Case law
Opinions from 1658 to today.
10,000+ results
1.30s
43 F.3d 1082 · Court of Appeals for the Sixth Circuit · Jan 12, 1995
were entitled to qualified immunity because the amount of exercise to which prisoners had a right was not clearly established at the time of the defendants’ actions. … Most importantly, the magistrate judge denied qualified immunity because the relevant law was “clearly established” by August 29, 1991. Hofbauer and Pratt objected to the magistrate judge’s report and recommendation.
Cited 93 timesPublished67 F.3d 1166 · Court of Appeals for the Fifth Circuit · Oct 20, 1995
In September 1993, the child protective services functions of DHS were constitutional rights were not clearly established at the time in issue, the appellees are shielded by qualified immunity. … Louisiana's conclusion that the right to family integrity is not clearly established.
Cited 35 timesPublishedStanislaw v. Navajo County Bd. of Sup'rs
70 F.3d 1280 · Court of Appeals for the Ninth Circuit · Nov 15, 1995
This admission, along with the statements from the victim and a witness, gave Deputy Clark probable cause to arrest Stanislaw. 6 In addition, the district court properly found Deputy Clark protected by qualified immunity … Creighton, 483 U.S. 635, 639 (1987) (qualified immunity protects an officer who acts reasonably in light of clearly established law). 2.
Cited 0 timesUnpublishedStodghill 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.
Cited 151 timesPublishedCrystal 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.
Cited 45 timesPublishedGood v. Dauphin County Social Services For Children And Youth
891 F.2d 1087 · Court of Appeals for the Third Circuit · Dec 15, 1989
alleged a violation of a clearly established legal right. … action is a violation) violates a clearly established right.
Cited 69 timesPublished334 F.3d 906 · Court of Appeals for the Ninth Circuit · Jun 30, 2003
ANALYSIS A public official is not entitled to qualified immunity if his conduct violates “ ‘clearly established constitutional rights of which a reasonable person would have known.’ ” Koch, 96 F.3d at 1301 (quoting Harlow … If so, the defendant is entitled to qualified immunity only if the constitutional right that he allegedly violated was not clearly established. Id. A.
Cited 55 timesPublished323 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
Cited 1 timesPublished187 So. 3d 871 · District Court of Appeal of Florida · Feb 24, 2016
Analysis Qualified immunity shields a government actor from personal liability when his conduct does not violate clearly established rights. See Anderson v. … The burden then shifts to the plaintiff to prove that the defendant’s conduct violated clearly established statutory or constitutional rights. Harlow, 457 U.S. at 818, 102 S. Ct. 2727. Becker v.
Cited 0 timesPublished617 F. App'x 25 · Court of Appeals for the Second Circuit · Jun 30, 2015
Qualified immunity shields government officials from civil damages liability unless (1) the official violated a statutory or constitutional right (2) that was clearly established at … The relevant question for qualified immunity purposes is whether the federal “constitutional right [an official] was alleged to have violated was clearly established at the time of the violation.” Davis v.
Cited 5 timesUnpublished10 F.4th 1226 · Court of Appeals for the Eleventh Circuit · Aug 26, 2021
We review de novo the district court’s decision to deny qualified immunity on a motion to dismiss, accepting the factual allegations in the complaint as true 1 The district court also denied qualified immunity to a fourth … So to defeat a qualified immunity defense, a plaintiff must establish two things: (1) that officials violated a federal statutory or constitutional right, and (2) that their conduct was clearly established as unlawful at
Cited 19 timesPublished981 F.3d 719 · Court of Appeals for the Ninth Circuit · Dec 1, 2020
City of Anaheim, 343 F.3d 1052, 1060 (9th Cir. 2003) (“In the absence of binding precedent, a court should look to whatever decisional law is available to ascertain whether the law is clearly established for qualified immunity … We thus conclude that the due process right to notice, as alleged by Wright, was clearly established and, as a result, Edwards is not entitled to qualified immunity. WRIGHT V.
Cited 30 timesPublished17 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.
Cited 20 timesPublished169 F.R.D. 89 · District Court, S.D. Ohio · Sep 26, 1996
QUALIFIED IMMUNITY Both Plaintiff and Defendants have moved for summary judgment on the issue of the availability of qualified immunity to shield Defendants from liability for damages. … 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
Cited 14 timesPublishedBrittany Ruffin v. Kevin Davis
Court of Appeals for the Fourth Circuit · Apr 29, 2026
qualified immunity.” … The “right need not be recognized by a court in a specific factual context before such right may be considered ‘clearly established’ for purposes of qualified immunity.” Wilson v.
Cited 0 timesPublished361 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.
Cited 1 timesPublishedCourt 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.
Cited 0 timesPublished198 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.
Cited 52 timesPublishedVermont Superior Court · Aug 13, 2024
“The outcome of the inquiry depends on the objective reasonableness of an official’s conduct, as measured by reference to clearly established law.” Id. … Donovan, 2012 VT 27, 1 6 n.2, 191 Vt. 412 ("The fate of an official with qualified immunity depends upon the circumstances and motivations of his actions, as established by the evidence at trial.' .
Cited 0 timesPublishedMunjoy Sporting & Athletic Club v. Dow
2000 Me. 141 · Supreme Judicial Court of Maine · Jul 21, 2000
“A public official claiming qualified immunity ... must establish either that he or she did not -violate the plaintiffs rights or that given the state of the law a reasonable official would not have understood that he [or … A right is clearly established if “the contours of the right [are] sufficiently clear that a reasonable official would understand that what he is doing violates that- right.
Cited 31 timesPublished
Ask Donna