Case law

Gooden v. Howard County

954 F.2d 960 · Court of Appeals for the Fourth Circuit · Jan 23, 1992

Gooden further argues that the defendants did not act reasonably in light of clearly established law. … However, “if the test of ‘clearly established law’ were to be applied at this level of generality,”....

Benjamin Reynolds v. American National Red Cross

701 F.3d 143 · Court of Appeals for the Fourth Circuit · Dec 7, 2012

The Toyota Court held, in order to qualify as disabled under the ADA, "an individual must have an impairment that 12 REYNOLDS v. … AMERICAN NATIONAL RED CROSS cal] inquiries of an employee," id. § 12112(d)(4)(A), the record clearly shows Reynolds disclosed his medical condi- tion voluntarily to Lockhart, who by all accounts was Reyn- olds’s friend.

Adam Urda v. Jeffrey Sokso

Court of Appeals for the Third Circuit · Jul 22, 2025

Yet qualified immunity shields police from such claims unless they (1) violated a right (2) that was clearly established at the time. Harlow v. Fitzgerald, 457 U.S. 800, 818 (1982). … The District Court denied qualified immunity because it held that it is clearly established that people cannot be arrest- ed or prosecuted without probable cause.

Billy J. Hale v. Carl Townley, Billy J. Hale v. Carl Townley

45 F.3d 914 · Court of Appeals for the Fifth Circuit · Mar 23, 1995

If disputed factual issues material to qualified immunity are present, the district court’s denial of summary judgment sought on the basis of qualified immunity is not appealable. Feagley v. … An official’s conduct is protected by qualified immunity if, in light of legal rules that were clearly established at the time of the' action, it was objectively reasonable.

Milfort v. Prevete

3 F. Supp. 3d 14 · District Court, E.D. New York · Mar 14, 2014

Qualified immunity applies when a government actor’s conduct did not violate a clearly established right, or if it would have been objectively reasonable for the official to believe that his conduct did not violate plaintiffs … However, because sufficient material facts have been established, the Court will recount the factors compelling its conclusion that Prevete was not entitled to qualified immunity.

Marvin Reeves v. Lt. Jacob King

774 F.3d 430 · Court of Appeals for the Eighth Circuit · Dec 16, 2014

King is “entitled to qualified immunity unless (1) ‘the facts alleged or shown, construed in the light most favorable to [Reeves], establish a violation of a constitutional or statutory right,’ and (2) the ‘right was clearly … In Irving, 519 F.3d at 451, we affirmed the district court’s order denying qualified immunity because it was clearly established at that time that labeling an inmate a snitch would unreasonably subject the inmate to a substantial

Palmer v. Sanderson

9 F.3d 1433 · Court of Appeals for the Ninth Circuit · Nov 23, 1993

Qualified Immunity Law enforcement officials sued under § 1983 are entitled to qualified immunity if (1) the “right” they allegedly violated was not “clearly established” at the time of the violation, or (2) if a reasonable … Sanderson and Morrisette argue that the district court erred in denying their motion for summary judgment based on qualified immunity because (1) the Fourth Amendment’s protection against excessive force was not clearly established

William T. Broderick v. Francis Roache, Arthur Morgan, Jr.

996 F.2d 1294 · Court of Appeals for the First Circuit · Jun 18, 1993

Tirado-Delgado, 982 F.2d 34, 38 (1st Cir.1993) (awarding defendant qualified immunity from damage claim because the implicated constitutional right was not clearly established at the time of the complained of acts). … Intent and Qualified Immunity Morgan’s first argument, that the question of his intent is immaterial to the qualified immunity analysis, is premised upon a broad reading of certain language in Harlow .

Crane v. City of Arlington

50 F.4th 453 · Court of Appeals for the Fifth Circuit · Sep 30, 2022

“The doctrine of qualified immunity shields officials from civil liability so long as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known … The second step of the qualified immunity inquiry is asking “whether the violated constitutional right was clearly established at the time of the violation.” 58 The purpose of this inquiry is to determine whether the

RITSCHEL v. City of Fountain Valley

40 Cal. Rptr. 3d 48 · California Court of Appeal · Feb 28, 2006

Here, the court had heard the bulk of the evidence during the qualified immunity defense phase. … When a court determines “no constitutional right would have been violated were the allegations established, there is no necessity for further inquiries concerning qualified immunity.” (Ibid.)

