Case law

Woodlock v. Orange Ulster B.O.C.E.S.

281 F. App'x 66 · Court of Appeals for the Second Circuit · Jun 17, 2008

Under the doctrine of qualified immunity* “government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory … “If the right at issue was not clearly established ... then qualified immunity shields the defendant.” Walczyk v. Rio, 496 F.3d 139, 154 (2d Cir.2007).

Alexander v. Newman

345 F. Supp. 2d 876 · District Court, W.D. Tennessee · Nov 22, 2004

Qualified Immunity Defendants argue that they are entitled to qualified immunity as to Plaintiffs Fourth Amendment § 1983 claim. … “Government officials are entitled to qualified immunity for discretionary acts that do ‘not violate clearly established [federal] statutory or constitutional rights of which a reasonable person would have known.’ ” Goad,

Belanger v. Blum

628 F. Supp. 2d 260 · District Court, D. Connecticut · Jun 10, 2009

Qualified immunity protects the state defendants to the extent that the'ir conduct “does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … “Law is not ‘clearly established’ for purposes of qualified immunity by district court opinions, but by the decisions of circuit courts or the Supreme Court.” Cipes, 386 F.Supp.2d at 42 .

Hucker v. City of Beaumont

144 F. Supp. 2d 696 · District Court, E.D. Texas · May 18, 2001

When a defendant pleads qualified immunity, the court must first determine whether the plaintiff has alleged a clearly established constitutional right. See Sie-gert v. … Qualified immunity is an affirmative defense requiring the defendant to both plead and establish his entitlement to immunity. See Tamez v.

TULLIS v. KNIGHT

District Court, S.D. Indiana · Feb 9, 2023

Additionally, even if a reasonable jury could find an Eighth Amendment violation, the Defendants are entitled to summary judgment on qualified immunity grounds because Tullis has not shown a clearly established right to … Pauly. 137 S.Ct. 548, 551 (2017) ("Qualified immunity attaches when an official's conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known."

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.

Michael O'Connell v. Christopher Thieneman

Court of Appeals of Kentucky · Dec 19, 2025

Thus, in addition to proving each of these elements, O’Connell’s qualified official immunity imposes upon Thieneman the additional burden of showing that the Law Day remarks … Rather, our decision is based solely on the application of qualified immunity. -6- BRIEFS FOR APPELLANT: BRIEF FOR APPELLEE: Joseph Klausing Alan J.

Malik v. Arapahoe County Department of Social Services

191 F.3d 1306 · Court of Appeals for the Tenth Circuit · Sep 14, 1999

support a conclusion that Coleman’s actions were outside the scope of absolute immunity, and that both defendants’ actions violated clearly established law. … clearly established at the time of the defendant’s actions.”

Nicole K. Brinkman v. City of Des Moines, Iowa

Court of Appeals of Iowa · Oct 11, 2023

Further, whether the law was clearly established is inextricably intertwined with the new qualified immunity defense and only relevant to this case to the 3 The court applied only the particularity and plausibility … Id. at 782−84.  7 extent the new qualified immunity defense is operative in this case, and we already have concluded that qualified immunity is not operative

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.

Fletcher v. United States Parole Commission

550 F. Supp. 2d 30 · District Court, District of Columbia · May 6, 2008

In conducting the qualified immunity analysis, the Court assumed that the facts alleged by Fletcher would establish a violation of the Ex Post Facto Clause, and focused its inquiry on whether, under “clearly established” … Finding that the law was not clearly established on this issue at the time his reparole was denied in 2000, the Court held that qualified immunity applied. Id.

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

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.

Whitlock v. Brown

596 F.3d 406 · Court of Appeals for the Seventh Circuit · Feb 24, 2010

Brown disputes this and also argues he is entitled to qualified immunity. … were unconstitutional in light of clearly established law?

Cranford v. Kluttz

278 F. Supp. 3d 848 · District Court, M.D. North Carolina · Sep 30, 2017

established” for qualified immunity purposes. … interest may make it more difficult to find the law ‘clearly established’ when assessing claims of qualified immunity.”); Borucki v.

Mendez-Palou v. Rohena-Betancourt

813 F.2d 1255 · Court of Appeals for the First Circuit · Mar 10, 1987

not “clearly established.” … The district courts in the cases presently before us concluded that defendants were not entitled to qualified immunity because Elrod and Branti clearly established that the first amendment protects government employees from

Stodghill 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.

Orlik Ex Rel. Orlik v. Dutchess County

603 F. Supp. 2d 632 · District Court, S.D. New York · Mar 16, 2009

Legal Standard for Qualified Immunity The doctrine of qualified immunity shields government agents from liability for their official actions, unless their conduct violates clearly established constitutional rights of which … An official is entitled to qualified immunity where: (1) the plaintiff has not alleged a violation of a constitutional right; (2) the right was not clearly established at the time of the conduct; or (3) the official’s actions

Logan v. City of Pullman

392 F. Supp. 2d 1246 · District Court, E.D. Washington · Oct 4, 2005

The Supreme Court has established a two-part analysis for determining whether qualified immunity is appropriate in a suit against an officer. … In the absence of binding precedent, the Court looks to whatever law is available to ascertain whether the law is clearly established for qualified immunity purposes, including decisions of state courts, other circuits, and

Diamond v. Owens

131 F. Supp. 3d 1346 · District Court, M.D. Georgia · Sep 14, 2015

Whether the Constitutional Right was Clearly Established Lewis is not entitled to qualified immunity if clearly established law gave her fair warning her conduct violated Diamond’s Eighth Amendment right to be protected from … Whether the Constitutional Right was Clearly Established Lewis is not entitled to qualified immunity if clearly established law gave her fair warning her failure to train subordinates was unlawful.