Case law

Ellen Storck v. City of Coral Springs

354 F.3d 1307 · Court of Appeals for the Eleventh Circuit · Dec 30, 2003

[are] specific enough to establish clearly the law applicable to particular conduct and circumstances and to overcome qualified immunity, even in the total absence of case law. … In short, we are satisfied that Storck failed to establish a constitutional violation, and that even if she did, she has not shown that it was “clearly established,” within the meaning of qualified immunity analysis.

Getlin v. Zoll

707 F. Supp. 2d 369 · District Court, E.D. New York · Apr 20, 2010

Qualified Immunity “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 … “Police officers generally enjoy a qualified immunity from liability for their discretionary actions if their conduct does not ‘violate clearly established rights of which a reasonable person would have known,’ or if it is

Leonard Foster v. Dustin Patrick

806 F.3d 883 · Court of Appeals for the Sixth Circuit · Nov 20, 2015

Patrick Page 4 precluded an award of qualified immunity. Patrick filed this interlocutory appeal challenging the denial of qualified immunity. … Clearly Established Right Although it is true that the right must be clearly established in a “‘particularized’ sense,” Brosseau v. Haugen, 543 U.S. 194, 199 (2004) (per curiam) (quoting Saucier v.

Borgman v. Kedley

646 F.3d 518 · Court of Appeals for the Eighth Circuit · Jul 19, 2011

Qualified immunity protects police officers from civil liability for any action that does not violate "clearly established statutory or constitutional rights of which a reasonable person would have known." Young v. … When determining whether a state official is entitled to qualified immunity, we decide whether the alleged facts demonstrate that his conduct violated a constitutional right and whether that right was clearly established

Conkey v. Reno

885 F. Supp. 1389 · District Court, D. Nevada · May 4, 1995

Qualified Immunity Qualified immunity protects government officials from civil liability for actions taken in the performance of discretionary functions when their actions do not violate clearly established statutory or constitutional … Conkey of property without due process of law on the basis of qualified immunity. The complaint alleges the violation of a clearly established constitutional right.

In Re Barbara H. Allen, Better Government Bureau, Incorporated, an Ohio Corporation v. Darrell v. McGraw Jr., Attorney General, State of West Virginia, Personally and in His Official Capacity Better Government Bureau Office of the Attorney General State of West Virginia, a Body Politic, a Corporate Instrumentality of Government With Limited Agency and Quasi-Sovereign Capacity Ken Hechler, Secretary of State, in His Official Capacity v. Donna Willis, Party in Interest. Better Government Bureau, Incorporated, an Ohio Corporation v. Darrell v. McGraw Jr., Attorney General, State of West Virginia, Personally and in His Official Capacity, Better Government Bureau Office of the Attorney General State of West Virginia, a Body Politic, a Corporate Instrumentality of Government With Limited Agency and Quasi-Sovereign Capacity Ken Hechler, Secretary of State, in His Official Capacity v. Barbara H. Allen Donna Willis, Parties in Interest. Better Government Bureau, Incorporated, an Ohio Corporation v. Darrell v. McGraw Jr., Attorney General, State of West Virginia, Personally and in His Official Capacity, Better Government Bureau Office of the Attorney General State of West Virginia, a Body Politic, a Corporate Instrumentality of Government With Limited Agency and Quasi-Sovereign Capacity Ken Hechler, Secretary of State, in His Official Capacity v. Barbara H. Allen Donna Willis, Parties in Interest

106 F.3d 582 · Court of Appeals for the Fourth Circuit · Feb 6, 1997

51 We hold, therefore, that an official who performs an act clearly established to be beyond the scope of his discretionary authority is not entitled to claim qualified immunity under § 1983. … established for qualified immunity purposes."

Petro Rentals, Inc. et al. v. The City of Auburn, New York, et al.

District Court, N.D. New York · Mar 13, 2026

Related to § 1983’s “personal involvement” requirement is the affirma- tive defense of qualified immunity, which shields individual defendants from liability for damages “insofar as their conduct does not violate clearly … Katz, 533 U.S. 194 (2001), to defeat qualified immunity a plaintiff show that (1) the official violated a statutory or constitutional right; (2) that was “clearly established” at the time of the challenged conduct.

