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

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).

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.

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.

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.

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.

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.

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.

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

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 .

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

Smith v. Bunkley

171 A.3d 1118 · Superior Court of Delaware · Aug 3, 2016

to establish jurisdiction necessary to survive a motion to dismiss.18 Therefore, the “[p]laintiff bears the burden of establishing that sovereign immunity has been abrogated.”19 For example, in Pauley et al v. … The State Tort Claims Act provides a qualified immunity to state employees, only in their individual capacities, exempting them from liability.22 The defense of qualified immunity may be raised when: “(1) the alleged act

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.

Nampa Classical Academy v. Goesling

714 F. Supp. 2d 1079 · District Court, D. Idaho · May 17, 2010

Qualified Immunity Standard “Qualified immunity serves to shield government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which … “Whether a right is ‘clearly established’ for purposes of qualified immunity is an inquiry that ‘must be undertaken in light *1091 of the specific context of the case, not as a broad general proposition.’

Downey v. Coalition Against Rape and Abuse, Inc.

143 F. Supp. 2d 423 · District Court, D. New Jersey · May 2, 2001

When material facts are not in dispute, the district court may decide whether a government official has established the defense of qualified immunity as a matter of law. Anderson v. … not rest on clearly established law, defendants Batten and Moore accordingly are entitled to immunity from plaintiffs Equal Protection claim.

Evett v. DETNTFF

330 F.3d 681 · Court of Appeals for the Fifth Circuit · Jun 3, 2003

The law could not be more clear that an individual has a clearly established right to be free from unlawful arrest. … First, the plaintiff must allege the violation of a clearly established right.

Scott Lee Rudlaff v. Brandon Gillispie

791 F.3d 638 · Court of Appeals for the Sixth Circuit · Jul 1, 2015

Remember that qualified immunity (as we’ve been reminded again and again) is an “exacting standard” that gives officers lots of leeway, requiring their conduct to violate clearly established law to defeat the defense. … Because the officers acted constitutionally — and because even if they didn’t, by all accounts they didn’t clearly act unconstitutionally — they are protected by qualified immunity. We reverse.

Macareno v. Thomas

378 F. Supp. 3d 933 · District Court, W.D. Washington · May 8, 2019

Government officials enjoy qualified immunity from civil damages unless their conduct violates "clearly established statutory or constitutional rights of which a reasonable person would have known." Harlow v. … Because Plaintiff's Fourth Amendment right was clearly established, the Court DENIES Defendant Officers' motion for qualified immunity. iii.

Antoine Jones v. Steve Kirchner

835 F.3d 74 · Court of Appeals for the D.C. Circuit · Aug 26, 2016

Qualified immunity depends upon the answers to two questions: (1) Did the officer’s conduct violate a constitutional or statutory right? If so, (2) was that right clearly established at the time of the violation? … Nevertheless, we agree with the district court that the Defendants are entitled to qualified immunity, albeit for a different reason: It was not clearly established in Maryland in 2005 that the Fourth Amendment prohibits