Case law

Brown v. Fogle

819 F. Supp. 2d 23 · District Court, District of Columbia · Oct 18, 2011

Qualified immunity is “a defense that shields officials from suit if their conduct ‘d[id] not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’ ” Bame v. … "If no constitutional right would have been violated were the allegations established, there is no necessity for further inquiries concerning qualified immunity." Id.

Ronald C. Denius v. Wayne Dunlap and Gary Sadler 1

209 F.3d 944 · Court of Appeals for the Seventh Circuit · Apr 11, 2000

If the rights were not clearly established, then the official is immune from suit and the claim is dismissed. See Richardson v. … for which Dunlap cannot receive qualified immunity.

William T. Broderick v. Francis Roache, Arthur Morgan, Jr.

996 F.2d 1294 · Court of Appeals for the First Circuit · Jun 18, 1993

Tirado-Delgado, 982 F.2d 34, 38 (1st Cir.1993) (awarding defendant qualified immunity from damage claim because the implicated constitutional right was not clearly established at the time of the complained of acts). … Intent and Qualified Immunity Morgan’s first argument, that the question of his intent is immaterial to the qualified immunity analysis, is premised upon a broad reading of certain language in Harlow .

Villages, LLC v. Longhi

166 Conn. App. 685 · Connecticut Appellate Court · Jul 5, 2016

plaintiff filed an objection to the defendant’s motion in which it contended that neither qualified immunity, governmental immunity, nor absolute immunity barred its claims against the defendant given the intentional nature … 52-557n (c), which provides qualified immunity for uncompensated members of munici- pal commissions and boards.

Michael O'Connell v. Christopher Thieneman

Court of Appeals of Kentucky · Dec 19, 2025

Thus, in addition to proving each of these elements, O’Connell’s qualified official immunity imposes upon Thieneman the additional burden of showing that the Law Day remarks … Rather, our decision is based solely on the application of qualified immunity. -6- BRIEFS FOR APPELLANT: BRIEF FOR APPELLEE: Joseph Klausing Alan J.

Ferreira v. Westchester County

917 F. Supp. 209 · District Court, S.D. New York · Jan 19, 1996

Immunity Defense 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 … The Court of Appeals for the Eighth Circuit held that defendants were not entitled to qualified immunity because the right — to be protected from warrantless searches absent probable cause — was clearly established.

Malik v. Arapahoe County Department of Social Services

191 F.3d 1306 · Court of Appeals for the Tenth Circuit · Sep 14, 1999

support a conclusion that Coleman’s actions were outside the scope of absolute immunity, and that both defendants’ actions violated clearly established law. … clearly established at the time of the defendant’s actions.”

Fletcher v. United States Parole Commission

550 F. Supp. 2d 30 · District Court, District of Columbia · May 6, 2008

In conducting the qualified immunity analysis, the Court assumed that the facts alleged by Fletcher would establish a violation of the Ex Post Facto Clause, and focused its inquiry on whether, under “clearly established” … Finding that the law was not clearly established on this issue at the time his reparole was denied in 2000, the Court held that qualified immunity applied. Id.

Ahearn v. Vose

64 Mass. App. Ct. 403 · Massachusetts Appeals Court · Sep 2, 2005

Qualified immunity. … Having considered whether there was an Eighth Amendment violation, we next consider, for purposes of qualified immunity analysis, whether the constitutional right violated was clearly established at the time.

P.G.S. v. S. Hendricks

Commonwealth Court of Pennsylvania · Jul 8, 2025

qualified immunity. … With respect to qualified immunity, this Court applies that doctrine to state officers when considering federal law violations and will be found if an official’s conduct does not violate clearly established rights which a

Jeffrey Joseph v. Kurt Schmiedeskamp

Court of Appeals for the Eighth Circuit · Jul 23, 2025

He must also overcome qualified immunity, which “shields government officials from liability when their conduct does not violate clearly established constitutional rights of which a reasonable person would have known.” … Schmiedeskamp maintains on appeal that he is entitled to qualified immunity because he didn’t violate Joseph’s clearly established rights.

Ralph Thomas v. Frank O. Gunter Karen Shortridge, Superintendent Robert Houston, Associate Superintendent

103 F.3d 700 · Court of Appeals for the Eighth Circuit · Jan 8, 1997

operation of penal institutions, enjoy qualified immunity. … The proper inquiry in the present case, therefore, is whether the free exercise of religion within a penal setting is a clearly established right. It has been “clearly established” since Cruz v.

Crystal Thompson v. Andrew Dill

930 F.3d 1008 · Court of Appeals for the Eighth Circuit · Jul 23, 2019

A government official is entitled to qualified immunity on a § 1983 claim unless (1) "the facts shown by the plaintiff make out a violation of a constitutional or statutory right," and (2) the "right was clearly established … When the denial is based on qualified immunity, however, we have limited jurisdiction to decide the purely legal issue of whether the alleged facts support a claim of violation of clearly established law. See Raines v.

Whitlock v. Brown

596 F.3d 406 · Court of Appeals for the Seventh Circuit · Feb 24, 2010

Brown disputes this and also argues he is entitled to qualified immunity. … were unconstitutional in light of clearly established law?

Nicholas George v. William Rehiel

738 F.3d 562 · Court of Appeals for the Third Circuit · Dec 24, 2013

We therefore need not proceed to the second step of the qualified immunity analysis to determine whether that right was clearly established at the time of the challenged conduct. See Scott v. … valid First Amendment claim and that, even if he had, he had not alleged a violation of a clearly established constitutional right and so they were entitled to qualified immunity.

Lynch v. City of Boston

989 F. Supp. 275 · District Court, D. Massachusetts · Dec 9, 1997

A defense of qualified immunity ordinarily fails where the law that was violated was clearly established, “since a reasonably competent public official should know the law governing his conduct.” … depends on the concept of a “clearly established” right.

Stodghill v. Wellston School District

512 F.3d 472 · Court of Appeals for the Eighth Circuit · Jan 9, 2008

The SAB members moved to dismiss the claim on the basis of qualified immunity. … The SAB members sought qualified immunity.

Tellier v. Fields

230 F.3d 502 · Court of Appeals for the Second Circuit · Nov 1, 2000

of clearly established rights. … Judge improperly rejected defendants’ qualified, immunity defense because Tellier failed to allege a violation of a clearly established constitutional right.

Diamond v. Owens

131 F. Supp. 3d 1346 · District Court, M.D. Georgia · Sep 14, 2015

Whether the Constitutional Right was Clearly Established Lewis is not entitled to qualified immunity if clearly established law gave her fair warning her conduct violated Diamond’s Eighth Amendment right to be protected from … Whether the Constitutional Right was Clearly Established Lewis is not entitled to qualified immunity if clearly established law gave her fair warning her failure to train subordinates was unlawful.

Dahly v. DCFS

876 So. 2d 1245 · District Court of Appeal of Florida · Jul 2, 2004

Qualified immunity from a federal civil rights claim means that government officials performing discretionary functions are shielded from personal liability for civil damages insofar as their conduct does not violate clearly … Geoghegan, 702 So.2d 517, 526 (Fla. 2d DCA 1997) (describing the two-step analysis of a qualified immunity defense).