Case law

McClennon v. Kipke

821 F. Supp. 2d 1101 · District Court, D. Minnesota · Oct 31, 2011

Seizing on Chambers, the Individual Defendants argue they are entitled to qualified immunity here because (1) McClennon suffered only de minimis injuries and (2) it was not clearly established on December 20, 2006, that inflicting … to qualified immunity on the excessive-force claim.

Anthony C. Greene v. Jack Barber, Edward Hillyer, Victor Gillis, William Hegarty, and the City of Grand Rapids, Michigan

310 F.3d 889 · Court of Appeals for the Sixth Circuit · Nov 8, 2002

Qualified Immunity for the Arrest Mr. … “If no constitutional right would have been violated were the allegations established, there is no necessity for further inquiries concerning qualified immunity.”

Albert Hansen v. Ryan Aper

Court of Appeals for the Sixth Circuit · Aug 21, 2018

App’x 479, 484 (6th Cir. 2015) (reviewing a denial of qualified immunity to determine whether a prisoner’s constitutional right was clearly established). … Indisputably, the right to be free from “excessively forceful handcuffing” is clearly established for qualified immunity purposes. Kostrzewa v. City of Troy, 247 F.3d 633, 641 (6th Cir. 2001); see also O’Malley v.

Joseph Rome v. Eugene Burden, Michel Cabello, Angela Phillips, and Sareta Davis

Texas Court of Appeals, 3rd District (Austin) · Oct 31, 2002

Qualified immunity is an affirmative defense. We need only reach this issue if there is a clearly established statutory or constitutional right violated. Rome has not alleged any violation of a statutory right. … Furthermore, as Rome did not establish the predicate constitutional violation, we need not reach the issue of qualified immunity.

Vázquez v. Surillo-Ruiz

76 F. Supp. 3d 381 · District Court, D. Puerto Rico · Jan 7, 2015

Qualified Immunity Individual-capacity Defendants now request permission from the Court to don the protective armor of qualified immunity. … : that individual-capacity Defendants’ alleged conduct violated a “clearly established” constitutional right.

Rodeman v. Foster

767 F. Supp. 2d 1176 · District Court, D. Colorado · Mar 16, 2011

Once defendants asserted qualified immunity, the burden shifted to plaintiff to show the violation of a clearly established right. See Powell v. … no material facts remain in dispute that would defeat his or her claim of qualified immunity.”).

Jerry Hollingsworth and Kenneth Anderson v. Kim Hackler, Individually and as Next Friend for C. H., a Minor, and Steve Hackler, Individually and as Next Friend for C. H., a Minor

Texas Court of Appeals, 2nd District (Fort Worth) · Dec 31, 2009

of qualified immunity shields an official performing discretionary functions from individual liability for civil damages under § 1983 if the official’s “conduct does not violate clearly established statutory or constitutional … ’s conduct violated a clearly established statutory or constitutional right.18 A right is “clearly established” when its contours are “sufficiently clear that a reasonable official would understand that what he is doing

Hampton v. Oktibbeha County Sheriff Department

480 F.3d 358 · Court of Appeals for the Fifth Circuit · Mar 6, 2007

establishing that the official’s allegedly wrongful conduct violated clearly established law.” … If the plaintiff fails to state a constitutional claim or if the defendant’s conduct was objectively reasonable under clearly established law, then the government official is entitled to qualified immunity.

Koch v. Rugg

221 F.3d 1283 · Court of Appeals for the Eleventh Circuit · Aug 11, 2000

clearly established law." … violate clearly established law.").

Smith v. Crockett

District Court, D. Colorado · Aug 3, 2023

Wang’s conclusion that an inmate’s First Amendment right to a diet conforming to his sincerely held religious beliefs was clearly established since at least 2002; in other words, it is clearly established Tenth Circuit … City of Las Cruces, 584 F.3d 888, 895–902 (10th Cir. 2009) (qualified immunity unavailable at summary judgment where the plaintiff’s version of the facts, if believed, would constitute a violation of a clearly established

Aiken v. Nixon

236 F. Supp. 2d 211 · District Court, N.D. New York · Sep 30, 2002

Qualified Immunity — General Qualified immunity is available only to defendants in their individual capacities and only on that much of the claims seeking monetary damages. Lewis v. … The Court concludes that he is entitled to qualified immunity on this claim.

CAREPARTNERS, LLC v. Lashway

545 F.3d 867 · Court of Appeals for the Ninth Circuit · Sep 25, 2008

If the right was not clearly established at the time of the violation, the official is entitled to qualified immunity. 6 Id. A. … Therefore, the First Amendment rights advanced by CarePartners were clearly established for the purpose of evaluating the State employees’ qualified immunity defense.

Sunn v. City & County of Honolulu

852 F. Supp. 903 · District Court, D. Hawaii · May 19, 1994

have believed that their conduct did not violate clearly established law. … Qualified immunity requires that in light of clearly established principles governing the conduct in question, the officer objectively could have believed his conduct was lawful. Anderson v.

Almonte v. City of Long Beach

478 F.3d 100 · Court of Appeals for the Second Circuit · Feb 14, 2007

Qualified Immunity Based on the “Policymaker Exception” The doctrine of qualified immunity shields public officials from personal liability for official actions, “unless their conduct violates clearly established constitutional … Stated differently, an official is entitled to qualified immunity (1) if the plaintiff has not alleged a violation of a constitutional right, (2) if that right was not clearly established at the time of the conduct, or (3

Wynn v. Morgan

861 F. Supp. 622 · District Court, E.D. Tennessee · Jul 8, 1994

However, the Sixth Circuit noted, the defendants may assert the defense of qualified immunity to the extent that their conduct “does not violate clearly established statutory or constitutional rights of which a reasonable … were “clearly established” at the time the actions were taken.

Jack McLaurin v. Keith Morton and Roger Marriott

48 F.3d 944 · Court of Appeals for the Sixth Circuit · Mar 3, 1995

qualified immunity question ... … [defendant] actually did commit acts that would violate -a clearly established right, then summary judgment on qualified immunity is improper.” Black, 4 F.3d at 445 .

Pesek v. City of Brunswick

794 F. Supp. 768 · District Court, N.D. Ohio · Jul 2, 1992

right asserted is clearly established. … violated a clearly established constitutional right.

Hardy v. Rabie

Court of Appeals for the Tenth Circuit · Aug 4, 2025

To overcome qualified immunity, a right must be clearly established such that “a reasonable official would understand that what he is doing violates that right.” Truman, 1 F.4th at 1235 (citation omitted). … In my view, Deputy DeHerrera’s alleged violation of the Constitution wouldn’t have been clearly established; and the absence of a clearly established violation would trigger qualified immunity.

Slone v. Lincoln County

242 F. Supp. 3d 579 · District Court, E.D. Kentucky · Mar 16, 2017

Generally, a government official performing discretionary functions is entitled to qualified immunity in his individual capacity and is shielded from civil suit if his conduct does not violate clearly established statutory … whether that right was clearly established at the time of the offense.

Cox v. Fischer

248 F. Supp. 3d 471 · District Court, S.D. New York · Mar 31, 2017

Qualified Immunity “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 … The Court concludes that Officer Murphy is not entitled to qualified immunity on this claim. 1.