Case law

Miguel Gutierrez v. Michael Kermon

722 F.3d 1003 · Court of Appeals for the Seventh Circuit · Jul 12, 2013

Qualified immunity affords an even greater level of protection by shielding officers from “suit for damages if ‘a reasonable officer could have believed [the arrest] to be lawful, in light of clearly established law and the … does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’”

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

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.

Shipp v. McMahon

234 F.3d 907 · Court of Appeals for the Fifth Circuit · Jan 31, 2000

’s assertion of qualified immunity. … Thus, we find that Shipp articulates a clearly established right under the minimum requirements of Rule 12(b)(6).3 Under the second prong of the qualified immunity analysis, the plaintiff must show that the defendant

McCormick v. City of Lawrence

325 F. Supp. 2d 1191 · District Court, D. Kansas · Jun 24, 2004

Even if the court were to proceed to the second prong of the qualified immunity analysis, the court would determine that it is not clearly established that Plaintiffs were- engaging in protected speech. … See Camfield, 248 F.3d at 1228 (citing Tonkovich, 159 F.3d at 530 (holding that qualified immunity was proper when the plaintiff failed to cite any case law showing that the law was clearly established)).

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.

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.

Horne v. Crozier

565 N.W.2d 50 · South Dakota Supreme Court · Jun 4, 1997

To find whether qualified immunity applies, the test is to ask if the officer’s conduct violated clearly established statutory or constitutional rights a reasonable officer would have known at the time. Harlow v. … . [¶ 7] Law enforcement officers will be shielded by qualified immunity if (1) their conduct violates no clearly established constitutional or statutory rights; or (2) it is objectively reasonable for them to believe their

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.

S.P. v. City of Takoma Park

134 F.3d 260 · Court of Appeals for the Fourth Circuit · Jan 15, 1998

Thus, to defeat a qualified immunity defense, Peller must show that the right allegedly violated was “clearly established” in more than just a general sense. … to qualified immunity.

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.

Kelley v. LaForce

288 F.3d 1 · Court of Appeals for the First Circuit · Feb 8, 2002

immunity so long as their actions do not “violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … qualified immunity).

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.

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

Morris v. Jackson

353 F. Supp. 2d 1199 · District Court, M.D. Alabama · Jan 10, 2005

However, qualified immunity does extend to this decision. … Qualified immunity protects § 1983 defendants from liability for injury arising from discretionary acts as long as the acts do not violate clearly established federal statutory or constitutional rights of which a reasonable

Williams v. Prince George's County

112 Md. App. 526 · Court of Special Appeals of Maryland · Dec 4, 1996

Because of these considerations, immunity is granted to officers who act reasonably, albeit mistakenly, in light of clearly established law and the information they possessed without the benefit of hindsight. … immunity because their actions were in conformity with “clearly established” legal rules.

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”).

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.

Parker v. Hyatt

196 N.C. App. 489 · Court of Appeals of North Carolina · Apr 21, 2009

Clearly, the legislature intended § 113-136(1) to pertain to all portions of § 113-136 in order to establish constitutional parameters to the authority given to protectors and inspectors. … Based on our determination, we need not address defendant’s argument regarding good faith qualified immunity.

Burns v. PA Department of Corrections

642 F.3d 163 · Court of Appeals for the Third Circuit · Apr 20, 2011

Qualified immunity shields government officials from suit even if their actions were unconstitutional as long as those officials‘ actions ―d[id] not violate clearly established statutory or constitutional rights of which … The burden of establishing qualified immunity falls to the official claiming it as a defense.