Case law

Harold Fish v. Tim Brown

838 F.3d 1153 · Court of Appeals for the Eleventh Circuit · Oct 3, 2016

government official; so, qualified immunity applies. … Sauls, 206 F.3d 1156, 1165 (11th Cir. 2000) (“[A] police officer is entitled to qualified immunity if a reasonable police officer could have believed his or her actions were lawful in light of clearly established law and

Dr. Earl Evans v. W.H. "Sonny" Dillahunty and William E. Amos, in Their Official Capacities

711 F.2d 828 · Court of Appeals for the Eighth Circuit · Jun 30, 1983

As the Supreme Court held in Harlow , “[government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory … Moreover, “[r]eliance on the objective reasonableness of an official’s conduct, as measured by references to clearly established law, should avoid excessive disruption of government and permit the resolution of many insubstantial

Green v. Brantley

719 F. Supp. 1570 · District Court, N.D. Georgia · Jan 20, 1989

to qualified immunity. … According to Anderson , qualified immunity requires not only a finding that general legal principles were clearly established, but also a finding that the law was clearly established with such particularity that a reasonable

Chico Scrap Metal, Inc. v. Raphael

830 F. Supp. 2d 966 · District Court, E.D. California · Nov 23, 2011

The 11th Amendment does not bar this claim. c) Qualified Immunity Defendants finally argue that they are immune from suit in this instance because of qualified immunity. … The doctrine of qualified immunity shields public officials sued in their individual capacity from monetary damages, unless their conduct violates “clearly established” law that would be known to a reasonable public officer

Montana v. Patterson

894 S.W.2d 812 · Texas Court of Appeals, 12th District (Tyler) · Dec 28, 1994

Appellees claimed qualified or “good faith” immunity to actions brought under 42 U.S.C.A. § 1983 , and cited Harlow v. Fitzgerald, 457 U.S. 800 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982). … Once the Appellees have asserted the qualified immunity and established that the alleged wrongful acts were taken within the scope of their discretionary authority, the burden then shifts to the Appellant to show that qualified

Perry v. Mendoza

83 F.4th 313 · Court of Appeals for the Fifth Circuit · Sep 29, 2023

To overcome qualified immunity, the plaintiff must show that the officer (1) violated a constitutional right that was (2) clearly established at the time. Laviage v. Fite, 47 F.4th 402, 405–06 (5th Cir. 2022). … Even assuming those decisions stand for that categorical proposition (which we need not decide), they are too far afield from the present case to clearly establish the law for qualified immunity purposes.

J.C. Bass v. United States Department of Agriculture

737 F.2d 1408 · Court of Appeals for the Fifth Circuit · Aug 6, 1984

The crux of Bass’s argument to the court during this discussion was that if it were shown that the defendants had violated clearly established law, the defendants would be unable to rely upon qualified immunity as a defense … Since a question of fact existed as to whether the defendants had violated clearly established law, the district court properly gave instructions on qualified immunity based on the contingency that the jury might find that

Derfus v. City of Chicago

42 F. Supp. 3d 888 · District Court, N.D. Illinois · May 20, 2014

Qualified immunity requires a court to assess “the objective reasonableness of an official’s conduct, as measured by reference to clearly established law.” Harlow v. … City of Chicago, 242 F.3d 737 , 742 (7th Cir.2001) (“qualified immunity is dissolved * * * when the conduct is so egregious that no reasonable person could have believed that it would not violate clearly established rights

Yarris v. County of Delaware

465 F.3d 129 · Court of Appeals for the Third Circuit · Oct 2, 2006

does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … If the court concludes that the defendant’s conduct violated a clearly established constitutional or statutory right, it must deny the defendant the protection afforded by qualified immunity.

Slay v. Marion County Sheriff's Department

603 N.E.2d 877 · Indiana Court of Appeals · Nov 23, 1992

IV We next address the issue of qualified immunity. … Jones argues that he is entitled to qualified immunity. 6 In particular, he con *887 tends that the rights in question were not "clearly established" when the shooting occurred, in May of 1982. While Tennessee v.

Wolfenbarger v. Williams

826 F.2d 930 · Court of Appeals for the Tenth Circuit · Aug 3, 1987

In this appeal, the defendants make three arguments in support of their claim of qualified immunity. First, they urge that Wolfenbarger’s property interest was not clearly established. … They maintain that while it is now clearly established that Wolfenbarger has a property interest in the stereo items, it was not clearly established at the time.

