Case law

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

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

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.

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.

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

Cox v. Village of Pleasantville

271 F. Supp. 3d 591 · District Court, S.D. New York · Sep 26, 2017

Qualified immunity shields a defendant from standing trial or facing other burdens of litigation “if either (a) the defendant’s, action did not violate clearly established law, or (b) it was objectively reasonable for the … As there is no clearly-established law holding that a stop under these or similar circumstances is impermissible, the Court agrees that, Hess is entitled to qualified immunity with respect to his Fourth Amendment seizure

Michalik v. Hermann

422 F.3d 252 · Court of Appeals for the Fifth Circuit · Aug 18, 2005

Evaluating qualified immunity is a two-step process. First, we determine whether the plaintiff has alleged a violation of a clearly established constitutional or statutory right. See Siegert v. … An officer need only plead his good faith, which then shifts the burden to the plaintiff, who must rebut the defense by establishing that the officer’s allegedly wrongful conduct violated clearly established law. Id.

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.

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.

Mark Abbott v. Laurie J. Latshaw, Albert Diehl, Dennis George, Robert Stafford and Donald Sarsfield

164 F.3d 141 · Court of Appeals for the Third Circuit · Dec 11, 1998

Qualified Immunity Qualified immunity shields public officials performing discretionary functions from § 1983 and Fourteenth Amendment liability “insofar as their conduct does not violate clearly established statutory or … Our qualified immunity inquiry thus proceeds in two steps. See Sharrar v. Felsing, 128 F.3d 810, 828 (3d Cir.1997). First, we must determine whether the defendants violated “clearly established” rights.

Gant v. Maness

786 So. 2d 401 · Mississippi Supreme Court · Jun 7, 2001

This, according to longstanding Mississippi law, is clearly insufficient to establish a duty of care owing to him in particular: when the duty imposed upon an officer is one solely to the public, the failure to perform it … Now, in developing his argument for qualified immunity, Gant asserts that his duties regarding Thompson's incarceration were discretionary and that he is, thus, entitled to qualified immunity.

Angel Mendez v. County of Los Angeles

815 F.3d 1178 · Court of Appeals for the Ninth Circuit · Mar 2, 2016

The court also held that its conclusions in each respect were supported by clearly established law and that the officers were not entitled to qualified immunity. … In the absence of clearly established law that squarely governs the situation here, qualified immunity is appropriate on the knock-and-announce claim. Id. at 309.

Palmieri v. Clark County

2015 NV 102 · Nevada Supreme Court · Dec 31, 2015

Ct. 305, 308 (2015) ("The doctrine of qualified immunity shields officials from civil liability so long as their conduct does not violate clearly established .. … A searching officer is entitled to qualified immunity if "a reasonable officer could have believed" that the search was lawful "in light of clearly established law and the information

Williams v. Schismenos

258 F. Supp. 3d 842 · District Court, N.D. Ohio · Jun 28, 2017

Qualified Immunity Analysis The defendant officers maintain that qualified immunity protects them from liability for all federal claims asserted against them in their individual capacities. … The qualified immunity doctrine shields government officials performing discretionary actions from civil damages liability if their actions did not violate clearly established statutory or constitutional rights of which a

Brown v. Oregon Department of Corrections

751 F.3d 983 · Court of Appeals for the Ninth Circuit · Apr 29, 2014

Government officials who perform discretionary functions generally are entitled to qualified immunity from liability for civil damages “insofar as their conduct does not violate clearly established statutory or constitutional … We begin with the second prong of the qualified- immunity analysis: whether the right was clearly established  BROWN V. OREGON DEP’T OF CORR. 13 at the time of the alleged violation.

Mitchell v. Miller

56 F. Supp. 3d 57 · District Court, D. Maine · Sep 26, 2014

prong (whether the right was clearly established). … established law for purposes of qualified immunity.

Hicks v. Phipps

765 F. Supp. 1541 · District Court, W.D. Virginia · Feb 5, 1990

Public officials have qualified immunity under the rule of Harlow v. … Therefore, Vanover is entitled to qualified immunity from Mrs. Hicks’ claim for civil damages.

Mincieli v. Bruder

914 F. Supp. 512 · District Court, S.D. Florida · Mar 7, 1994

Mineieli can meet this burden by demonstrating that Bruder’s actions violated clearly established constitutional law. Lowe v. Aldridge, 958 F.2d 1565, 1570 (11th Cir.1992). … than on qualified immunity. 6 .