Case law

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.

Davis v. Hodgkiss

11 F.4th 329 · Court of Appeals for the Fifth Circuit · Aug 25, 2021

The first such determination is “that a certain course of conduct would, as a matter of law, be objectively unreasonable in light of clearly established law.” Id. … The officer will be entitled to qualified immunity if no constitutional violation occurred or if the conduct “did not violate law clearly established at the time.” Id.

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.

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

Peter Bistrian v. Troy Levi

912 F.3d 79 · Court of Appeals for the Third Circuit · Dec 28, 2018

Qualified immunity, again, was not available because the right to be free from punitive detention was already clearly established at the time. Id. at 707. … Once again, qualified immunity was not justified, the Court said, because the right against retaliation was clearly established at the time. Id. at 711-12.

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

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.

Villarreal v. City of Laredo

17 F.4th 532 · Court of Appeals for the Fifth Circuit · Nov 1, 2021

The district court dismissed her First Amendment infringement claim against various officials on qualified immunity grounds, finding that any violation was not clearly established at the time. … of clearly established law.

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.

Fairman v. Konteh

361 F. Supp. 2d 704 · District Court, N.D. Ohio · Mar 23, 2005

Qualified Immunity Qualified immunity protects “government officials performing discretionary functions ... from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … If so — if the constitutional right was clearly established, the defendant cannot maintain the defense of qualified immunity. C.

Norman v. Ingle

Court of Appeals for the Fifth Circuit · Aug 15, 2025

When a defendant appeals a denial of summary judgment based on qualified immunity, we “have interlocutory jurisdiction to determine whether [the plaintiff’s] summary judgment facts state a claim under clearly established … has the burden of showing that qualified immunity is unavailable because they violated at least one clearly established constitutional right.

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

Hoard v. Sizemore

198 F.3d 205 · Court of Appeals for the Sixth Circuit · Nov 17, 1999

immunity, i.e., whether a given set of facts violates clearly established law.” … violated clearly established law.

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

J.M.M. v. Hernandez

151 F. Supp. 3d 1125 · District Court, D. Nevada · Dec 7, 2015

Qualified Immunity under Section 1983 Qualified immunity-shields state actors from monetary liability under *1132 § 1983 unless (1) the facts alleged by the plaintiff establish a violation of the plaintiffs constitutional … rights and (2) the constitutional right in question was “clearly established” when the alleged misconduct occurred. 49 A state official enjoys qualified immunity if she “reasonably believes that [her] conduct complies with

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.

Griffin, Jr. v. Garrison

2011 DNH 008 · District Court, D. New Hampshire · Jan 13, 2011

Garrison is Entitled to Qualified Immunity. … A government official is entitled to qualified immunity from personal liability if the challenged “‘conduct [did] not violate clearly established statutory or constitutional rights of which a reasonable person would have

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

Dean v. Earle

866 F. Supp. 336 · District Court, W.D. Kentucky · Oct 28, 1994

legal rules that were “clearly established” at the time the actions were taken. … Thus, Officer Ward did not violate Dean’s clearly established constitutional rights and is immune from monetary liability under § 1983.

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.