Case law

Kinney v. Weaver

367 F.3d 337 · Court of Appeals for the Fifth Circuit · Sep 24, 2002

Not long after Harlow , the Court refined the qualified immunity standard by defining “clearly established” in a way that encompasses the “objective reasonableness” inquiry: To be “clearly established” for purposes of qualified … Yet, at the same time, an official does not lose qualified immunity merely because a certain right is clearly established in the abstract.

Chambers v. North Rockland Central School District

815 F. Supp. 2d 753 · District Court, S.D. New York · Sep 27, 2011

by qualified immunity.” … “[E]ven where the law is ‘clearly established’ and the scope of an official’s permissible conduct is ‘clearly defined,’ the qualified immunity defense also protects an official if it was ‘objectively reasonable’ for him at

Madison County Fiscal Court v. Kentucky Labor Cabinet

352 S.W.3d 572 · Kentucky Supreme Court · Aug 25, 2011

qualified official immunity. … As such, Appellants contend they either share the state’s sovereign immunity or are cloaked with governmental or qualified official immunity as entities performing a public function.

Raby v. Baptist Medical Center

21 F. Supp. 2d 1341 · District Court, M.D. Alabama · Sep 9, 1998

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 … Therefore, Mangum’s actions violated clearly established Eleventh Circuit precedent.

Patrick v. Miller

953 F.2d 1240 · Court of Appeals for the Tenth Circuit · Jan 27, 1992

These clearly established principles are insufficient, however, to defeat Defendants’ Motion for Summary Judgment on grounds of qualified immunity. … public officials lose immunity in the face of clearly established law.

McCoy v. Webster

47 F.3d 404 · Court of Appeals for the Eleventh Circuit · Mar 14, 1995

Qualified immunity shields government officials performing discretionary duties from civil trial and liability if their conduct violates no "clearly established statutory or 3 This action was filed … Because the law was not clearly established that Brown's conduct, based on the information he possessed, violated McCoy's Eighth Amendment right, Brown is entitled to qualified immunity. 4 Under some circumstances

TM v. Noblitt

650 So. 2d 1340 · Mississippi Supreme Court · Jan 12, 1995

We are of the opinion that the lower court correctly articulated the law of qualified public official immunity, but find that the dismissal of this cause was premature. … The issue of common law qualified immunity was recently revisited in Womble v. Singing River Hosp., 618 So.2d 1252 (Miss. 1993).

Linda L. Harrell, Individually, as Personal Representative, and as Surviving Spouse of Larry Gene Harrell, Deceased v. Decatur County, Ga.

22 F.3d 1570 · Court of Appeals for the Eleventh Circuit · Jun 22, 1994

Thus, if the law was clearly established, the qualified immunity privilege “ordinarily should fail, because a reasonably competent public official should know the law governing his conduct.” … Deputy Morris The focus of our inquiry into deputy Morris’s assertion of qualified immunity is whether his actions violated clearly established law. Rich, 841 F.2d at 1564 .

Ray Scott v. Tobias J. Tempelmeyer

867 F.3d 1067 · Court of Appeals for the Eighth Circuit · Aug 16, 2017

Tempelmeyer appeals the denial of qualified immunity. … Qualified immunity shields a government official from suit when his conduct “does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v.

Ratliff v. Dekalb County

62 F.3d 338 · Court of Appeals for the Eleventh Circuit · Oct 17, 1995

the applicable law was clearly established. … The right to be free from retaliation is clearly established as a first amendment right and as a statutory right under Title VII; but no clearly established right exists under the equal protection clause to be free from retaliation

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.

Notariano v. Tangipahoa Parish School Board

266 F. Supp. 3d 919 · District Court, E.D. Louisiana · Jul 17, 2017

allegations are sufficient, Plaintiff has failed to plead a violation of any clearly established constitutional right. … “[I]f the pleadings on their face show an unreasonable violation of a clearly established constitutional right, the defense of qualified immunity will not sustain a motion to dismiss under Rule 12(b)(6).” 26 “[A] plaintiff

Donovan v. City Of Milwaukee

17 F.3d 944 · Court of Appeals for the Seventh Circuit · Feb 18, 1994

II. 5 Under the doctrine of qualified immunity, "governmental officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established … are entitled to qualified immunity.

George WICKS, Sr., Plaintiff-Appellee, v. MISSISSIPPI STATE EMPLOYMENT SERVICES, Et Al., Defendants, Hazel Cook, Defendant-Appellant

41 F.3d 991 · Court of Appeals for the Fifth Circuit · Jan 6, 1995

To overcome the immunity defense, the complaint must allege facts that, if proven, would demonstrate that Cook violated clearly established statutory or constitutional rights. 12 Heightened pleading demands more than bald … While Wicks does allege racial animus, an element of the prima facie case for his discrimination claim, he fails to allege any conduct of Cook that could be considered to “violate a clearly established statutory ... right

Crenshaw v. Lister

556 F.3d 1283 · Court of Appeals for the Eleventh Circuit · Feb 6, 2009

Turning to the issue of qualified immunity and, after finding that Crenshaw had to establish the violation of a clearly-established right, the court concluded that, under Crenshaw’s version of the facts, “no reasonable … Qualified Immunity “Qualified immunity shields government officials from liability for civil damages for torts committed while performing discretionary duties unless their conduct violates a clearly established statutory

Young ex rel. Bucy v. Jefferson County Sheriff

318 P.3d 458 · Supreme Court of Colorado · Jan 13, 2014

by the legislature, and both clearly indicate that the good faith of any person who qualifies for immunity "shall be presumed." … To hold otherwise would impermissibly defile the legislature's attempt to immunize qualifying law enforcement officers from liability.

LeSUEUR-RICHMOND SLATE CORP. v. FEHRER

752 F. Supp. 2d 713 · District Court, W.D. Virginia · Nov 3, 2010

When evaluating a qualified immunity claim, the district court should generally first determine whether a right “would have been violated on the facts alleged; [and] ... second ... whether the right was clearly established … Qualified immunity shields government officials from suit unless they transgress rights that are “clearly established.” Saucier, 533 U.S. at 200, 121 S.Ct. 2151 (2001).

Flora v. Sw. Iowa Narcotics Enforcement Task Force

292 F. Supp. 3d 875 · District Court, S.D. Iowa · Feb 12, 2018

Qualified Immunity Standard "Qualified immunity shields a government official from liability and the burdens of litigation unless the official's conduct violates a clearly established constitutional or statutory right of … immunity because her advice contravened clearly established law.

Clark v. Valletta

Court of Appeals for the Second Circuit · Oct 6, 2025

“Qualified immunity is no immunity at all if ‘clearly established’ law can simply be defined as the right to be free from” a given constitutional injury. Id. … CONCLUSION In sum, the district court improperly denied qualified immunity to Defendants because there is no clearly established right to specific gender-dysphoria treatments.

Kim Brown v. Muhlenberg Township

269 F.3d 205 · Court of Appeals for the Third Circuit · Oct 11, 2001

IV. 65 Let me amplify my earlier analysis explaining the second prong -- the clearly established prong-- of the qualified immunity doctrine. … the clearly established element of the immunity doctrine.