Case 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.

Greene v. Knight

564 F. Supp. 2d 604 · District Court, N.D. Texas · Jan 29, 2008

demonstrating that the official’s conduct violated clearly established law. … Conversely, an official’s conduct is not protected by qualified immunity if, in light of clearly established pre-existing law, it was apparent the conduct, when undertaken, would be a violation of the right at issue.

Buonocore v. Harris

134 F.3d 245 · Court of Appeals for the Fourth Circuit · Jan 14, 1998

Fitzgerald, 457 U.S. 800, 818-19 , 102 S.Ct. 2727, 2738 , 73 L.Ed.2d 396 (1982), the Supreme Court held that when, as here, the law is clearly established, the qualified immunity defense “ordinarily should fail, since a reasonably … A public official who fails to follow legal advice obviously cannot rely on that advice to establish entitlement to qualified immunity.

Hendricks v. Mallozzi

District Court, N.D. New York · Jul 24, 2023

In the alternative, Defendant Delutis argues that he is entitled to qualified immunity. … the program, and (3) Defendant is not entitled to qualified immunity.

Smith v. Howell

570 F. App'x 762 · Court of Appeals for the Tenth Circuit · Jul 2, 2014

Callahan, 555 U.S. 223, 231 (2009) (government officials are entitled to qualified immunity where “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would … “When a defendant asserts qualified immunity at summary judgment,” the plaintiff has the burden “to show that: (1) the defendant violated a constitutional right and (2) the constitutional right was clearly established.

Young v. Lacy

District Court, S.D. West Virginia · Sep 28, 2018

See Pearson, 555 U.S. at 243 (holding that “petitioners [were] entitled to qualified immunity because [they] . . . did not violate clearly established law.”). … establish, it is unnecessary for this court to analyze this portion of the qualified immunity inquiry.

Koiro v. Las Vegas Metropolitan Police Department

69 F. Supp. 3d 1061 · District Court, D. Nevada · Nov 21, 2014

Second, Defendants argue that, even if Catanese violated the Fourth Amendment, he should still receive qualified immunity because Koiro did not carry his burden of showing that the right violated was clearly established. … “Qualified immunity protects government officials from civil damages ‘insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’ ” Chappell

Parker v. Board Of Regents Of Tulsa Junior College

981 F.2d 1159 · Court of Appeals for the Tenth Circuit · Dec 17, 1992

Id.; Patrick, 953 F.2d at 1243 . 10 Once a defendant asserts qualified immunity, "[t]he plaintiff carries the burden of convincing the court that the law was clearly established." … Accordingly, they maintain that plaintiff's action is barred by the doctrine of qualified immunity. 14 To determine whether plaintiff's action is barred by qualified immunity, we first consider whether she was deprived of

Limone v. Condon

372 F.3d 39 · Court of Appeals for the First Circuit · Jun 14, 2004

Qualified immunity is a judge-made doctrine. … Having erected this straw man, the appellants then shred it: although Brady was decided prior to 1967, they assert that it was not clearly established then (indeed, it may not be clearly established today) that the

Morgan v. Stringer

945 F. Supp. 1129 · District Court, N.D. Illinois · Nov 12, 1996

established constitutional right at the time that they acted (consistently with that reason for the rule, Harlow, id. at 818, 102 S.Ct. at 2738 stressed the notion that motions for summary judgment on qualified immunity … The principles of qualified immunity that we reaffirm today require that Anderson be permitted to argue that he is entitled to *1132 summary judgment on the ground that, in light of the clearly established principles governing

Braxton v. Matthews

883 F. Supp. 1068 · District Court, W.D. Virginia · Apr 28, 1995

QUALIFIED IMMUNITY Next the Court must examine whether Defendant is protected from suit by the doctrine of qualified immunity. In Wiley v. … if the officer’s ‘conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’

John Leslie Chapman v. Wyoming Department of Corrections, Wyoming Medium Correctional Institution, Robert O. Lampert, Director, Steve Hargett, Warden, Kelli Dolan, CPL Property Officer

2016 WY 5 · Wyoming Supreme Court · Jan 15, 2016

Qualified immunity is applicable unless the official’s conduct violated a clearly established constitutional right. Id., 555 U.S. at 232, 129 S.Ct. at 815-16. … Summary judgment was therefore appropriate. [¶23] Again, using the analysis for qualified immunity above, Chapman fails to show there is clearly established law that would put Cpl.

Moore v. Evans

124 N.C. App. 35 · Court of Appeals of North Carolina · Oct 15, 1996

Generally, qualified immunity protects public officials from personal liability for performing discretionary functions to the extent that such conduct “ ‘does not violate clearly established statutory or constitutional rights … In order to establish the existence of an official’s right to the defense of qualified immunity, one must (1) identify the specific right allegedly violated; (2) determine whether that right was clearly established; and (

Smyser v. City of Peoria

215 Ariz. 428 · Court of Appeals of Arizona · Jun 12, 2007

Nothing in Clouse suggests that the legislature had authority to grant either absolute or qualified immunity only to the state; clearly, the opinion upholds the legislature’s authority with respect to “public entities and … He noted that "common law immunity of the state’s subgovernmental units was not recognized or established *434 for all units or for all purposes.

Richard

District Court, D. Connecticut · Dec 31, 2025

immunity. … Hollins, 297 F.3d 108, 113 n.1 (2d Cir. 2002) (Once a court “decide[s] that there is no constitutional violation, there typically is no need to address whether defendants are also protected by qualified immunity.”).

Parkway Bank & Trust v. City of Darien

43 Ill. App. 3d 400 · Appellate Court of Illinois · Nov 17, 1976

On this basis an award of damages against public officials with qualified immunity “would be inimical to the efficient functioning of government.” (Rasmussen v. City of Lake Forest, 404 F. Supp. 148, 159 .) … Supp. 148, 159 , states that even where government officials are granted qualified immunity they are still absolutely immune “to damages in the absence of malice ° * * whenever at the time of the action a substantial question

Frank Snider, III v. Matthew Peters

752 F.3d 1149 · Court of Appeals for the Eighth Circuit · May 30, 2014

Qualified immunity shields government officials from liability and the burdens of litigation in a § 1983 action unless the official's conduct violates a clearly established constitutional or statutory right of which a reasonable … ; and (2) the right was clearly established at the time of the deprivation."

Griffin v. City of Clanton, Ala.

932 F. Supp. 1359 · District Court, M.D. Alabama · Jul 1, 1996

Qualified immunity protects an officer where a “reasonable officer could have believed [the arrest] to be lawful, in light of clearly established law and the information the [arresting] officers possessed.” … Because this standard establishes no bright line, qualified immunity applies unless clearly established law would inevitably lead every reasonable officer to conclude that the force used was excessive.

Alan D. Whatley v. Robert E. Philo

817 F.2d 19 · Court of Appeals for the Fifth Circuit · May 18, 1987

GEE, Circuit Judge: This § 1988 case presents the question whether the plaintiff has vitiated the defendants’ qualified immunity defense. … The defendants asserted their qualified immunity defense. The district court dismissed on summary judgment, 1 on the basis that Whatley had failed to overcome the immunity defense.

Haley Olson v. County of Grant

127 F.4th 1193 · Court of Appeals for the Ninth Circuit · Feb 10, 2025

immunity because any constitutional violation was not clearly established. … Though Carpenter violated Olson’s Fourth Amendment rights, the law was not clearly established at the time, thus entitling Carpenter to qualified immunity. A.