Case law

Nurre v. Whitehead

520 F. Supp. 2d 1222 · District Court, W.D. Washington · Sep 20, 2007

Whitehead to qualified immunity as an individual defendant, for the record, the Court also grants defendant’s motion for summary judgment on qualified immunity for the separate reason that it was not clearly established that … Similarly, the Court concludes that defendant is entitled to qualified immunity on plaintiffs Establishment Clause claim because the Court has been unable to find authority clearly establishing that defendant was acting with

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

Connie Reguli v. Tracy Hetzel

Court of Appeals for the Sixth Circuit · Jun 16, 2026

For qualified immunity, we ask whether the defendant violated clearly established law. See Wesby, 583 U.S. at 63. … Page 14 Hetzel receive qualified immunity because their conduct didn’t violate clearly established law. See Wesby, 583 U.S. at 63.

Dellairo v. Garland

222 F. Supp. 2d 86 · District Court, D. Maine · Sep 4, 2002

Rennie, 264 F.3d 86, 113 (1st Cir.2001) (“Qualified immunity protects state actors ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which … In other words, it is possible that Garland violated Dellairo’s clearly established constitutional rights but is immune from suit because it was objectively reasonable for him to do so because the unlawfulness of his actions

Boyd v. Robeson County

169 N.C. App. 460 · Court of Appeals of North Carolina · Apr 5, 2005

Qualified Immunity The detention officers next argue that summary judgment should have been granted on the § 1983 claims based on qualified immunity. 4 *479 The United States Supreme Court has held that “[t]he threshold inquiry … a court must undertake in a qualified immunity analysis is whether plaintiffs allegations, if true, establish a constitutional violation.”

In re: Allen v.

Court of Appeals for the Fourth Circuit · Apr 2, 1997

We hold, therefore, that an official who performs an act clearly established to be beyond the scope of his discretionary authority is not entitled to claim qualified immunity under § 1983. … established for qualified immunity purposes."

Williamson v. Mills

65 F.3d 155 · Court of Appeals for the Eleventh Circuit · Sep 27, 1995

An official sued as an individual is entitled to qualified immunity, and therefore summary judgment, if his conduct "does not violate clearly established statutory or constitutional … Qualified immunity shields Mills against a claim of arrest without probable cause if a "reasonable officer could have believed [the arrest] to be lawful, in light of clearly established law and the information the [arresting

Jensen v. Brown

131 F.4th 677 · Court of Appeals for the Ninth Circuit · Mar 10, 2025

The Administrators were not entitled to qualified immunity because it was clearly established at the time that a professor has a right to * This summary constitutes no part of the opinion of the court. … Because “it is not possible to determine at this stage as a matter of law that [Jensen] has not alleged a violation of clearly established law,” the Administrators are not entitled to qualified immunity at the pleading stage

McGory v. Metcalf

665 So. 2d 254 · District Court of Appeal of Florida · Nov 3, 1995

The next inquiry is whether the law allegedly violated was clearly established at the time of *259 the incident. … If the law was clearly established, the immunity defense ordinarily should fail, since a reasonably competent public official should know the law governing his conduct. Harlow v.

Weaver v. Brenner

40 F.3d 527 · Court of Appeals for the Second Circuit · Oct 26, 1994

Clearly Established Right The threshold issue in deciding whether a public official is entitled to qualified immunity is, as noted, whether the federal right was clearly established at the time the alleged violation occurred … relevant rights to have been clearly established in 1989 is affirmed.

Sammy Ussery v. Mansfield

786 F.3d 332 · Court of Appeals for the Fourth Circuit · May 19, 2015

As the parties agree, the law clearly established at the time of the extraction governs the entitlement to qualified immunity here. Further, they agree that Norman v. … summary judgment on the basis of qualified immunity would be entirely unreviewable if the defendant officers conceded that Ussery’s version of the facts would establish that the officers violated clearly established law.

J.L. v. Barnes

33 A.3d 902 · Superior Court of Delaware · Jun 17, 2011

and qualified immunity. … Qualified Immunity When State actors or employees are sued in their individual capacities, they are exempt from liability (known as “qualified immunity”) pursuant to the STCA when: (1) the alleged act or failure to act arises

Trammell v. Thomason

559 F. Supp. 2d 1281 · District Court, M.D. Florida · Jun 3, 2008

“In this Circuit, the law can be “clearly established” for qualified immunity purposes only by decisions from the U.S. … Thus, the Court turns to the next sequential step in a qualified immunity analysis, which is to determine whether the right was “clearly established.” Was the right clearly established?

Christina Romero v. Amanda Brown

937 F.3d 514 · Court of Appeals for the Fifth Circuit · Aug 29, 2019

The court held that a violation of the right to family integrity was not clearly established in the context of a social worker investigation, entitling both Brown and Mouton to qualified immunity. … Those allegations do not establish that the officers violated clearly established law.

Bevill v. Wheeler

103 F.4th 363 · Court of Appeals for the Fifth Circuit · May 30, 2024

The doctrine of qualified immunity “shields public officials sued in their individual capacities ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … As noted above, once an official asserts the defense of qualified immunity, the plaintiff must show that “(1) the official violated a statutory or constitutional right, and (2) the right was ‘clearly established’ at the time

United States v. Albert Tantalo

680 F.2d 903 · Court of Appeals for the Second Circuit · Jun 3, 1982

Defense counsel urged that since the appellant had provided immunized testimony before the grand jury, the Government was called upon to present evidence to the court to establish not only an independent basis for the indictment … The district court’s ruling which upheld the indictments, without calling upon the government to establish that the evidence it proposed to present at the trial was untainted by the appellant’s immunized testimony, was in

Wray v. Painter

791 F. Supp. 2d 419 · District Court, E.D. Pennsylvania · Mar 28, 2011

Qualified Immunity In his Motion for Summary Judgment, Defendant asserts he is entitled to qualified immunity because he did not violate a clearly established law of which a reasonable officer in his position would have known … The Right Was Clearly Established at the Time of the Violation Under the second prong of the qualified immunity test, the Court must determine whether the right violated was clearly established at the time of the violation

East Coast Novelty Co., Inc. v. City of New York

809 F. Supp. 285 · District Court, S.D. New York · Dec 17, 1992

clearly established’ at the time it was taken.” … But, [e]ven where the law is “clearly established” and the scope of an official’s permissible conduct is “clearly defined,” the qualified immunity defense also protects an official if it was “objectively reasonable” for him

Tonkovich v. Kansas Board of Regents

159 F.3d 504 · Court of Appeals for the Tenth Circuit · Oct 26, 1998

II, doc. 7 at 679 (Dean Jerry entitled to qualified immunity because his actions did not violate clearly established constitutional rights); see also id. vol. … Pages and pages of facts are no substitute for citations to clearly established law. Nor can they meet Professor Tonkovich’s burden on qualified immunity.

McCaslin v. Wilkins

17 F. Supp. 2d 840 · District Court, W.D. Arkansas · Jun 10, 1998

A court must measure the objective reasonableness of a Defendant’s conduct by reference to clearly established law. “No other ‘circumstances’ are relevant to the issue of qualified immunity.” Davis v. … that were ‘clearly established’ at the time it was taken.”