Lyons v. City of Xenia

90 F. App'x 835 · Court of Appeals for the Sixth Circuit · Jan 27, 2004

Because we conclude as a matter of law that Officer Keith did not violate any clearly-established constitutional rights, we reverse the district court’s judgment denying her qualified immunity. … defendant did acts that violated clearly established rights.”

Deon Johnston v. Deputy Sean M. Carlson

Court of Appeals for the Eleventh Circuit · Jul 14, 2025

Qualified immunity protects police officers from liability for civil damages if their conduct “does not violate clearly established statutory or constitutional rights of which a reasonable person would … Put another way, “the arguable probable cause inquiry in a false arrest case is no different from the clearly established law inquiry in any other qualified immunity case.

Falto de Roman v. Municipal Government of Mayaguez

267 F. Supp. 3d 357 · District Court, D. Puerto Rico · Aug 3, 2016

The qualified immunity doctrine “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 … which bear on the issue of qualified immunity”).

McGinnis v. District of Columbia

65 F. Supp. 3d 203 · District Court, District of Columbia · Aug 28, 2014

Government officials are entitled to qualified immunity “‘insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’” Butera v. … “Clearly established for purposes of qualified immunity means that the contours of the right must be sufficiently clear that a reasonable official would understand what he is doing violates that right.” Shaw, 944 F.

Taylor v. City of New York

269 F. Supp. 2d 68 · District Court, E.D. New York · Jun 23, 2003

To overcome the qualified immunity defense, a plaintiff must first “allege a violation of a clearly-established constitutional or statutory right. … Since plaintiff has plainly alleged a violation of a clearly established constitutional right, Curry v.

Davis v. Unified Sch. Dist. No. 512

335 F. Supp. 3d 1230 · District Court, D. Kansas · Aug 15, 2018

Qualified Immunity Defendants assert that they are entitled to qualified immunity because at the time of the alleged violation, the law did not clearly establish that reassigning plaintiff to teach at SMW constituted adverse … To defeat the qualified immunity defense, plaintiff must show that on the facts of this case, the law clearly established that the reassigning her to teach at SMW constituted adverse employment action.

State of West Virginia ex rel. West Virginia Attorney-General, Medicaid Fraud Control Unit, and Nathan R. Lyle, in his Individual Capacity, and in his Capacity as an Employee of the West Virginia Attorney-General Medicaid Fraud Control Unit v. The Honorable Kenneth D. Ballard, Judge of the Circuit Court of Kanwaha County, and Hisel Bailey, and West Virginia Attorney-General, Medicaid Fraud Control Unit, and Nathan R. Lyle, in his Individual Capacity, and in his Capacity as an Employee of the West Virginia Attorney-General Medicaid Fraud Control Unit v. Hisel Bailey

West Virginia Supreme Court · Nov 9, 2023

Ed. 2d 272 (2001) (establishing that qualified immunity may only be overcome if the facts alleged “show the officer’s conduct violated a constitutional right”). … When discretionary acts are the basis for a claim of liability, qualified immunity applies unless clearly established and reasonably known rights or laws have been violated, or the subject conduct is fraudulent, malicious

Michael Thomas Wilson v. Barry A. Kittoe, and Anthony S. Tokach

337 F.3d 392 · Court of Appeals for the Fourth Circuit · Jul 22, 2003

Under the second prong of our qualified immunity analysis, we must determine whether the right alleged to have been violated was a “clearly established ... right[ ] of which a reasonable person would have known.” … For the foregoing reasons, Wilson has alleged the violation of a clearly established Fourth Amendment right. Accordingly, the district court’s denial of qualified immunity is affirmed. AFFIRMED 1 .

Glass v. Mayas

794 F. Supp. 470 · District Court, E.D. New York · May 16, 1992

in light of the legal rules that were ‘clearly established’ at the time it was taken.” … Gilley, — U.S. -, 111 S.Ct. 1789, 1793 , 114 L.Ed.2d 277 (1991) (where the defense of qualified immunity is involved, the initial inquiry should focus on whether plaintiff has alleged a violation of a clearly established