Case law

Villarreal v. City of Laredo

44 F.4th 363 · Court of Appeals for the Fifth Circuit · Aug 12, 2022

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.

Brothers v. Monaco

363 F. Supp. 3d 1138 · District Court, D. Montana · Jan 28, 2019

Qualified immunity insulates public officials "from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known … Under § 1983, a law enforcement officer is entitled to qualified immunity unless: (1) the officer violated a constitutional right; and (2) that constitutional right was clearly established at the time of the alleged misconduct

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."

Barkes Ex Rel. Barkes v. First Correctional Medical, Inc.

766 F.3d 307 · Court of Appeals for the Third Circuit · Sep 5, 2014

See id. at 678 (“In the context of determining whether there is a violation of clearly established law to overcome qualified immunity, purpose rather than knowledge is required to impose Bivens liability on the subordinate … “Qualified immunity shields government officials from civil damages liability unless the official violated a statutory or constitutional right that was clearly established at the time of the challenged conduct.”

Yang v. City of Brooklyn Park

194 F. Supp. 3d 865 · District Court, D. Minnesota · Jul 6, 2016

Qualified immunity protects a police officer from personal liability in a 42 U.S.C. § 1983 action unless the officer’s conduct violated a clearly established constitutional or statutory right. Winslow v. … When a party moves for summary judgment on the ground of qualified .immunity, “ ‘[t]he party asserting immunity always has the burden to establish the relevant predicate facts, and at the summary judgment stage, the nonmoving

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.

Perdomo v. City of League City, TX

Court of Appeals for the Fifth Circuit · Jan 7, 2026

To overcome an officer’s qualified immunity defense, a plaintiff “must allege facts showing that the officer[] (1)‘violated a statutory or constitutional right, and (2) that the right was clearly established at the time of … established or otherwise, we do not reach the clearly established law prong of qualified immunity.

Mata Ex Rel. J.A.M v. City of Farmington

791 F. Supp. 2d 1118 · District Court, D. New Mexico · Jun 13, 2011

Once the plaintiff has established the inference that the defendant’s conduct violated a clearly established constitutional right, a qualified immunity defense generally fails. See Cannon v. … They argue that Mata thus cannot satisfy his burden under the qualified immunity test and show that Rahn’s actions violated a clearly established constitutional right.

Weaver v. Brenner

40 F.3d 527 · Court of Appeals for the Second Circuit · Oct 26, 1994

Clearly Established Right The threshold issue in deciding whether a public official is entitled to qualified immunity is, as noted, whether the federal right was clearly established at the time the alleged violation occurred … relevant rights to have been clearly established in 1989 is affirmed.

Shase Howse v. Thomas Hodous

953 F.3d 402 · Court of Appeals for the Sixth Circuit · Mar 18, 2020

Qualified immunity shields law enforcement officers from civil liability unless the officers (1) violated a statutory or constitutional right and (2) the unlawfulness of their conduct was clearly established at the time. … As for Middaugh, the majority correctly states that, in order to overcome an assertion of qualified immunity, Howse must show that the officers violated a clearly established constitutional right.

Maxwell v. Henry

815 F. Supp. 213 · District Court, S.D. Texas · Jan 19, 1993

Nuchia has filed a motion to dismiss based on qualified immunity. … In cases where a Defendant asserts qualified immunity as a defense, plaintiffs are held to a higher standard and must plead with particularity all facts establishing a right to recovery, including those which negate the qualified

Higgs v. District Court In & For the County of Douglas

713 P.2d 840 · Supreme Court of Colorado · Dec 2, 1985

Qualified immunity provides a governmental official performing a discretionary function with an entitlement to immunity from liability upon a showing that the challenged conduct “does not violate clearly established statutory … The applicability of qualified immunity will turn “primarily on objective factors — that is, the objective reasonableness of an official’s conduct, as measured by reference to clearly established law.”

Bowser v. Smith

314 F. Supp. 3d 30 · Court of Appeals for the D.C. Circuit · May 22, 2018

Bowser's *32 pleadings fail to carry his burden to state a claim of violation of clearly established law, and that his claims must therefore be dismissed on qualified immunity grounds. … Smith violated the Constitution, qualified immunity fails only if his conduct violated clearly established law in those particular circumstances. Pearson , 555 U.S. at 232 , 129 S.Ct. 808 .

Moreta-Ramirez v. Lemert

233 F. Supp. 2d 286 · District Court, D. Puerto Rico · Nov 26, 2002

Interpreting Harlow , the First Circuit has established a three-part inquiry to determine whether or not the doctrine of qualified immunity applies in a given situation. … as to strip the defendant of his or her qualified immunity.

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.

Headwaters Forest Defense v. County of Humboldt

276 F.3d 1125 · Court of Appeals for the Ninth Circuit · Jan 11, 2002

The district court granted summary judgment on qualified immunity grounds in favor of all individual defendants except for Lewis and Philip. … Analysis Under the qualified immunity doctrine, “government officials ... generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights

Lockard v. CITY OF LAWRENCEBURG, IND.

815 F. Supp. 2d 1034 · District Court, S.D. Indiana · Sep 6, 2011

In the end, the Seventh Circuit did not reach the clearly established prong for purposes of determining qualified immunity. Id. at 377 . Moreover, at the time of Mr. … Nonetheless, the district court granted summary judgment in favor of defendant, relying on the “clearly established” qualified immunity prong. Id.

Bailey v. Iles

78 F.4th 801 · Court of Appeals for the Fifth Circuit · Aug 25, 2023

However, “[a] qualified immunity defense alters the usual summary judgment burden of proof” because the plaintiff, to overcome qualified immunity, “must rebut the defense by establishing a genuine [dispute of material … An officer is entitled to qualified immunity “if there is no violation, or if the conduct did not violate law clearly established at the time.” Id.

Menon v. Frinton

170 F. Supp. 2d 190 · District Court, D. Connecticut · Mar 30, 2001

Summary judgment dismissing a claim based upon a defense of qualified immunity may be granted if the court finds that the “asserted rights were not clearly established, or if the evidence is such that, even when it is viewed … The doctrine of qualified immunity entitles public officials to freedom from suits for acts performed in their official capacity if “(1) their conduct does not violate clearly established constitutional rights, or (2) it

Harris v. Morales

231 F. App'x 773 · Court of Appeals for the Tenth Circuit · Feb 2, 2007

right and (2) that the right was clearly established at the time of the defendant’s unlawful conduct.” … The district court did not fully consider qualified immunity; it did not address whether the applicable constitutional right was “clearly established” at the time of Captain Gore’s actions.