Case law

Chrissy F., by Her Next Friend and Guardian Ad Litem Donna Medley v. Mississippi Department of Public Welfare

925 F.2d 844 · Court of Appeals for the Fifth Circuit · Mar 8, 1991

defendant violated clearly established law. … to qualified immunity.

Mee v. Ortega

967 F.2d 423 · Court of Appeals for the Tenth Circuit · Jun 18, 1992

Accordingly, “summary judgment in favor of a defendant seeking qualified immunity is appropriate only if the constitutional standards governing the challenged conduct were not clearly established.” Rex v. … Ortega on the basis of qualified immunity. “[T]he plaintiff cannot simply identify a clearly established right in the abstract and allege that the defendant has violated it.” Hilliard v.

Michael C. v. Gresbach

526 F.3d 1008 · Court of Appeals for the Seventh Circuit · May 19, 2008

The defendants responded that their conduct did not violate any clearly established constitutional rights, and that therefore they were protected by qualified immunity. Both parties moved for summary judgment. … If the right was “clearly established,” the official is not entitled to qualified immunity from suit. A.

Mulero-Carrillo v. Roman-Hernandez

790 F.3d 99 · Court of Appeals for the First Circuit · Jun 17, 2015

right was "clearly established" at the time of the alleged violation. … AFFIRMED. 5 The district court also decided the qualified immunity issue by finding that there was no plausible deprivation of a clearly established constitutional right. -18-

Vives v. City of New York

305 F. Supp. 2d 289 · District Court, S.D. New York · Nov 24, 2003

Are the Detectives Entitled to Qualified Immunity? … Coughlin, 137 F.3d 68, 74 (2d Cir.1998) (reversing grant of qualified immunity where the right was clearly established at the time of the alleged violation, but there was some doubt as to whether a “reasonable official would

Lelieve v. Oroso

846 F. Supp. 2d 1294 · District Court, S.D. Florida · Feb 14, 2012

Therefore, the burden shifts to Lelieve to demonstrate that Belfort violated a clearly established statutory or constitutional right to overcome the qualified-immunity defense. B. Alleged Constitutional Violations 1. … In sum, Lelieve has not met his burden to demonstrate that Belfort violated a clearly established statutory or constitutional right to overcome the qualified-immunity defense.

Nolin v. Town of Springville

45 F. Supp. 2d 894 · District Court, N.D. Alabama · Mar 22, 1999

“For the law to be clearly established to the point that qualified immunity does not apply, the law must have earlier been developed in such a concrete and factually defined context to make it obvious to all *907 reasonable … In Lewis , the Supreme Court clarified the rationale behind resolving the substantive issues in a qualified immunity case before addressing the question of whether the law was clearly established at the time of the violation

Florida Fish & Wildlife Conservation Commission v. Jeffrey

178 So. 3d 460 · District Court of Appeal of Florida · Oct 20, 2015

Accordingly, because the challenged order in this case denied Officer Johnson’s claim of qualified immunity, he has established the jurisdictional prerequisite of irreparable harm necessary to obtain review of the order … A law enforcement officer is entitled to qualified immunity from a false arrest claim under § 1983 if the evidence establishes that the officer had probable cause to make the arrest. See Vermette v.

Ryan v. Burlington County

889 F.2d 1286 · Court of Appeals for the Third Circuit · Nov 21, 1989

The Freeholders raise two defenses against Ryan’s suit: absolute immunity and qualified immunity. … , then those officials must be held accountable for instances where their actions violate clearly established rights.

Olaniyi v. District of Columbia

416 F. Supp. 2d 43 · District Court, District of Columbia · Feb 17, 2006

However, the officers are entitled to qualified immunity from suit “insofar as their conduct does not violate clearly established ... constitutional rights of which a reasonable person would have known.” … “The threshold inquiry a court must undertake in a qualified immunity analysis is whether [the] plaintiffs allegations, if true, establish a constitutional violation.” Hope v.

