Case law

Inouye v. Kemna

504 F.3d 705 · Court of Appeals for the Ninth Circuit · Oct 3, 2007

Qualified immunity from civil suit is available to government officials performing discretionary functions “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … The district court suggests that Kerr did not provide adequate notice because the court there granted qualified immunity, holding that the law was not yet clearly established.

Jon Frudden v. Kayann Pilling

877 F.3d 821 · Court of Appeals for the Ninth Circuit · Dec 11, 2017

Clearly Established Law We apply a two-part analysis in qualified immunity cases. Pauluk v. Savage, 836 F.3d 1117, 1121 (9th Cir. 2016). … A right is clearly established for purposes of qualified immunity only where 22 FRUDDEN V.

Case v. Eslinger

555 F.3d 1317 · Court of Appeals for the Eleventh Circuit · Jan 29, 2009

The doctrine of qualified immunity provides that “government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established … To invoke qualified immunity, the official first must establish that he was acting within the scope of his discretionary authority. Bates, 518 F.3d at 1242.

Carey v. Inslee

364 F. Supp. 3d 1220 · District Court, W.D. Washington · Mar 11, 2019

This does not mean that the subjective good faith defense is coextensive with qualified immunity. … For example, in a situation where a broad constitutional holding may or may not apply to a novel fact pattern, qualified immunity would apply if it was not "clearly established" that the holding extended to the new scenario

Prince v. Sheriff of Carter County

28 F.4th 1033 · Court of Appeals for the Tenth Circuit · Mar 14, 2022

immunity analysis with respect to Miller is whether the constitutional right at issue was clearly established. … Because this right is clearly established in the context of Bowker’s specific conditions, Miller is not entitled to summary judgment on qualified immunity grounds.

Trackwell v. County of Lancaster

Nebraska Court of Appeals · Oct 6, 2020

The trial court found that Kelly and Lacey had qualified immunity against Trackwell’s § 1983 claim because he did not demonstrate the deprivation of a clearly established constitutional right. … To survive a summary judgment motion based on qualified immunity grounds, a plaintiff must assert a violation of a constitutional right, show that this right is clearly established, and raise an issue of material fact as

Estiverne v. Esernio-Jenssen

833 F. Supp. 2d 356 · District Court, E.D. New York · Dec 23, 2011

Qualified immunity shields government officials from liability for constitutional violations when their “conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have … Qualified immunity A.E.’s Fourth Amendment right against unreasonable investigatory testing has been clearly established since at least Tenenbaum , in 1999.

Thomas Moran v. Anne Marie Clark

359 F.3d 1058 · Court of Appeals for the Eighth Circuit · Feb 26, 2004

Appellants assert that the law was not clearly established. … Katz, 533 U.S. 194, 202 (2001), the fact remains that qualified immunity is reserved for state -4- officials whose conduct is objectively reasonable in light of the clearly established

Mitchell v. Cole

176 Mich. App. 200 · Michigan Court of Appeals · Apr 3, 1989

In determining if there is qualified immunity, the court considers: 1) whether the alleged conduct establishes a constitutional violation, and 2) whether the constitutional standard was clearly established at the time in … If the undisputed facts show that the defendant’s conduct violated no clearly established constitutional standards, qualified immunity applies as a matter of law.

Shimomura v. Carlson

17 F. Supp. 3d 1120 · District Court, D. Colorado · Feb 14, 2014

Qualified Immunity. … Shimomura has met the first prong of the qualified immunity test by establishing that no probable cause existed to support the arrest. 2. Clearly Established Right.

Peppers v. Coates

694 F. Supp. 1562 · District Court, N.D. Georgia · Jun 30, 1988

If plaintiff’s allegations prove true, then Cozart has violated clearly established constitutional rights and he is not entitled to qualified immunity. … Therefore, Ewing is not entitled to qualified immunity.

David Allen v. Charles McClelland, Jr.

815 F.3d 239 · Court of Appeals for the Fifth Circuit · Mar 9, 2016

DEFENDANTS ARE ENTITLED TO QUALIFIED IMMUNITY “The doctrine of qualified immunity shields officials from civil liability so long as their conduct ‘does not violate clearly established statutory or constitutional rights … A plaintiff can overcome a qualified immunity defense by showing “(1) that the official violated a statutory or constitutional right, and (2) that the right was ‘clearly established’ at the time of the challenged conduct.

Eaton v. Estabrook

Court of Appeals for the Second Circuit · Jul 9, 2025

immunity because it was not clearly established at the time that his actions were unconstitutional. … Qualified immunity applies unless (1) the official violated the plaintiff’s statutory or constitutional right, and (2) that “right was ‘clearly established’ at the time of the challenged conduct.” Ricciuti v.

Luster v. Ledbetter

647 F. Supp. 2d 1303 · District Court, M.D. Alabama · Aug 10, 2009

Whether the Eclectic officers are entitled to qualified immunity Chief Ledbetter, Assistant Chief Miles, and Officer Renfroe also argue that they are entitled to qualified immunity on all claims. … Ferraro, 284 F.3d 1188, 1199 (11th Cir.2002) (denying qualified immunity based on clearly excessive force where officer slammed suspect into car after she had been handcuffed); Priester v.

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.

Beltran v. City of El Paso

367 F.3d 299 · Court of Appeals for the Fifth Circuit · Apr 15, 2004

In the absence of a violation of a clearly established constitutional right, Amador is entitled to qualified immunity as a matter of law. c. … of the clearly established legal rules at the time of the incident, and qualified immunity protects her from any civil liability.

Arreola v. City of Fort Worth

District Court, N.D. Texas · Jun 19, 2020

Qualified Immunity “Because qualified immunity is an immunity from suit rather than a mere defense to liability,” it is important to resolve “immunity questions at the … Ochsendorf further argues that the Fifth Circuit law is “far from clearly established” as to any such claim. Id.

Moye v. Selsky

826 F. Supp. 712 · District Court, S.D. New York · Jul 2, 1993

Qualified Immunity The standards for invoking the qualified immunity defense in the Second Circuit are well established. … Public officials are entitled to qualified immunity from liability for damages if their conduct does not violate a clearly established statutory or constitutional right. Weg v.

Sweatt v. Bailey

876 F. Supp. 1571 · District Court, M.D. Alabama · Jan 31, 1995

Clearly Established Law The court now turns to the clearly established law prong of the qualified immunity test. … Because it is not clearly established that the first amendment places constraints on nonfeasance, however, the court grants Bailey qualified immunity on this claim. b.

Dexter Harmon v. Officer Dexter Payne, Assistant Director, Arkansas Department of Correction; Officer James Gibson, Warden, Varner Unit; Officer James Shipman, Deputy Warden, Varner Unit; Officer Yolanda Clark, Food Service Department; Officer Laquista Swopes, Correctional Officer

592 S.W.3d 619 · Supreme Court of Arkansas · Jan 16, 2020

Under that standard, Appellees are entitled to statutory immunity unless they transgress “clearly established statutory or constitutional rights of which a reasonable person would have known.” See Rainey v. … The factual allegations within the complaint failed to establish an exception to sovereign immunity and avoid statutory immunity.