Case law

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.

Renee Gustafson v. William Adkins

803 F.3d 883 · Court of Appeals for the Seventh Circuit · Oct 16, 2015

Adkins is Not Entitled to Qualified Immunity   Adkins  also  argues  that  the  district  court  erred  in  deny‐ ing his motion for summary judgment based on the defense  of qualified immunity.  … The  doctrine  of  qualified  immunity  “‘protects  govern‐ ment  officials  from  liability  for  civil  damages  when  their  conduct does not violate clearly established statutory or con‐ stitutional  rights  of  which

Nevarez v. Dorris

135 F.4th 269 · Court of Appeals for the Fifth Circuit · Apr 18, 2025

Thus, no law clearly established the Fourth Amendment violation alleged by Plaintiffs at the time the warrants were sought, so the Troopers are entitled to qualified immunity. … Qualified Immunity The majority concludes that Julie is unable to show a clearly established right under the second prong of 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.

Gutierrez v. Massachusetts Bay Transportation Authority

437 Mass. 396 · Massachusetts Supreme Judicial Court · Aug 2, 2002

Qualified immunity. … Although the defendants claim qualified immunity as to all claims, the only remaining claim to which qualified immunity may , apply is Daniella’s excessive force claim.

Bowser v. Smith

314 F. Supp. 3d 30 · Court of Appeals for the D.C. Circuit · May 22, 2018

Bowser's *32 pleadings fail to carry his burden to state a claim of violation of clearly established law, and that his claims must therefore be dismissed on qualified immunity grounds. … Smith violated the Constitution, qualified immunity fails only if his conduct violated clearly established law in those particular circumstances. Pearson , 555 U.S. at 232 , 129 S.Ct. 808 .

Estate of Redd v. Love

62 F. Supp. 3d 1268 · District Court, D. Utah · Oct 15, 2014

Qualified Immunity Defendants contend that they are entitled to qualified immunity. … Agent Barnes is entitled to qualified immunity on this claim.

Wilbert Glover v. R. Paul

78 F.4th 1019 · Court of Appeals for the Eighth Circuit · Aug 24, 2023

On appeal, Paul maintains that he is entitled to qualified immunity. … Qualified immunity protects governmental officials from suit under 42 U.S.C. § 1983 unless a plaintiff shows that the official’s alleged conduct violated a clearly established right of the plaintiff. See Harlow v.

Mildred I. Goyco De Maldonado v. Jose A. Rivera, Etc.

849 F.2d 683 · Court of Appeals for the First Circuit · Jun 9, 1988

Where qualified immunity is the issue, the relevant query is whether, at the time of the challenged employment action, “it was clearly established that employees in the particular positions at issue, in light of the responsibilities … , qualified immunity shields that conduct.

Bradford v. City of Seattle

557 F. Supp. 2d 1189 · District Court, W.D. Washington · Apr 4, 2008

A public official who performs a discretionary function enjoys qualified immunity in a civil action for damages, provided that his or her conduct does not violate clearly established federal statutory or constitutional rights … The Supreme Court has established a two-part test for determining whether an official is entitled to qualified immunity.

Troy Lee Douthit v. Clarence Jones, Sheriff, Dallas County, Texas, and W. H. McCallum

619 F.2d 527 · Court of Appeals for the Fifth Circuit · Jun 20, 1980

The Qualified Immunity Defense. … Thus the immunity defense is not available to officials if the constitutional right allegedly infringed by them was clearly established at the time of their challenged conduct, if they knew or should have known of that right

Lassiter v. Alabama A & M University, Board of Trustees

3 F.3d 1482 · Court of Appeals for the Eleventh Circuit · Oct 7, 1993

Since the contract was ambiguous, the court reasoned, it was not clearly established that the contract created a property interest. This decision reflects a misunderstanding of qualified immunity. … Because the law was clearly established, the qualified immunity doctrine cannot shield the individual capacity defendants from suit.

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.

Green v. Post

574 F.3d 1294 · Court of Appeals for the Tenth Circuit · Aug 7, 2009

Because we held that the law was not clearly established at the time of the accident, however, we held that the officer was entitled to qualified immunity. … immunity because the law was not clearly established at the time of the incident.

Massaro v. Town of Trumbull

525 F. Supp. 2d 302 · District Court, D. Connecticut · Dec 13, 2007

Qualified immunity shields police officers acting in their official capacity from suits for damages ... unless their actions *307 violate clearly-established rights of which an objectively reasonable official would have known … The defendants are therefore entitled to qualified immunity.

Roth v. Guzman

650 F.3d 603 · Court of Appeals for the Sixth Circuit · Jun 13, 2011

Qualified immunity protects government officials and employees performing discretionary functions “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … Relying on the Eleventh Circuit decision in Collier affirming the denial of qualified immunity to state officials for disclosures under the DPPA, the district court concluded that the plain language of the DPPA clearly established

Santos v. Zabbara

984 F. Supp. 2d 106 · District Court, E.D. New York · Oct 28, 2013

Qualified Immunity Qualified immunity shields Defendants, as “government officials performing discretionary functions,” from liability for damages under Section 1983 “insofar as their conduct does not violate clearly established … “An officer conducting a search is entitled to qualified immunity where clearly established law does not show that the search violated the Fourth Amendment.” Pearson, 555 U.S. at 243-44 , 129 S.Ct. 808 .

Grendell v. Gillway

974 F. Supp. 46 · District Court, D. Maine · Jul 11, 1997

immunity and, consequently, the question of whether this right was clearly established at the time Gillway acted. … qualified immunity.

Gardner v. Evans

811 F.3d 843 · Court of Appeals for the Sixth Circuit · Feb 4, 2016

In determining whether a defendant is entitled to qualified immunity, we consider two questions: First, did the defendant violate a constitutional right? And second, were the contours of that right clearly established? … notice requirement was clearly established.

Williams v. Commonwealth Of Kentucky

24 F.3d 1526 · Court of Appeals for the Sixth Circuit · May 26, 1994

qualified immunity issues. … III. 69 Defendants are not entitled to qualified immunity on Williams' First Amendment claim. It was clearly established that the speech Williams cites as the reason for her demotion addressed matters of public concern.