Case law

Duerscherl v. Foley

681 F. Supp. 1364 · District Court, D. Minnesota · Jun 25, 1987

If Foley was not entitled to absolute immunity, he would certainly be entitled to qualified immunity. … Failure to show that the asserted interest is protected by the due process clause essentially establishes the defense of qualified immunity. 3 .

Tamala Jones v. Logan Kulesa

Court of Appeals for the Eighth Circuit · Jun 18, 2026

immunity is inappropriate where the record does not conclusively establish the lawfulness of an officer’s use of force. … violated a clearly established federal right.’”

Byrd v. Cornelius

52 F.4th 265 · Court of Appeals for the Fifth Circuit · Oct 31, 2022

III Cornelius and Sweetin argue that we should reverse the district court and grant them qualified immunity. … Clearly Established Right Next, we address, taking the facts in the light most favorable to Byrd, whether the officers violated clearly established law when they allegedly used excessive force to arrest a

Drevdahl v. City of Fairfield

District Court, E.D. California · Feb 2, 2022

“Qualified immunity protects 7 government officials from civil damages ‘insofar as their conduct does not violate clearly 8 established statutory or constitutional rights of which a reasonable person would have known. … Ct. 2042, 2044 (2015) (“Qualified 11 immunity shields government officials from civil damages liability unless the official violated a 12 statutory or constitutional right that was clearly established at the time of the

Kennedy v. Dexter Consolidated Schools

124 N.M. 764 · New Mexico Court of Appeals · Apr 2, 1998

They are entitled to a “qualified immunity,” which relieves them of liability if “their conduct [did] not violate clearly established [federal] statutory or constitutional rights of which a reasonable person would have known … of the search was “clearly established” at the time of the search. (42) Based on the above analysis, three of the individual Defendants have no qualified immunity with respect to the search of Crystal Kennedy.

Johnson v. Wright

234 F. Supp. 2d 352 · District Court, S.D. New York · Dec 6, 2002

Violation of Clearly Established Law The Supreme Court recently addressed the issue of what constitutes “clearly established law” for purposes of the qualified immunity defense. See Hope v. … Objective Reasonableness of Officers’ Actions It is not sufficient for the qualified immunity analysis to determine that the right violated was clearly established at the time of its violation.

Winnie v. Clarke

893 F. Supp. 875 · District Court, D. Nebraska · Jul 11, 1995

Qualified Immunity Prison officials are entitled to qualified immunity from suit unless (1) the officials’ conduct violates a clearly established statutory or constitutional right; (2) the officials knew or should have known … Furthermore, I found that the plaintiff had a clearly established right to call witnesses at his disciplinary hearing and that the defendants’ refusal to do so was not protected under the doctrine of qualified immunity.

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.

Swint v. City of Wadley

51 F.3d 988 · Court of Appeals for the Eleventh Circuit · May 9, 1995

Qualified Immunity Law The district court denied the three individual defendants’ motions for summary judgment on qualified immunity grounds. The denial of qualified immunity is a question of law to be reviewed de novo. … Because such a due process right was not clearly established at the time of the raids in this case, Sheriff Morgan, Chief Morgan and Officer Dendinger are entitled to qualified immunity on the due process claims.

City of San Juan, Texas, City of San Juan Police Officers, Juan Rodriguez, Alfredo Lara & Severiano Martinez, & City of San Juan Chief of Police Samuel Soto v. Gonzales, Juan R.

Texas Court of Appeals, 13th District · Jun 1, 2000

the officers are entitled to qualified immunity under federal law as their actions in effecting appellee's arrest were lawful in light of clearly established law and the information possessed by the officers at the time … If there is, we determine whether the government official's "actions were objectively reasonable in light of clearly established law," entitling him to qualified immunity. Id .

Advanced Bldg. & Fabrication, Inc. v. Cal. Highway Patrol

918 F.3d 654 · Court of Appeals for the Ninth Circuit · Mar 13, 2019

Honan contends that Ayers violated clearly established law by participating in the search. We agree. … DISCUSSION To survive a claim of qualified immunity, the plaintiff must show: "(1) that the right was violated; and (2) that the right was clearly established at the time of the alleged misconduct." Isayeva v.

Florance v. Buchmeyer

500 F. Supp. 2d 618 · District Court, N.D. Texas · Jul 31, 2007

To determine whether a defendant is entitled to qualified immunity, the threshold question is whether, on the facts as alleged by plaintiff, a clearly established constitutional right would have been violated. … In addressing a claim of qualified immunity, a court must first determine whether the plaintiff has alleged a violation of a clearly established constitutional right, which is a purely legal question. Siegert v.

Nathan Rinne v. Greg Hasty

140 F.4th 470 · Court of Appeals for the Eighth Circuit · Jun 9, 2025

record violated a clearly established federal right.” … There are factual disputes as to these issues, and “[i]n order for us to reach [the Commissioners’] ‘legal argument’ that [they] . . . did not violate clearly established law, we would have to exceed our jurisdiction . .

Ahearn v. Vose

64 Mass. App. Ct. 403 · Massachusetts Appeals Court · Sep 2, 2005

Qualified immunity. … Having considered whether there was an Eighth Amendment violation, we next consider, for purposes of qualified immunity analysis, whether the constitutional right violated was clearly established at the time.

Sheck Mulbah v. Cody Jansen

55 F.4th 1164 · Court of Appeals for the Eighth Circuit · Dec 22, 2022

The district court found a genuine dispute of material fact about whether there was probable cause to stop the van and also found the law governing the stop was clearly established. … Similarly, to determine whether Jansen violated clearly established law, we need to know what happened.

Kathleen Meehan v. Officer Scott Thompson

763 F.3d 936 · Court of Appeals for the Eighth Circuit · Aug 14, 2014

Qualified immunity shields government officials from civil liability insofar as their conduct in performing discretionary functions “does not violate clearly established statutory or constitutional rights of which a reasonable … Meehan asserts that Thompson is not entitled to qualified immunity because he violated her clearly established Fourth Amendment rights in two ways: first by arresting her without a reasonable belief that she was intoxicated

Kelsey v. County of Schoharie

567 F.3d 54 · Court of Appeals for the Second Circuit · May 22, 2009

As a result, it would be premature to determine whether Defendants Bates and Hazzard are responsible for violating clearly established constitutional law or are immune from suit under the qualified immunity doctrine. … 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

Miguel A. Figueroa-Rodriguez v. Jorge L. Aquino, Etc.

863 F.2d 1037 · Court of Appeals for the First Circuit · Dec 9, 1988

See DeAbadia, 792 F.2d at 1193 (“the very fact that there is a reasonable dispute means that, from the standpoint of qualified immunity, the law was not clearly established in plaintiff’s favor”). … Given this focus, Aquino was entitled to qualified immunity because it was not clearly established in January 1985 that political affiliation was not an appropriate requirement for the effective performance of the job of

Kenneth Bailey v. Shawn T. Swindell

940 F.3d 1295 · Court of Appeals for the Eleventh Circuit · Oct 16, 2019

,” and qualified immunity applies. … established’ step of the qualified-immunity analysis.”

Bolden v. Village of Monticello

344 F. Supp. 2d 407 · District Court, S.D. New York · Nov 4, 2004

Qualified Immunity Qualified immunity shields a public official from civil liability when his conduct “does not violate a clearly established statutory or constitutional right.” Richardson v. … As noted above, a police officer is entitled to qualified immunity if (1) his conduct does not violate clearly established constitutional rights, or (2) it was objectively reasonable for the officer to believe his conduct