Case law

Daniel v. City of Colorado Springs

327 P.3d 891 · Supreme Court of Colorado · May 19, 2014

While a vehicle is not absolutely necessary to play golf, a parking lot next to a golf course clearly promotes golfing. … City & Cnty. of Denver, 13 P.3d 794, 799 (Colo.2000) (taking the allegations in the complaint as true for the purposes of determining whether the injured party established that a public entity waived immunity under the CGIA

Judge v. Shikellamy School District

135 F. Supp. 3d 284 · District Court, M.D. Pennsylvania · Sep 28, 2015

In determining whether a constitutional right was clearly established, a broad and generalized, declaration that a clearly established federal right was violated is insufficient. See Anderson v. … Put another way, for the purposes of the qualified immunity analysis, a right is considered clearly established if “it would be clear to a reasonable officer, that his conduct was unlawful in the situation he confronted.”

Anna Chernyy v. Monty Roesler

Court of Appeals for the Eighth Circuit · Aug 11, 2026

We assume these facts are true, but they do not affect our finding that Moore is entitled to qualified immunity because he did not violate clearly established law. 3 Chernyy also argues that “sexual assault … Moore is similarly entitled to qualified immunity for the failure to train claim because he did not violate any clearly established right “of which a reasonable person would have known.” Parrish v.

Jones v. Hunt

410 F.3d 1221 · Court of Appeals for the Tenth Circuit · Jun 14, 2005

The district court dismissed her claims against Haberman on the basis of qualified immunity, finding that Haberman’s actions did not amount to a seizure and that, even if they did, the law was not clearly established at … established law, the district court granted Haberman’s motion to dismiss on the basis of qualified immunity.

Ducksworth v. Landrum

62 F.4th 209 · Court of Appeals for the Fifth Circuit · Mar 10, 2023

Here, as in all qualified immunity cases, the plaintiff must show (A) the violation of a constitutional right that (B) was clearly established at the time of the officers’ conduct. … Qualified immunity protects a law enforcement officer from personal liability in a lawsuit unless a plaintiff shows that the officer’s conduct violates a clearly established constitutional right.

Alto v. City of Chicago

863 F. Supp. 658 · District Court, N.D. Illinois · Aug 25, 1994

Qualified immunity will apply to an officer’s alleged misconduct unless (1) the plaintiffs constitutional rights were violated, and (2) these rights were “clearly established” at the time the alleged violation occurred. … Because the court could not find such actions clearly unreasonable under the circumstances, qualified immunity was appropriate. Id.

Tlamka v. Serrell

244 F.3d 628 · Court of Appeals for the Eighth Circuit · Apr 2, 2001

A. 9 Qualified immunity protects a governmental official from suit when his "conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known." Sexton v. … was clearly established at the time of the alleged violation."

Flora v. Sw. Iowa Narcotics Enforcement Task Force

292 F. Supp. 3d 875 · District Court, S.D. Iowa · Feb 12, 2018

Qualified Immunity Standard "Qualified immunity shields a government official from liability and the burdens of litigation unless the official's conduct violates a clearly established constitutional or statutory right of … immunity because her advice contravened clearly established law.

Palmieri v. Clark County

2015 NV 102 · Nevada Supreme Court · Dec 31, 2015

Ct. 305, 308 (2015) ("The doctrine of qualified immunity shields officials from civil liability so long as their conduct does not violate clearly established .. … A searching officer is entitled to qualified immunity if "a reasonable officer could have believed" that the search was lawful "in light of clearly established law and the information

Hicks v. Phipps

765 F. Supp. 1541 · District Court, W.D. Virginia · Feb 5, 1990

Public officials have qualified immunity under the rule of Harlow v. … Therefore, Vanover is entitled to qualified immunity from Mrs. Hicks’ claim for civil damages.

Allah v. Brown

351 F. Supp. 2d 278 · District Court, D. New Jersey · Oct 26, 2004

Qualified Immunity Even if a plaintiff can establish a constitutional violation, under the doctrine of qualified immunity government officials will not be liable if “[tjheir conduct does not violate clearly established statutory … If the law is not established clearly when an official acts, he is entitled to qualified immunity because he “could not reasonably be expected to anticipate subsequent legal developments.”

Suddith v. UNIVERSITY OF SOUTHERN MISS.

977 So. 2d 1158 · Court of Appeals of Mississippi · Jul 31, 2007

Qualified or "good faith" immunity "shields state officials from liability unless their conduct violates `clearly established statutory or constitutional rights of which a reasonable person would have known.'" … As discussed in the next section of this opinion, Suddith fails to establish that there has been a violation of a clearly established constitutional right.

Reiver v. District of Columbia

925 F. Supp. 2d 1 · District Court, District of Columbia · Feb 22, 2013

Since the Court finds that the police conduct was objectively reasonable and did not violate plaintiff’s clearly established rights, the officers are protected by the doctrine of qualified immunity, and the motion will … “The doctrine of qualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable

Sidney Arnold v. Steven Williams

979 F.3d 262 · Court of Appeals for the Fifth Circuit · Oct 23, 2020

pleading the defense of qualified immunity.’” … In this case, Arnold broadly addressed qualified immunity in his original complaint by alleging that Deputy Williams “knowingly violated” “clearly established law.”

King's Grant Inn v. Gilford, et al.

2005 DNH 022 · District Court, D. New Hampshire · Feb 16, 2005

qualified immunity from liability for enforcing it. … Because the contours of the legal right defendants violated were not clearly established at the time they acted, the individual defendants are entitled to qualified immunity from personal liability, and they are entitled

Kane ex rel. K.J. v. Chester County Department of Children, Youth & Families

10 F. Supp. 3d 671 · District Court, E.D. Pennsylvania · Mar 31, 2014

The CYF Motion to Dismiss next argues that the discretionary conduct of the CYF defendants is protected by the doctrine of qualified immunity because plaintiff has not pleaded a right that was so clearly established that … clearly established statutory or constitutional rights of which a reasonable person would have known.’ ” James v.

Kamel Chaney-Snell v. Andrew Young

98 F.4th 699 · Court of Appeals for the Sixth Circuit · Apr 15, 2024

Page 25 clearly established right at the second step of the qualified-immunity analysis. … Besides, Chaney-Snell could not overcome the second step of the qualified-immunity test by using these cases. Unpublished decisions cannot create clearly established rights.

Crenshaw v. Lister

556 F.3d 1283 · Court of Appeals for the Eleventh Circuit · Feb 6, 2009

Turning to the issue of qualified immunity and, after finding that Crenshaw had to establish the violation of a clearly-established right, the court concluded that, under Crenshaw’s version of the facts, “no reasonable … Qualified Immunity “Qualified immunity shields government officials from liability for civil damages for torts committed while performing discretionary duties unless their conduct violates a clearly established statutory

Brenda Mattox and Dona Holly v. City of Forest Park Stephen Vollmar, Police Chief Ray Hodges and Kenneth Hughes

183 F.3d 515 · Court of Appeals for the Sixth Circuit · Aug 11, 1999

immunity, i.e., whether a given set of facts violates clearly established law. … First Amendment Retaliation The qualified immunity inquiry entails a determination of whether the law allegedly violated was “clearly established” at the time of the events at issue.

Parrish v. Ball

594 F.3d 993 · Court of Appeals for the Eighth Circuit · Feb 10, 2010

Qualified immunity shields government officials from liability in their individual capacity so long as the official has not violated “clearly established statutory or constitutional rights of which a reasonable person would … was clearly established at the time of the deprivation.”