Case law

Wilson v. Zellner

200 F. Supp. 2d 1356 · District Court, M.D. Florida · Mar 26, 2002

immunity because Plaintiff has failed to establish that the alleged constitutional right was clearly established at the time of Zellner’s actions. … Under this prong of the qualified immunity analysis the issue is whether it was clearly established at the time of Defendant Zellner’s actions that it was unlawful for a prison official to detain a prisoner for a period of

Leisure v. City of Cincinnati

267 F. Supp. 2d 848 · District Court, S.D. Ohio · May 6, 2003

Qualified Immunity for Defendant Roach Qualified immunity is a doctrine that protects “government officials acting in their official capacities from damages if their actions did not violate clearly established statutory or … The second step in qualified immunity analysis is to ask whether the alleged constitutional violations were clearly established at the time of the shooting of Timothy Thomas.

Calderon v. State of Kansas

24 F. Supp. 2d 1138 · District Court, D. Kansas · May 22, 1998

Under the doctrine of qualified immunity, government officials are shielded from liability if “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have … “In analyzing qualified immunity claims, we first ask if a plaintiff has asserted the violation of a constitutional right at all, and then assess whether the right was clearly established at the time of a defendant’s actions

Fittanto v. Klein

788 F. Supp. 1451 · District Court, N.D. Illinois · Mar 18, 1992

Because the law in 1984 and 1985 was not clearly established, the court held that the defendants who interviewed the children were entitled to qualified immunity. Id. … Because the law in this area is not clearly established, defendant Klein is entitled to qualified immunity for her conduct. Plaintiffs counter that this case is remarkably like Snell v.

Kareem Abdul Jihaad A/K/A Mitchell X. Robinson, Jr., Cross v. Joseph O'brien, Cross-Appellee

645 F.2d 556 · Court of Appeals for the Sixth Circuit · Apr 9, 1981

We reverse the judgment of the district court, however, upon our determination that the defendant established his right to qualified good faith immunity. B. … O’Brien enforced a regulation which was valid on its face and offended no “clearly established” constitutional right.

Williams v. Fedor

69 F. Supp. 2d 649 · District Court, M.D. Pennsylvania · Aug 4, 1999

established,” *673 qualified immunity to the law enforcement officers was granted. … Although the right against self-incrimination is itself clearly established, Perschau is nevertheless entitled to qualified immunity ‘[so long as his] decision was reasonable, even if mistaken.’

Brown v. City of Golden Valley

574 F.3d 491 · Court of Appeals for the Eighth Circuit · Jul 22, 2009

Qualified immunity shields government officials from liability in a § 1983 action unless the official’s conduct violates a clearly established constitutional or statutory right of which a reasonable person would have known … Our second inquiry in considering the denial of qualified immunity is whether the right violated was clearly established. Whether the facts alleged support such a claim is a legal question for the court to decide.

Barber v. Rounds

Court of Appeals for the Fifth Circuit · Mar 9, 2026

The doctrine of qualified immunity protects government officials “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … Second, we must determine “whether the right was clearly established.” Id.

Rhodes v. Smithers

939 F. Supp. 1256 · District Court, S.D. West Virginia · Sep 15, 1995

Qualified Immunity. … Qualified Immunity.

Kenney v. Hawaii

109 F. Supp. 2d 1271 · District Court, D. Hawaii · Jul 31, 2000

To determine whether a defendant is entitled to the defense of qualified immunity, a court must (1) identify the right allegedly violated; (2) determine whether the right was clearly established at the time of the violation … That right is clearly established. See Kelley, 60 F.3d at 667 .

