Case law

Alan Beaman v. Dave Warner

776 F.3d 500 · Court of Appeals for the Seventh Circuit · Jan 13, 2015

An official is entitled to qualified immunity for conduct that does not violate clearly established statutory or constitu- 14 No. 14-1195 tional rights of which a reasonable … The second question in the qualified immunity analysis is whether the right at issue was clearly established at the time and under the circumstances presented.

Parkulo v. West Virginia Board of Probation & Parole

199 W. Va. 161 · West Virginia Supreme Court · Feb 11, 1997

for official acts if the involved conduct did not violate clearly established laws of which a reasonable official would have known. … acts if the involved conduct did not violate clearly established laws of which a reasonable official would have known.

Bonny Edward Taylor v. Henry P. Hughes

920 F.3d 729 · Court of Appeals for the Eleventh Circuit · Apr 3, 2019

Constitutional claims and qualified immunity Qualified immunity shields “government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … There are two parts to the qualified-immunity analysis: (1) the relevant facts must set forth a violation of a constitutional right, and (2) the defendant must have violated a constitutional right that was clearly established

In re Covid-Related Restrictions on Religious Services

Supreme Court of Delaware · Aug 1, 2024

Section 1983 and Qualified Immunity. … A plaintiff’s burden under qualified immunity does not end when a constitutional violation is pinpointed; it rests on whether the official should have known that their actions violated a clearly established constitutional

Moore v. Indehar

514 F.3d 756 · Court of Appeals for the Eighth Circuit · Feb 1, 2008

However, under the doctrine of qualified immunity, a police officer is entitled to dismissal of such an action if his “conduct does not violate clearly established statutory or constitutional rights of which a reasonable … before a court can determine whether it was clearly established.”

Anthony Wayne Hardigree v. Marc Lofton

992 F.3d 1216 · Court of Appeals for the Eleventh Circuit · Apr 6, 2021

Immunity is appropriate so long as “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … Once an official asserting qualified immunity establishes that he was acting within his discretionary authority—which is not in question here—the burden shifts to the plaintiff to show that qualified immunity is improper

(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).

Geraldine Livermore, Personal Representative for the Estate of Roland E. Rohm, Deceased v. Daniel Lubelan and Jerry Ellsworth

476 F.3d 397 · Court of Appeals for the Sixth Circuit · Feb 7, 2007

by the plaintiff constitute a violation of clearly established law.”). … To defeat qualified immunity, the plaintiff *404 must show that the defendant had notice that the manner in which the force was used had been previously proscribed: [T]here is no doubt that [precedent] clearly establishes

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.

Andrade v. Board of County Commissioners

Court of Appeals for the Tenth Circuit · May 3, 2021

Where, as here, the defendants have asserted a qualified-immunity defense, the plaintiffs must show “(1) that the official violated a statutory or constitutional right, and (2) that the right was clearly established at … to qualified immunity.”

Eric Wenzel v. Carl Storm

899 F.3d 598 · Court of Appeals for the Eighth Circuit · Aug 9, 2018

Qualified immunity shields a law enforcement officer from liability in a § 1983 action unless the officer’s conduct violates a clearly established constitutional or statutory right of which a reasonable person would have … An officer is entitled to qualified immunity “unless (1) the evidence, viewed in the light most favorable to the plaintiff, establishes a violation of a constitutional or statutory right, and (2) the right was clearly established

Clyde Weiler v. James Purkett Leah Embly

137 F.3d 1047 · Court of Appeals for the Eighth Circuit · Mar 2, 1998

DISCUSSION Qualified immunity shields government actors from suit when, “a reasonable officer could have believed [the challenged act] to be lawful, in light of clearly established law and the information the [defendants … Contours of the Right as “Clearly Established” Normally, a determination that the plaintiff has failed to allege a violation of a constitutional right ends the qualified immunity inquiry. See, e.g., Thomas v.

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 .

Tasha Williamson v. City of National City

23 F.4th 1146 · Court of Appeals for the Ninth Circuit · Jan 24, 2022

Qualified immunity shields a police officer from liability for civil damages under Section 1983 “unless the officer[] violated a clearly established constitutional right.” Monzon v. … Thus, the qualified-immunity analysis involves two prongs: (1) whether the officer’s conduct violated a constitutional right, and (2) whether that right “was clearly established at the time of the events at issue.” Id.

COWAN v. SCHARFENBERG

District Court, D. New Jersey · Aug 4, 2025

Div. 2024). 20 Defendants argue that qualified immunity also bars Plaintiffs’ malicious prosecution claim. … Evanson, 615 F.3d 197, 223 (3d Cir. 2010) (stating that the defendant bears “[t]he burden of establishing entitlement to qualified immunity”). 28 future event . . .

Greene v. Cabral

323 F. Supp. 3d 96 · District Court, District of Columbia · Jun 15, 2018

"An official sued under § 1983 is entitled to qualified immunity unless it is shown that the official violated a statutory or constitutional right that was 'clearly established' at the time of the challenged conduct." … For a right to have been clearly established, such that qualified immunity does not shield an official from liability, "the right's contours [must have been] sufficiently definite that any reasonable official *107 in the

Lightfoot v. Floyd

667 So. 2d 56 · Supreme Court of Alabama · Aug 4, 1995

Henson and Chief Smith and the qualified immunity of Investigator Floyd. … Lightfoot has stated a cause of action for conversion against Investigator Floyd and Floyd did not establish that he was entitled to qualified immunity as a matter of law, the summary judgment for Floyd on this claim was

Basile v. Elizabethtown Area School District

61 F. Supp. 2d 392 · District Court, E.D. Pennsylvania · Aug 12, 1999

The Supreme Court established the standard for qualified immunity in Harlow v. … (a) were clearly established.

Jonathan Turmon v. Charles Jordan, Individually, and Red Roof Inns, Incorporated

405 F.3d 202 · Court of Appeals for the Fourth Circuit · Apr 25, 2005

The doctrine of qualified immunity shields law enforcement officers performing discretionary duties “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … Because Jordan violated Turmoris Fourth Amendment right to be free from unreasonable seizures and because that right was clearly established on March 10, 2001, Jordan is not entitled to qualified immunity on the illegal seizure

Ellis v. Salt Lake City Corporation

Court of Appeals for the Tenth Circuit · Aug 5, 2025

was clearly established. … The second qualified immunity prong asks whether the law in question was clearly established at the time of the defendant’s conduct.