Aversa v. United States

Court of Appeals for the First Circuit · Oct 21, 1996

And a federal official is qualifiedly immune from suit for an alleged constitutional tort if his "conduct [did] not violate clearly established . . . constitutional rights of which a -3- 3 reasonable person would have known … Qualified immunity, however, must be decided according to the law in effect at the time of the alleged violation -- "implicit in the Harlow formulation . . . is a temporal dimension: the ______ right must have been clearly

Bash v. Patrick

608 F. Supp. 2d 1285 · District Court, M.D. Alabama · Apr 9, 2009

Qualified Immunity: General Principles Qualified immunity protects government officers sued in their individual capacities from liability for civil damages so long as their conduct “does not violate clearly established statutory … Case law need not arise out of factually identical situations to clearly establish law for purposes of the qualified immunity analysis. Id. at 1351 .

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.

Reginald R. Early v. Keith Crockett, Clayborn Carroll, Roberta Lewis, and Lamon Mayo

2019 Ark. 274 · Supreme Court of Arkansas · Oct 10, 2019

Appellees, as state employees, are protected by qualified immunity. See Ark. Code Ann. § 19-10-305 (Supp. 2017). State employees’ qualified immunity extends to section 1983 claims. See Robinson v. … Under the standard of qualified immunity, a government official will be entitled to immunity so long as his actions do not violate a clearly established statutory constitutional right of which a reasonable person would

Herbert Liverman v. City of Petersburg

844 F.3d 400 · Court of Appeals for the Fourth Circuit · Dec 15, 2016

contours of protected speech in this area were not clearly established. … The doctrine of qualified immunity shields government officials “who commit constitutional violations but who, in light of clearly established law, could reasonably believe that their actions were lawful.” Henry v.

Harris v. Hammon

914 F. Supp. 2d 1026 · District Court, D. Minnesota · Dec 19, 2012

Qualified immunity shields government officials from liability if “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … right was clearly established at the time of the alleged misconduct.

Jenkins v. Talladega City Board of Education

95 F.3d 1036 · Court of Appeals for the Eleventh Circuit · Sep 23, 1996

the Anderson Court’s clarification of the appropriate level of generality at which a right must be “clearly established” for purposes of qualified immunity. … Justice was decided a few days after the events at issue here and, therefore, does not clearly establish the law in this case for qualified immunity purposes.

Bowling v. Rector

584 F.3d 956 · Court of Appeals for the Tenth Circuit · Oct 26, 2009

clearly established law.” … “Summary judgment based on qualified immunity is appropriate if the law did not put the officer on notice that his conduct would be clearly unlawful.” Id.

Salem v. Michigan Department of Corrections

643 F. App'x 526 · Court of Appeals for the Sixth Circuit · Mar 9, 2016

As for the individual-capacity claims, Defendants invoked qualified immunity, arguing that the strip searches violated no clearly established constitutional rights. … To defeat a claim of qualified immunity, a plaintiff must show: (1) that the defendant violated a constitutional right, and (2) that right was clearly established at the time of the defendant’s actions. Pearson v.

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.’

Anthony Brown v. Rodney Strain, Jr.

663 F.3d 245 · Court of Appeals for the Fifth Circuit · Nov 18, 2011

Qualified Immunity “The doctrine of qualified immunity protects public officials from liability for civil damages ‘insofar as their conduct does not violate clearly established statutory or constitutional rights of … was ‘clearly established’ at the time of the defendant’s alleged misconduct.”

Cantrell v. Morris

849 N.E.2d 488 · Indiana Supreme Court · Jun 21, 2006

Kellogg also quoted the standard for qualified immunity as stated by the U.S. … Supreme Court: Whether an official may prevail in his qualified immunity defense depends upon the “objective reasonableness of his conduct as measured by reference to clearly established law.”

Glow In One Mini Golf, LLC v. Tim Walz

37 F.4th 1365 · Court of Appeals for the Eighth Circuit · Jun 16, 2022

“Qualified immunity is an immunity from suit, not merely a defense to liability,” and “[t]o avoid pretrial dismissal, a plaintiff must present facts showing the violation of a constitutional right that was clearly established … capacity of businesses deemed non-critical—was a taking under clearly established law.