Cardall v. Thompson

845 F. Supp. 2d 1182 · District Court, D. Utah · Jan 11, 2012

After the defendant contends that qualified immunity applies, the plaintiff must prove that the defendant violated his rights, as protected by clearly established law. V-1 Oil Co. v. … Clearly Established Even if the decision to tase Brian was unconstitutional, summary judgment on the basis of qualified immunity is still appropriate if the unconstitutionality of the tasing was not “clearly established”

Michael Durham v. David Horner

690 F.3d 183 · Court of Appeals for the Fourth Circuit · Aug 8, 2012

Hence, our qualified immunity defense involves a “two-step” inquiry, asking “first whether a constitutional violation occurred and second whether the right violated was clearly established.” Id. … Having concluded that Durham has no "viable § 1983 claim, we need not determine whether any rights [he] asserted were 'clearly established' for purposes of qualified immunity.” See Lambert v.

Brown v. City of Huntsville, Ala.

608 F.3d 724 · Court of Appeals for the Eleventh Circuit · Jun 7, 2010

Qualified Immunity “Qualified immunity offers complete protection for government officials sued in their individual capacities if their conduct ‘does not violate clearly established statutory or constitutional rights … Courts utilize a two-part framework to evaluate qualified immunity claims.14 One inquiry in a qualified immunity analysis is whether the plaintiff’s allegations, if true, establish a constitutional violation. Hope v.

Don Waldrop v. David C. Evans, Frank Fodor, M.D., T.G. Smith, M.D.

871 F.2d 1030 · Court of Appeals for the Eleventh Circuit · Apr 28, 1989

The court then concluded that be *1034 cause a prisoner’s right to psychiatric care was clearly established under the Eighth Amendment, appellants could not rely on the defense of qualified immunity. Id. at 846-47 . … violation of clearly established law.

Kane v. Lewis

989 F. Supp. 2d 468 · District Court, D. Maryland · Dec 20, 2013

However, the principle itself — as well as its purposes to protect the safety of the officers and the occupants— could not be more clearly established. … Of course, as to plaintiff's state law claim, there is no qualified immunity at all. .

Cornejo v. Bell

592 F.3d 121 · Court of Appeals for the Second Circuit · Jan 4, 2010

Even qualified immunity, however, is sufficient to shield executive employees from civil liability under § 1983 if either “(1) their conduct ‘did not violate clearly established rights of which a reasonable person would have … known,’ or (2) ‘it was objectively reasonable to believe that [their] acts did not violate these clearly established rights.’ ” Young v.

Trigalet v. Young

54 F.3d 645 · Court of Appeals for the Tenth Circuit · May 2, 1995

The court held that the officers were not entitled to qualified immunity on the Trigalets' substantive due process claim upon concluding that, at the time of the incident, the law was clearly established that the officers … The court concluded that the officers were not entitled to qualified immunity because the law under which defendants actions could form the basis of a constitutional claim became clearly established on March 1, 1990, when

Unzueta v. Steele

291 F. Supp. 2d 1230 · District Court, D. Kansas · Oct 29, 2003

If so, we must subsequently ask “whether the right was clearly established.” Id. If the plaintiff does not satisfy either portion of the two-pronged test, the Court must grant the defendant qualified immunity. Gross v. … City of Laramie, 239 F.3d 1183, 1189-90 (10th Cir.2001) (finding qualified immunity for officers who hog-tied an arrestee with diminished capacity because in 1996 there was not a clearly established right to be free from

Winnie v. Clarke

893 F. Supp. 875 · District Court, D. Nebraska · Jul 11, 1995

Qualified Immunity Prison officials are entitled to qualified immunity from suit unless (1) the officials’ conduct violates a clearly established statutory or constitutional right; (2) the officials knew or should have known … Furthermore, I found that the plaintiff had a clearly established right to call witnesses at his disciplinary hearing and that the defendants’ refusal to do so was not protected under the doctrine of qualified immunity.

Edward Wilhelm v. John A. Boggs, Deputy, and Joseph Tanner, Deputy

290 F.3d 822 · Court of Appeals for the Sixth Circuit · May 22, 2002

issue whether the federal right allegedly infringed was clearly established.” … established law?