Case law

Albert Darruthy v. City of Miami

351 F.3d 1080 · Court of Appeals for the Eleventh Circuit · Nov 26, 2003

Ferraro: Qualified immunity offers “complete protection for government officials sued in their individual capacities as long as ‘their conduct violates no clearly established statutory or constitutional rights of which a … [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.

Sanguinetti

District Court, M.D. Florida · Feb 20, 2026

right was clearly established at the time of the misconduct. … This claim is barred by qualified immunity.

Osborne v. Harris County

97 F. Supp. 3d 911 · District Court, S.D. Texas · Mar 31, 2015

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 would have known … A Clearly Established Right The remaining qualified immunity issue is whether the deputies had fair notice that their actions violated a clearly established right.

Rivera v. Fischer

655 F. Supp. 2d 235 · District Court, W.D. New York · Sep 18, 2009

Qualified Immunity The moving defendants also argue, in the alternative, that plaintiffs claims against them should be dismissed on the ground of qualified immunity. … “The doctrine of qualified immunity shields government officials from liability for damages resulting from the performance of discretionary official functions if their conduct ‘does not violate clearly established statutory

Vincent v. Annucci

63 F.4th 145 · Court of Appeals for the Second Circuit · Mar 23, 2023

Fischer, 837 F.3d 162 (2d Cir. 2016), that because Annucci failed to make objectively reasonable efforts to comply with federal law that was clearly established by Earley I, he was not entitled to qualified immunity. … established.”24 In Vincent I, however, we made it clear that “[f]or a right to be ‘clearly established’ for purposes of qualified immunity, it is sufficient if decisions of the Supreme Court or of the appropriate circuit

Gerhart v. McLendon

714 F. App'x 327 · Court of Appeals for the Fifth Circuit · Oct 25, 2017

A public official is entitled to qualified immunity unless a plaintiff can show “(1) that the official violated a statutory' or constitutional right, and (2) that the right was ‘clearly established’ at the time of the challenged … The Eleventh Circuit concluded that the officer’s failure to do so violated clearly established law and that he was not entitled to qualified immunity. See id. at 955-56 .

Porter v. City of Manchester

151 N.H. 30 · Supreme Court of New Hampshire · May 14, 2004

Qualified Immunity Lafond next argues that the trial court erred by rejecting her qualified immunity defense. … Clearly Established Right We now turn to the second part of the qualified immunity test, whether Porter’s First Amendment rights were clearly established at the time Lafond constructively terminated him.

Ginter v. Stallcup

641 F. Supp. 939 · District Court, E.D. Arkansas · Jun 11, 1986

Knox’s claims of qualified immunity. Ms. Ginter has not brought the Court’s attention to any clearly established law which movants’ conduct on June 3, 1983, violated. The claims against Mr. Blasingame and Mr. … Where the plaintiff can point to no clearly established law that the federal agents violated, they will be entitled to qualified immunity, as discussed above, regardless of their subjective state of mind.

Robinson v. Bell

767 P.2d 177 · Wyoming Supreme Court · Jan 13, 1989

Immunity from suit is obviously an intended incentive for employers to qualify under the Act. … The relationship between Genuine Parts Company and NAPA is not clearly established in the record. .

Potts v. Holt

13 F. Supp. 3d 445 · District Court, M.D. Pennsylvania · Apr 8, 2014

The following discussion underscores why it would be impermissible for us to conclude that the relevant law was clearly established in anything like a manner that would vitiate a qualified immunity defense. … of the qualified immunity analysis.

Oscar F. Sanchez Liliana Sanchez v. Charles Swyden, Inspector, Warren K. Hayward, Officer

131 F.3d 1144 · Court of Appeals for the Fifth Circuit · Jan 13, 1998

We disagree, go no further than step one of the qualified immunity analysis, and conclude that Sanchez has not shown that the defendants deprived him of a clearly established constitutional right. In Baker v. … CONCLUSION Finding that Sanchez has not shown that he has been deprived of a clearly established constitutional right, we hold that all defendants named in Sanchez’s § 1983 suit are entitled to qualified immunity as a matter

Kenjoh Outdoor, LLC v. Jack Marchbanks

23 F.4th 686 · Court of Appeals for the Sixth Circuit · Jan 11, 2022

So the district court properly granted Nathan Fling qualified immunity. Government officials are entitled to qualified immunity unless (1) they violate a constitutional right that (2) was “clearly established.” … We will “affirm[] the application of qualified immunity” because it is “apparent from the complaint that the law was not clearly established because ‘not a single judicial opinion’ ha[s] held the official’s action unconstitutional

Dijon Sharpe v. Winterville Police Department

59 F.4th 674 · Court of Appeals for the Fourth Circuit · Feb 7, 2023

When the stop occurred, it was not clearly established that the officer’s actions violated the passenger’s First Amendment rights. So qualified immunity bars that claim. I. … Walker, A Qualified Defense of Qualified Immunity, 93 NOTRE DAME L.

Reiver v. District of Columbia

925 F. Supp. 2d 1 · District Court, District of Columbia · Feb 22, 2013

Since the Court finds that the police conduct was objectively reasonable and did not violate plaintiff’s clearly established rights, the officers are protected by the doctrine of qualified immunity, and the motion will … “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

Angela Borrell v. Bloomsburg University

870 F.3d 154 · Court of Appeals for the Third Circuit · Aug 30, 2017

Ficca is entitled to qualified immunity as long as she does not violate a “clearly established” constitutional or federal right. Sharp, 669 F.3d at 159 (quoting Saucier v. … And the district court cases cited cannot clearly establish law for qualified immunity purposes in any event. See Camreta v. Greene, 563 U.S. 692 , 709 n.7, 131 S.Ct. 2020 , 179 L.Ed.2d 1118 (2011).

William Wentworth Foster v. Mary Basham

932 F.2d 732 · Court of Appeals for the Eighth Circuit · Jul 16, 1991

Basham also contended she was entitled to qualified immunity from suit. … Although subjective motive (or intent) is not relevant to the qualified-immunity analysis, the knowledge possessed by the defendant at the time the challenged action occurred is, along with the clearly established law as

Duhani v. Town of Grafton

52 F. Supp. 3d 176 · District Court, D. Massachusetts · Sep 26, 2014

The qualified immunity analysis requires a court to decide ‘(1) whether the facts alleged or shown by the plaintiff make out a violation of a constitutional right; and (2) if so, whether the right was “clearly established … Since Duhani has failed to establish a violation of his constitutional right, Mclnerney is entitled to qualified immunity.

TUCKER v. ATWATER

303 Ga. 791 · Supreme Court of Georgia · Jun 4, 2018

The Court of Appeals held that the school officials were entitled to qualified immunity because they did not violate any clearly established law. … established law entitles the school officials to qualified immunity.

Douglas M. Jones v. Richard A. Heyman

888 F.2d 1328 · Court of Appeals for the Eleventh Circuit · Nov 22, 1989

The mayor also asserted that his decision to remove Jones was protected by the qualified immunity doctrine because the mayor did not violate Jones’ clearly established First Amendment rights. … Second, he contends he is entitled to qualified immunity for his discretionary decision to remove Jones from the meeting.

R.N. b/n/f of P.N. and R.N. individually v. Rogan

2017 DNH 044 · District Court, D. New Hampshire · Mar 8, 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.” White v. Pauly, 137 S. … “To avoid a qualified-immunity defense, [the plaintiff] must show (1) that [the defendant] infracted his federal rights and (2) that these rights were so clearly established that a reasonable officer should have known