Case law

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 .

Roska v. Peterson

328 F.3d 1230 · Court of Appeals for the Tenth Circuit · Apr 29, 2003

Id. at 341 , 106 S.Ct. 1092 . 67 At the same time, where the right is clearly established, a defendant should only "rarely" be able to succeed with a qualified immunity defense. 27 V-1 Oil Co. v. … Amendment principle was "clearly established."

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.

Jared Fishman v. DC

Court of Appeals for the D.C. Circuit · Aug 11, 2026

The district court denied the officers qualified immunity, ruling that clearly established law required the officers to release Fishman before they did. … For qualified-immunity purposes, the question is whether the officers’ actions were so manifestly unreasonable as to violate clearly established Fourth Amendment principles.

Potts v. Holt

13 F. Supp. 3d 445 · District Court, M.D. Pennsylvania · Apr 8, 2014

The following discussion underscores why it would be impermissible for us to conclude that the relevant law was clearly established in anything like a manner that would vitiate a qualified immunity defense. … of the qualified immunity analysis.

Hopkins v. O'CONNOR

282 Conn. 821 · Supreme Court of Connecticut · Jul 3, 2007

Charlotte Hungerford Hospital, supra, 272 Conn. 790 (noting that distinction between qualified immunity and absolute immunity is that persons protected by latter immunity are not hable for malicious “conduct and statements … Ed. 2d 288 (1967) (police officer sued for false arrest under 42 U.S.C. § 1983 has only qualified immunity).

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

Martínez-Rodríguez v. Guevara

597 F.3d 414 · Court of Appeals for the First Circuit · Mar 1, 2010

First, they assume that Defendants are protected by qualified immunity rather than absolute immunity. … The qualified immunity doctrine protects federal and state officials from civil liability in the performance of "discretionary functions . . . insofar as their conduct does not violate clearly established statutory or

Stokes v. Gann

498 F.3d 483 · Court of Appeals for the Fifth Circuit · Aug 29, 2007

“Qualified” or “good faith” immunity shields government officials performing discretionary functions from liability “unless their conduct violates ‘clearly established statutory or constitutional rights of which a reasonable … objectively unreasonable in the light of the clearly established law at the time of the incident.

Mlodzinski Ex Rel. J.M. v. Lewis

648 F.3d 24 · Court of Appeals for the First Circuit · Jun 2, 2011

Under the doctrine of qualified immunity, police officers are protected “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … The qualified immunity question before us is whether a reasonably competent officer could have thought, even mistakenly, that in light of the clearly established law at the time, it was reasonable to keep plaintiffs in handcuffs

Levi Wilson v. Scott Lamp

901 F.3d 981 · Court of Appeals for the Eighth Circuit · Aug 28, 2018

They agree that this court may review the denial of qualified immunity if the issue “is a purely legal one: whether the facts alleged . . . support a claim of violation of clearly established law.” See Pace v. … Government actors have qualified immunity as a shield against litigation if their actions do not “violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v.

Gutierrez v. Municipal Court of the Southeast Judicial District

838 F.2d 1031 · Court of Appeals for the Ninth Circuit · Jan 27, 1988

Clearly Established in General In Harlow v. … The Court then set forth its “clearly established” test.

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.

Pratt Ex Rel. Estate of Pratt v. Harris County

822 F.3d 174 · Court of Appeals for the Fifth Circuit · May 3, 2016

“The doctrine of qualified immunity shields officials from civil liability so long as their conduct ‘does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’ … “In order to overcome a qualified immunity defense, a plaintiff must allege a violation of a constitutional right, and then must show that ‘the right was clearly established ... in light of the specific context of the case

Henry Lyons v. F. Wayne Vaught

781 F.3d 958 · Court of Appeals for the Eighth Circuit · Mar 24, 2015

We have jurisdiction over the denial of a motion to dismiss based on qualified immunity, including “whether a particular complaint sufficiently alleges a clearly established violation of law.” Ashcroft v. … established’ for purposes of the . . . qualified immunity standard.”

Tomashek v. Raleigh Cnty. Emergency Operating Ctr.

344 F. Supp. 3d 869 · United States District Court · Sep 26, 2018

Under the doctrine of qualified immunity, "[g]overnmental officials performing discretionary functions are shielded from liability for money damages so long 'as their conduct does not violate clearly established statutory … As such, the plaintiff has failed to demonstrate the violation of a constitutional right, and Meadows and Johnson are entitled to qualified immunity. The court need not address whether the right was clearly established.

Jones v. United States of America

934 F. Supp. 2d 284 · District Court, District of Columbia · Mar 31, 2013

Qualified Immunity Officer Kadiev asserts the defense of qualified immunity. Qualified immunity is “an immunity from suit rather than a mere defense to liability.” Hunter v. … Qualified immunity shields government officials “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have

Olivo Gonzalez v. Teacher's Retirement Board

208 F. Supp. 2d 163 · District Court, D. Puerto Rico · Jun 12, 2002

Plaintiffs counter by arguing that the doctrine of qualified immunity does not protect the Defendants from a violation of clearly established constitutional or statutory rights, and that the Court should not abstain pursuant … Qualified Immunity Defendants invoke the doctrine of qualified immunity in support of their motion to dismiss.

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.

Davis v. Unified Sch. Dist. No. 512

335 F. Supp. 3d 1230 · District Court, D. Kansas · Aug 15, 2018

Qualified Immunity Defendants assert that they are entitled to qualified immunity because at the time of the alleged violation, the law did not clearly establish that reassigning plaintiff to teach at SMW constituted adverse … To defeat the qualified immunity defense, plaintiff must show that on the facts of this case, the law clearly established that the reassigning her to teach at SMW constituted adverse employment action.