct did not violate a clearly established constitutional'right, the official is entitled to qualified immunity. See Nerren v. Livingston Police Dep't, 86 F.3d 469, 473 (5th Cir.1996). … Second, even if the official’s conduct violated a clearly established constitutional right, the official is nonetheless entitled to qualified immunity if his conduct was objectively reasonable.

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.

Ryan Bonivert v. City of Clarkston

883 F.3d 865 · Court of Appeals for the Ninth Circuit · Feb 26, 2018

Alternatively, the officers claim they are entitled to qualified immunity because it was not clearly 14 BONIVERT V. … The constitutional right was clearly established for qualified immunity purposes. B.

Saffell v. Crews

183 F.3d 655 · Court of Appeals for the Seventh Circuit · Jul 6, 1999

That clearly established right must be one established in a particularized sense. This requires more than a general violation of the Fourth Amendment. … In the present case, Crews is entitled to qualified immunity if a reasonable officer could have rationally believed that the strip search was not unlawful in light of clearly established law and the information she possessed

Donald Gravelet-Blondin v. Sgt Jeff Shelton

728 F.3d 1086 · Court of Appeals for the Ninth Circuit · Sep 6, 2013

Qualified Immunity Even so, Sgt. Shelton is entitled to qualified immunity if his conduct did not “violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … The court granted qualified immunity, however, finding that the law in 2004 was not sufficiently well-established to have alerted officers that this use of force was unconstitutional.

Kaminsky v. Rosenblum

929 F.2d 922 · Court of Appeals for the Second Circuit · Apr 9, 1991

DISCUSSION I Doctrine of Qualified Immunity 10 The doctrine of qualified immunity evolved as a balance between the need, on one hand, to hold responsible public officials exercising their power in a wholly unjustified manner … Contrary to appellants' contention, the district court did not stop after addressing only the threshold issue of whether the law was clearly established.

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

Carlos D. Goad and Robert J. Wuchich v. Betty Mitchell, Jacqui Visintine, and M.A. Gilbert

297 F.3d 497 · Court of Appeals for the Sixth Circuit · Jul 25, 2002

Qualified Immunity and Heightened Pleading Requirements In civil suits for money damages, government officials are entitled to qualified immunity for discretionary acts that do “not violate clearly established [federal] statutory … a complaint adequately alleges violation of clearly established law.

Fellowship of Christian Athletes v. District of Columbia

District Court, District of Columbia · Feb 3, 2026

in question . . . was clearly established.” … were clearly established.

Domenech v. City of New York

927 F. Supp. 106 · District Court, S.D. New York · May 15, 1996

Under the doctrine of qualified immunity, public officials are immune from liability for civil damages if they establish either that (1) their conduct did not violate clearly established rights of which a reasonable person … Where reasonably competent officials could disagree as to whether the conduct at issue would violate clearly established rights, the immunity defense is available. Malley v.

Higgins v. Town of Concord

246 F. Supp. 3d 502 · District Court, D. Massachusetts · Mar 31, 2017

The Court cannot determine whether Hodges and Whelan are entitled to qualified immunity at this stage. The defendants argue ' that Hodges and Whelan are entitled to qualified immunity on Counts One and Two. … Callahan, 555 U.S. 223, 231 , 129 S.Ct. 808 , 172 L.Ed.2d 565 (2009) ("The doctrine of qualified immunity protects government officials from liability for civil damages insofar ‘as their conduct does not violate clearly established

Giebel v. Sylvester

244 F.3d 1182 · Court of Appeals for the Ninth Circuit · Apr 12, 2001

was not clearly established at the time of Sylvester's actions. … not entitled to qualified immunity.

Prentzel v. State, Department of Public Safety

169 P.3d 573 · Alaska Supreme Court · Sep 14, 2007

Under federal law governing constitutional claims brought under § 1988, "a law enforcement officer is entitled to qualified immunity if, in light of clearly established law and the information available to the officer at … To defeat the troopers' claim of qualified immunity, Prentzel must instead show that the troopers' warrantless arrest amounted to a violation of the Fourth Amendment under clearly established federal law governing that amendment's

Robert J. Pelletier v. Federal Home Loan Bank of San Francisco, and John W. Behrens

968 F.2d 865 · Court of Appeals for the Ninth Circuit · Jun 29, 1992

in creating the qualified immunity doctrine. … On review of a denial of qualified immunity, “[w]e have jurisdiction only to decide if defendant’s conduct violated ... clearly established constitutional rights.” Todd v.

Walker v. Jackson

952 F. Supp. 2d 343 · District Court, D. Massachusetts · Jul 8, 2013

Second, they argue that they have qualified immunity because the right at issue was not clearly established at the ■ time of their alleged violation. … The case law addressing supervisory liability is clearly established, and Sergeant Horan has not advanced any argument in support of qualified immunity. He is not entitled to dismissal of Count Y. v.

Andrea Martinez v. Ronnet Sasse

37 F.4th 506 · Court of Appeals for the Eighth Circuit · Jun 16, 2022

Sasse moved for judgment on the pleadings based on qualified immunity. … Accordingly, Sasse is entitled to qualified immunity.