Price v. County of San Diego

990 F. Supp. 1230 · District Court, S.D. California · Jan 8, 1998

immunity. 23 Qualified immunity protects government officials from lawsuits based on their conduct in situations in which they exercise discretion, insofar as their conduct does not violate clearly established rights. … If the right was not clearly established, then the deputies are entitled to qualified immunity. See Romero v. Kitsap County, 931 F.2d 624, 629 (9th Cir.1991).

Farmer v. Perrill

288 F.3d 1254 · Court of Appeals for the Tenth Circuit · May 3, 2002

When a § 1983 defendant raises the defense of qualified immunity on summary judgment, the plaintiff must show the law was clearly established when the alleged violation occurred and must come forward with … sufficient facts to show the official violated that clearly established law.

Rodeman v. Foster

767 F. Supp. 2d 1176 · District Court, D. Colorado · Mar 16, 2011

Once defendants asserted qualified immunity, the burden shifted to plaintiff to show the violation of a clearly established right. See Powell v. … no material facts remain in dispute that would defeat his or her claim of qualified immunity.”).

Ralph Thomas v. Frank O. Gunter Karen Shortridge, Superintendent Robert Houston, Associate Superintendent

103 F.3d 700 · Court of Appeals for the Eighth Circuit · Jan 8, 1997

operation of penal institutions, enjoy qualified immunity. … The proper inquiry in the present case, therefore, is whether the free exercise of religion within a penal setting is a clearly established right. It has been “clearly established” since Cruz v.

Johnson-El v. Schoemehl

878 F.2d 1043 · Court of Appeals for the Eighth Circuit · May 22, 1989

of clearly established law. … Creighton, 483 U.S. 635, 640 , 107 S.Ct. 3034, 3039 (1987) (to overcome qualified immunity, a plaintiff must allege that the official violated a clearly established right, the contours of which are sufficiently clear that

Rivera v. Washington

298 Ga. 770 · Supreme Court of Georgia · Mar 25, 2016

The trial court denied the motion, ruling that it was possible that facts could be shown in discovery that would establish that neither quasi-judicial immunity nor sovereign immunity applied. … But, Cameron did not make such a pronouncement about qualified immunity under the laws of this state.

Calderon v. State of Kansas

24 F. Supp. 2d 1138 · District Court, D. Kansas · May 22, 1998

Under the doctrine of qualified immunity, government officials are shielded from liability if “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have … “In analyzing qualified immunity claims, we first ask if a plaintiff has asserted the violation of a constitutional right at all, and then assess whether the right was clearly established at the time of a defendant’s actions

Delia v. City of Rialto

621 F.3d 1069 · Court of Appeals for the Ninth Circuit · Sep 9, 2010

Qualified Immunity—The City’s Employees [1] “The doctrine of qualified immunity protects govern- ment officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory … Nevertheless, we conclude that these defendants are entitled to qualified immunity because Delia has not established that this constitu- tional right was clearly established at the time of Chief Wells’s order to Delia.

Cox v. Thompson

635 F. Supp. 594 · District Court, S.D. Illinois · May 12, 1986

First plaintiff contends that the qualified immunity doctrine does not apply in this case because the rights asserted by the plaintiff are clearly established constitutional rights. … QUALIFIED IMMUNITY DEFENSE “Government officials performing discretionary functions, as here, are shielded from liability for damages in a 42 U.S.C. § 1983 suit unless their conduct violated clearly established statutory

Donald Tangwall v. Thomas Stuckey

135 F.3d 510 · Court of Appeals for the Seventh Circuit · Feb 2, 1998

Again, we shall reserve addressing whether Detective Stuck-ey acted in violation of clearly established law and, alternatively, the merits of his qualified immunity defense until later in this opinion. … We hold that Stuckey did not violate a clearly established law and that he is entitled to qualified immunity and dismissal of the lawsuit against him. The judgment of the district court is REVERSED. 1 .