Case law

Ram v. Rubin

118 F.3d 1306 · Court of Appeals for the Ninth Circuit · Jul 2, 1997

under the doctrine of qualified immunity. … When an official asserts qualified immunity, we apply a two-part analysis: “1) Was the law governing the official’s conduct clearly established?

Merchant v. Fairfax County, Va.

778 F. Supp. 2d 636 · District Court, E.D. Virginia · Apr 11, 2011

Yet, this does not end the qualified immunity analysis. The second step of the inquiry requires determining whether the constitutional right violated was “clearly established” in the specific context presented here. … Merchant — -was clearly established. Therefore, Officer Bauer is not entitled to summary judgment based on qualified immunity. 14 *650 B.

Putnam v. Davies

169 F.R.D. 89 · District Court, S.D. Ohio · Sep 26, 1996

QUALIFIED IMMUNITY Both Plaintiff and Defendants have moved for summary judgment on the issue of the availability of qualified immunity to shield Defendants from liability for damages. … 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 person

Harris v. G.K.

187 So. 3d 871 · District Court of Appeal of Florida · Feb 24, 2016

Analysis Qualified immunity shields a government actor from personal liability when his conduct does not violate clearly established rights. See Anderson v. … The burden then shifts to the plaintiff to prove that the defendant’s conduct violated clearly established statutory or constitutional rights. Harlow, 457 U.S. at 818, 102 S. Ct. 2727. Becker v.

Lintz v. Skipski

807 F. Supp. 1299 · District Court, W.D. Michigan · Nov 25, 1992

However, the qualified immunity doctrine shields government officials performing discretionary functions from civil damages liability provided their conduct “does not violate clearly established statutory or constitutional … Skipski violated a clearly established constitutional right. Therefore, her motion will be granted based upon the doctrine of qualified immunity.

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.

C.A. v. Lowndes County Department of Family & Children Services

93 F. Supp. 2d 744 · District Court, N.D. Mississippi · Mar 13, 2000

The first inquiry in examining a defense of qualified immunity is whether the plaintiff has alleged “the violation of a clearly established constitutional right.” Siegert v. … As such, the Defendants are entitled to qualified immunity because the constitutional right to be free from state-created dangers was not, and is not, clearly established in this jurisdiction.

Roe v. Hamilton County Department of Human Services

53 Ohio App. 3d 120 · Ohio Court of Appeals · Jul 6, 1988

“clearly established statutory or constitutional rights of which a reasonable person would have known.” … a qualified immunity is appropriate, they should have an opportunity to show whether any clearly established constitutional or statutory standards were violated.

Brittany Ruffin v. Kevin Davis

Court of Appeals for the Fourth Circuit · Apr 29, 2026

qualified immunity.” … The “right need not be recognized by a court in a specific factual context before such right may be considered ‘clearly established’ for purposes of qualified immunity.” Wilson v.

Anthony Davila v. Robin Gladden

777 F.3d 1198 · Court of Appeals for the Eleventh Circuit · Jan 9, 2015

Here, we begin and end our qualified immunity analysis with the second question—whether it was clearly established at the time of the incident that the Defendants violated Mr. Davila’s constitutional rights. … Campos does not therefore clearly establish a right under RFRA in the Eleventh Circuit. For those reasons, these Defendants are entitled to qualified immunity. So even if Mr.

Caron v. Hester, et al.

2001 DNH 206 · District Court, D. New Hampshire · Nov 13, 2001

Qualified Immunity. … To qualify as a clearly established right, “the law must have defined the right in a quite specific manner, and . . . the announcement of the rule establishing the right must have been unambiguous and widespread, such

NAACP of San Jose/ Silicon Valley v. City Of San Jose

District Court, N.D. California · Aug 3, 2023

Emmons, 139 S.Ct. 500, 27 503 (2019). 1 district framed the relevant qualified immunity question as “whether it was clearly 2 established that an officer … immunity on the ground that the law is not clearly 16 established every time a novel method is used to inflict injury.”

Thomas Noon v. Mayor John Smedley

94 F.4th 759 · Court of Appeals for the Eighth Circuit · Mar 4, 2024

Smedley and Kerns claim they are entitled to qualified immunity. … As with every qualified immunity analysis, we are tasked with a two-part inquiry to determine (1) whether a constitutional violation occurred, and (2) whether the right in question was clearly established at the time of the

Velasquez v. Audirsch

574 F. App'x 476 · Court of Appeals for the Fifth Circuit · Jul 3, 2014

Qualified immunity protects governmental officials from liability so long as their conduct “does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … In this context, “qualified immunity turns ... on whether it was then ‘clearly established that the circumstances with which’ the officer ‘was confronted did not constitute probable cause and exigent circumstances.’ ” Pierce

Adams v. Thompson

560 F. Supp. 894 · District Court, M.D. Louisiana · Apr 14, 1983

Qualified immunity now depends on the objective reasonableness of an official’s conduct, as measured by reference to clearly established law, not upon malice or other subjective factors. Harlow v. … Since it is clear that qualified or “good faith” immunity is an affirmative defense, Gomez v.

Crane v. City of Arlington

50 F.4th 453 · Court of Appeals for the Fifth Circuit · Sep 30, 2022

“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 … The second step of the qualified immunity inquiry is asking “whether the violated constitutional right was clearly established at the time of the violation.” 58 The purpose of this inquiry is to determine whether the

(PS) Machado v. Lizarraga

District Court, E.D. California · Jul 9, 2020

Qualified Immunity 26 Lastly, defendants argue that they are immune from liability under the doctrine of 27 qualified immunity. … Cal. 2010) (denying to dismiss complaint on 9 qualified immunity grounds because it could not be clearly determined on the face of complaint, 10 but declaring that the ground could be raised through summary judgment).

Rico L. Mitchell v. Lt. Smith

10 F.4th 1226 · Court of Appeals for the Eleventh Circuit · Aug 26, 2021

We review de novo the district court’s decision to deny qualified immunity on a motion to dismiss, accepting the factual allegations in the complaint as true 1 The district court also denied qualified immunity to a fourth … So to defeat a qualified immunity defense, a plaintiff must establish two things: (1) that officials violated a federal statutory or constitutional right, and (2) that their conduct was clearly established as unlawful at

Fidelity Security Life Insurance v. State

191 Ariz. 222 · Arizona Supreme Court · Feb 19, 1998

That section provides in relevant part: Qualified Immunity A. … were dismissed on the pleadings under the doctrine of absolute immunity, we do not reach the question of qualified immunity.

Heidemann v. Rother

84 F.3d 1021 · Court of Appeals for the Eighth Circuit · Jul 1, 1996

For reversal, all of the defendants, including Joy, argue that they are entitled to qualified immunity as a matter of law because plaintiffs have failed to allege a violation of any clearly established constitutional or federal … In Behrens, the defendant, an official with the Federal Home Loan Bank Board, had moved for summary judgment on qualified immunity grounds, arguing that his actions had not violated any clearly established right.