Case law

Cuvo v. Pocono Mountain School District

District Court, M.D. Pennsylvania · Dec 23, 2019

The doctrine of qualified immunity shields government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which … A qualified immunity determination involves a two-pronged inquiry: (1) whether a constitutional or federal right has been violated; and (2) whether that right was “clearly established.” Saucier v.

France v. Hunter

368 S.W.3d 279 · Missouri Court of Appeals · Apr 6, 2012

from suit under the doctrines of qualified immunity, official immunity, and judicial immunity. … Public officials are provided qualified immunity for their official acts unless a plaintiff pleads facts showing: “(1) that the official violated a statutory or constitutional right, and (2) that the right was ‘clearly established

Bakutis v. Dean

129 F.4th 299 · Court of Appeals for the Fifth Circuit · Feb 25, 2025

But ultimately, qualified immunity was preserved because it was not clearly established whether the use of force was reasonable in response to a call claiming a child could be physically ill. … A panel of this court found that the officers violated the Constitution but granted qualified immunity because the violation was not clearly established. Linicomn, 902 F.3d at 537, 539–40.

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.

Haney v. Monsky Ex Rel. Zager

311 S.W.3d 235 · Kentucky Supreme Court · May 7, 2010

Qualified Official Immunity As this Court thoroughly explained in Yanero v. … Qualified official immunity applies only where the act performed by the official or employee is one that is discretionary in nature. Id.

Benavides v. Nunez

Court of Appeals for the Fifth Circuit · Jul 16, 2025

Qualified immunity shields an officer from liability if his “conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Pearson v. … To overcome qualified immunity, the plaintiff must show “(1) that the official violated a statutory or constitutional right, and (2) that the right was clearly established at the time of the challenged conduct.”

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

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

Seal Tite Corp. v. Bressi

312 N.J. Super. 532 · New Jersey Superior Court Appellate Division · Jun 19, 1998

could be afforded on the basis of qualified, rather than absolute, privilege or immunity. … The individual defendants are entitled at least to the protection of qualified immunity, even if the absolute immunity afforded for legislative acts is deemed inapplicable.

AerSale, Inc. v. The City of Roswell, New Mexico

District Court, D. New Mexico · Nov 25, 2024

However, this is precisely the “high level of generality” at which “clearly established” may not be defined for purposes of the qualified immunity analysis. … Christopher is entitled to qualified immunity on AerSale’s Fourth and Fourteenth Amendment claims based on the absence of clearly established law, it necessarily follows that he is also entitled to qualified immunity on

Rich v. United States

158 F. Supp. 2d 619 · District Court, D. Maryland · Jul 13, 2001

“Government officials performing discretionary functions are entitled to qualified immunity from liability for civil damages to the extent that ‘their conduct does not violate clearly established statutory or constitutional … To obtain qualified immunity, Defendants must establish that in light of this clearly established law, the agents reasonably could have believed that the search of Plaintiffs’ home was lawful.

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.

Stovall v. McAtee

35 F. Supp. 2d 1125 · District Court, S.D. Indiana · Sep 24, 1997

In denying defendant’s qualified immunity motion, the district court concluded that Thomas v. Pate had clearly established the right at issue. This reliance was misplaced. As noted above, Thomas v. … When a defense of qualified immunity is raised, the plaintiff has the burden of showing that the right he invokes was “clearly established” at the relevant time with sufficient specificity under the circumstances.

Anthony C. Greene v. Jack Barber, Edward Hillyer, Victor Gillis, William Hegarty, and the City of Grand Rapids, Michigan

310 F.3d 889 · Court of Appeals for the Sixth Circuit · Nov 8, 2002

Qualified Immunity for the Arrest Mr. … “If no constitutional right would have been violated were the allegations established, there is no necessity for further inquiries concerning qualified immunity.”

Hardy v. Rabie

Court of Appeals for the Tenth Circuit · Aug 4, 2025

To overcome qualified immunity, a right must be clearly established such that “a reasonable official would understand that what he is doing violates that right.” Truman, 1 F.4th at 1235 (citation omitted). … In my view, Deputy DeHerrera’s alleged violation of the Constitution wouldn’t have been clearly established; and the absence of a clearly established violation would trigger qualified immunity.

Ringer v. Fallis

848 F. Supp. 519 · District Court, D. Delaware · Mar 31, 1994

QUALIFIED IMMUNITY Government officials performing discretionary functions generally are entitled to qualified immunity if “their conduct does not violate clearly established statutory or constitutional rights of which a … A court must begin its qualified immunity analysis with the determination of whether the plaintiff has alleged a violation of a clearly established constitutional right. Siegert v.

Douglas v. Condon

419 F.3d 1097 · Court of Appeals for the Tenth Circuit · Aug 16, 2005

The district court found that no clearly established Fourth Amendment right had been violated by ADA Dobbs in the search of Douglas’s prescription records and that qualified immunity applied. … Under the doctrine of qualified immunity, “government officials performing discretionary functions, generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory

Anthony v. Baker

808 F. Supp. 1523 · District Court, D. Colorado · Dec 10, 1992

A government official is entitled to qualified immunity unless that official violated clearly established constitutional or statutory rights of which a reasonable person should have known. Harlow v. … Once a defendant asserts qualified immunity, the plaintiff bears the burden of convincing the court that the law was clearly established at the time of the alleged wrongful conduct. Id.

Williams v. Franklin County Board of Commissioners

145 Ohio App. 3d 530 · Ohio Court of Appeals · Aug 28, 2001

Under the doctrine of qualified immunity, public officials who perform discretionary functions are generally entitled to immunity from suit in a Section 1983 action as long as their conduct does not violate clearly established … of clearly established law and the information that he possessed.

Clark v. Evans

840 F.2d 876 · Court of Appeals for the Eleventh Circuit · Mar 25, 1988

Since the law on this point was not clearly established at the time Sharp was shot, defendants Coleman and New-some can properly claim a defense of qualified immunity as against the disabling force theory of liability. … Since there is no clearly-established law regarding whether an insane person can be shot during an escape attempt, defendants can appropriately raise a qualified immunity defense. *883 As for the theory that Sharp’s aetion