Lawny Lamar Browning v. Richard A. Vernon, Director Ron McKinsey

44 F.3d 818 · Court of Appeals for the Ninth Circuit · Jan 10, 1995

Vernon and McKinsey contend that they are entitled to qualified immunity from damages because the allegations in the complaint do not constitute violations of a clearly established liberty interest protected by the Due Process … clearly established?

Culberson v. Clay County

98 F.4th 281 · Court of Appeals for the Fifth Circuit · Apr 8, 2024

“The second prong of the qualified-immunity analysis asks whether the right in question was ‘clearly established’ at the time of the violation.” Id. at 656 (quoting Hope v. Pelzer, 536 U.S. 730, 739 (2002)). … Furthermore, even if Culberson had used Brown to argue there was a violation of clearly established law, that case did not address whether jail staff were entitled to qualified immunity because only the supervising sheriff

Ali v. Reno

237 F.3d 591 · Court of Appeals for the Sixth Circuit · Jan 10, 2001

Clearly, her journey back to Syria and then to the United States did not constitute flight from persecution. … Furthermore, she clearly established significant ties in Denmark, even though she did not reside in that country for an extended length of time. 1 *596 In addition, the Danish authorities’ declaration that they are no longer

Doherty v. Rutgers School of Law-Newark

651 F.2d 893 · Court of Appeals for the Third Circuit · Jun 16, 1981

The affidavits clearly show that plaintiff would not have been admitted to any of the law schools even if no minority group members had been admitted. … He clearly was qualified for admission and the trial court so found. Bakke v. Regents of the University of California, slip op. at 5, No. 31287 (Calif.Super.Ct.

Ellis v. Vance

227 F. Supp. 3d 627 · District Court, N.D. Mississippi · Jan 3, 2017

As discussed below, plaintiffs failure to offer more specific authority means that she is unable to establish the “clearly established” prong of the qualified immunity test, but it also makes it exceedingly difficult for … This court now turns to the second, or “clearly established,” prong of the qualified immunity standard. The U.S.

Bagg v. University of Texas Medical Branch at Galveston

726 S.W.2d 582 · Court of Appeals of Texas · Jan 8, 1987

However, to protect officials from groundless section 1983 suits, the federal courts have recognized what is known as qualified good faith immunity. … “[Government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a

Coleman v. Rieck

253 F. Supp. 2d 1101 · District Court, D. Nebraska · Mar 24, 2003

Qualified Immunity Qualified immunity shields governmental officials from personal liability if their actions, even if unlawful, were “nevertheless objectively reasonable in light of the clearly established law at the time … The officers may still be entitled to qualified immunity if Coleman’s rights were not clearly established at the time of the incident.

Baldwin v. Estherville

333 F. Supp. 3d 817 · District Court, N.D. Iowa · Sep 14, 2018

In those jurisdictions, there cannot be liability unless the defendant violated "clearly established ... constitutional rights of which a reasonable person would have known." … In my prior ruling, as to qualified immunity to the federal constitutional clam, I concluded that it was not clearly established that Baldwin's conduct-operating his ATV in a ditch that was publicly-owned property-did not

Cardenas-Ornelas v. Johnson

Court of Appeals for the Ninth Circuit · Jan 29, 2026

JOHNSON 3 meaningful opportunities for recreation was clearly established. … Qualified immunity shields government officials performing discretionary functions “from liability for civil damages” when “their conduct does not violate clearly established statutory or constitutional rights of which a

Jewellean S. Mangaroo v. Ivory v. Nelson

864 F.2d 1202 · Court of Appeals for the Fifth Circuit · Feb 8, 1989

Government officials sued in their individual capacities for money damages are entitled to qualified immunity from liability insofar as their conduct does not violate a clearly-established constitutional right of which a … Without expressing any view on whether she actually had a property interest in her position, we hold, for the purposes of our qualified-immunity analysis, that it was not clearly established, at the time of her demotion,