Case law

D.A.R. v. R.E.L.

272 So. 3d 1030 · Supreme Court of Alabama · Sep 7, 2018

This court has recognized the difference between absolute immunity, which defeats a suit at the outset, and qualified immunity, which depends on circumstances and motivations and often must be established by evidence at trial … are not always uniform in deciding whether absolute or qualified immunity applies."

Perez-Morciglio v. Las Vegas Metropolitan Police Department

820 F. Supp. 2d 1111 · District Court, D. Nevada · Oct 25, 2011

Plaintiffs also have established their rights were clearly established. … Because the qualified immunity inquiry is entwined with the merits, genuine issues of fact remain as to whether Scott and Schaier are entitled to qualified immunity.

Landon Michael v. Joshua Trevena

899 F.3d 528 · Court of Appeals for the Eighth Circuit · Aug 7, 2018

"[O]fficers are entitled to qualified immunity under § 1983 unless (1) they violated a federal statutory or constitutional right, and (2) the unlawfulness of their conduct was 'clearly established at the time.' " District … In this case, neither party disputes the clearly-established prong of the qualified immunity analysis.

Simkins v. Bruce

406 F.3d 1239 · Court of Appeals for the Tenth Circuit · May 9, 2005

II Our analysis of qualified immunity involves two steps. … Plaintiff has asserted the violation of a clearly established constitutional right. Accordingly, the entry of summary judgment for defendants on the basis of qualified immunity was error.

Zimmerman v. Spears

428 F. Supp. 759 · District Court, W.D. Texas · Jan 3, 1977

JUDICIAL IMMUNITY The Plaintiffs’ allegations concerning the Judicial Defendants and the record in SA-76-CA-152 clearly show that their actions were well within the scope of their judicial duties. … Even under this qualified good faith immunity, these defendants are immune from suit.

Jamal Stephenson v. John Doe

332 F.3d 68 · Court of Appeals for the Second Circuit · Jun 13, 2003

The court indicated that, depending on the jury's answers to the interrogatories, he might have to "decide whether the law was clearly established and whether qualified immunity would attach." … The court later emphasized that this law was clearly established for purposes of qualified immunity.

Brett Kohorst v. Thomas Smith

968 F.3d 871 · Court of Appeals for the Eighth Circuit · Aug 6, 2020

Officer Smith’s actions, while a close call, did not violate a clearly established right and the district court did not err in granting qualified immunity. B. … Because a jury could reasonably conclude that Smith violated Kohorst’s clearly established right to be free from excessive force during the initial takedown, Smith is not entitled to qualified immunity on this claim.

Richard Clemons v. John Couch

3 F.4th 897 · Court of Appeals for the Sixth Circuit · Jul 7, 2021

CLEARLY ESTABLISHED RIGHT In the second step of our qualified-immunity analysis, we must determine whether Richard’s constitutional right was clearly established at the time of the alleged violation. … Under the clearly established prong of qualified immunity, a constitutional violation must be so clearly established by existing precedent that “every reasonable official would interpret it to establish the particular rule

Dill v. City of Edmond

155 F.3d 1193 · Court of Appeals for the Tenth Circuit · Aug 28, 1998

Qualified Immunity Defendants argue that the district court erred in denying Vetter qualified immunity. Our analysis of the qualified immunity defense is two-pronged. … In this case, because Vetter’s qualified immunity was predicated on the basis that the law was not clearly established, qualified immunity does not shield the City of Edmond.

James W. Smoak v. Eric Hall, David Bush Jeff Phann Tim McHood Brian Brock Jerry Andrews, Lieutenant

460 F.3d 768 · Court of Appeals for the Sixth Circuit · Aug 25, 2006

A right is “clearly established” for qualified immunity purposes when the contours of the right are sufficiently clear, even if the specific action in question has never been held unlawful. See Sample, 409 F.3d at 698 . … established at the time as to deny the defendants the benefits of qualified immunity.

Julia Correia v. Glenn Jones

943 F.3d 845 · Court of Appeals for the Eighth Circuit · Nov 27, 2019

“Qualified immunity shields officials from civil liability in § 1983 actions when their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … “Qualified immunity analysis requires courts to determine whether (1) the plaintiff has alleged or shown a violation of a constitutional right, and (2) the right was clearly established at the time of the defendants’ alleged

Chariell Glaze v. Gary Andrews

721 F.3d 528 · Court of Appeals for the Eighth Circuit · Jul 19, 2013

An official is entitled to qualified immunity unless the facts alleged establish a violation of a constitutional or statutory right, and that right was clearly established at the time of the violation. Pearson v. … There is no admissible evidence to establish that Andrews knew about a substantial risk to Glaze’s safety. Andrews is thus entitled to qualified immunity.

Betances v. Fischer

144 F. Supp. 3d 441 · District Court, S.D. New York · Aug 6, 2015

Qualified Immunity “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 … Qualified Immunity This Court has previously held that defendants are not entitled to qualified immunity. 63 Defendants had argued that plaintiffs’ constitutional rights were not “clearly established” at the time those rights

Zamora v. City of Belen

383 F. Supp. 2d 1315 · District Court, D. New Mexico · Apr 27, 2005

Having raised the defense of qualified immunity, Zamora must come forward with evidence establishing that a constitutional violation occurred, and, if so, that the law is clearly established. … Because Zamora has not established a constitutional violation or, even assuming a constitutional violation, that the law is clearly established, Valdez is entitled to qualified immunity on the false arrest claim. V.

Argueta v. Jaradi

94 F.4th 475 · Court of Appeals for the Fifth Circuit · Feb 29, 2024

Because of the disputed facts, and the clearly established law preventing officers from using deadly force after incapacitating an individual, the officer was precluded from qualified immunity. Id. at 339. … are material to the application of qualified immunity.

Blevins v. Denny

114 N.C. App. 766 · Court of Appeals of North Carolina · May 17, 1994

Similarly, the Court concluded that denial of a public official’s claim of qualified immunity from suit, to the extent that it turns on the legal questions of whether the conduct complained of violated “clearly established … In Mitchell , the United States Supreme Court went on to explain that entitlement [to qualified immunity] is an immunity from suit rather than a mere defense to liability; and like an absolute immunity, it is effectively

Boyer v. City of Mansfield

3 F. Supp. 2d 843 · District Court, N.D. Ohio · Apr 21, 1998

Whether or not qualified immunity exists in a given case is a legal question for the court, unless there is a genuine issue of material fact regarding whether the defendant committed acts that would violate a clearly established … unreasonable in light of the clearly established constitutional rights.”

Minnis v. Board of Supervisors of Louisiana State University & Agricultural & Mechanical College

972 F. Supp. 2d 878 · District Court, M.D. Louisiana · Sep 18, 2013

To achieve this balance, qualified immunity shields government officials from liability when they perform discretionary functions provided that their conduct “does not violate clearly established statutory or constitutional … immunity because they do not clearly violate any of Minnis’s constitutional rights.

Flint ex rel. Flint v. Kentucky Department of Corrections

270 F.3d 340 · Court of Appeals for the Sixth Circuit · Oct 26, 2001

The affirmative defense of qualified immunity shields “government officials performing discretionary functions ... from liability for civil damages insofar as their conduct does not violate ‘clearly established’ statutory … violating a clearly established right of Flint’s.

Argueta v. Jaradi

86 F.4th 1084 · Court of Appeals for the Fifth Circuit · Nov 17, 2023

The qualified-immunity inquiry has two parts. … Once an officer pleads qualified immunity, it is the plaintiff’s burden to establish that the officer violated the plaintiff’s clearly established federal rights. Estate of Davis v.