Case law

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.

Aucoin v. Haney

306 F.3d 268 · Court of Appeals for the Fifth Circuit · Oct 1, 2002

to support Haney politically in his campaign for District Attorney; if the law was not clearly established, then the district court erred, and Haney is entitled to qualified immunity and the dismissal of the complaint … Haney therefore is entitled to qualified immunity.

Crowson v. Washington County State, Utah

983 F.3d 1166 · Court of Appeals for the Tenth Circuit · Dec 29, 2020

Merits Analysis “The doctrine of qualified immunity shields officials from civil liability so long as their conduct ‘does not violate clearly established statutory or constitutional rights of which a reasonable … We therefore proceed directly to the second prong of the qualified immunity analysis: whether the violation was clearly established.9 See 9 Mr. Crowson asserts that Dr.

Smith v. Kenny

678 F. Supp. 2d 1093 · District Court, D. New Mexico · Jul 24, 2009

to qualified immunity. … issue of qualified immunity.

Morgan Hansen v. Thomas Black

872 F.3d 554 · Court of Appeals for the Eighth Circuit · Sep 18, 2017

To defeat summary judgment based on qualified immunity, Hansen must point to facts showing both that she suffered a violation of a constitutional or statutory right and that the right was clearly established at the time of … Even assuming a constitutional violation, Trooper Black is entitled to qualified immunity because his conduct did not violate a clearly established Fourth Amendment right.

Lory Lombardo v. John F. Harvey, Sandy Jenkin, Cathy Smolkovich

865 F.2d 259 · Court of Appeals for the Sixth Circuit · Dec 12, 1988

of the clearly established law and information he possessed). 9 Procedurally, this Circuit has placed the burden on the plaintiff once the issue of qualified immunity is raised: 10 Where a defendant official is entitled … to qualified immunity, the plaintiff must plead facts which, if true, describe a violation of a clearly established statutory or constitutional right of which a reasonable public official, under an objective standard would

Derek Thomas v. Jacqueline Carmichael

Court of Appeals for the Seventh Circuit · Jan 23, 2026

To defeat a qualified immunity defense, in addition to showing that the defendant official was deliber- ately indifferent to the plaintiff’s serious medical need, the plaintiff must establish that the right was clearly established … plaintiff’s clearly established right.

Derek Thomas v. Jacqueline Carmichael

Court of Appeals for the Seventh Circuit · Jan 23, 2026

To defeat a qualified immunity defense, in addition to showing that the defendant official was deliber- ately indifferent to the plaintiff’s serious medical need, the plaintiff must establish that the right was clearly established … plaintiff’s clearly established right.

Cope v. Coleman County

Court of Appeals for the Fifth Circuit · Jun 26, 2024

In order to overcome qualified immunity, a plaintiff must show: (1) the defendant violated the plaintiff’s constitutional rights, and (2) “the right at issue was clearly established at the time of [the] defendant’s alleged … ’s holding of Monroe in a cell containing a phone cord did not violate a clearly established constitutional right.”); id.

Kiser v. Garrett

67 F.3d 1166 · Court of Appeals for the Fifth Circuit · Oct 20, 1995

In September 1993, the child protective services functions of DHS were constitutional rights were not clearly established at the time in issue, the appellees are shielded by qualified immunity. … Louisiana's conclusion that the right to family integrity is not clearly established.

Hafley v. Lohman

90 F.3d 264 · Court of Appeals for the Eighth Circuit · Sep 3, 1996

We note that "qualified immunity is an affirmative defense," and "it will be upheld on a 12(b)(6) motion only when the immunity is established on the face of the complaint." Id. … The defendants in this case are entitled to qualified immunity unless Hafley has alleged the violation of a constitutional right that was clearly established at the time of the alleged violation. Id.

Hassan Ex Rel. Hassan v. Lubbock Independent School District

55 F.3d 1075 · Court of Appeals for the Fifth Circuit · Jun 27, 1995

Questions of law are reviewed ... de novo."5 In examining the claims of qualified immunity on summary judgment, we first inquire whether Hassan has alleged "the violation of a clearly … The determination whether a right is "clearly established" is a more particularized inquiry than Hassan suggests; otherwise, plaintiffs could "convert the rule of qualified immunity ... into a rule of virtually unqualified

United States v. Albert Tantalo

680 F.2d 903 · Court of Appeals for the Second Circuit · Jun 3, 1982

Defense counsel urged that since the appellant had provided immunized testimony before the grand jury, the Government was called upon to present evidence to the court to establish not only an independent basis for the indictment … The district court’s ruling which upheld the indictments, without calling upon the government to establish that the evidence it proposed to present at the trial was untainted by the appellant’s immunized testimony, was in

Guite v. Wright

976 F. Supp. 866 · District Court, D. Minnesota · Sep 25, 1997

Claims under 42 U.S.C. § 1983 Any individual government officials performing discretionary functions have a qualified immunity defense to a Section 1983 claim for damages “insofar as their conduct does not violate clearly … in the home, the entry violated clearly established law which a reasonable officer should have known.

Smith v. Mattox

127 F.3d 1416 · Court of Appeals for the Eleventh Circuit · Nov 19, 1997

immunity grounds to the extent the appeal concerns pure issues of law, such as whether the law was clearly established); Cottrell v. … An official sued as an individual is entitled to qualified immunity if his conduct "does not violate clearly established statutory or constitutional rights of which a reasonable person would have known."6 A reasonable official's

Kindra O'Bryant v. DCP&P

Court of Appeals for the Third Circuit · Sep 16, 2026

If the specific right was not clearly established, the official is entitled to qualified immunity. Id. A. … established” prong of the qualified immunity analysis.

Mallin v. City of Eastlake

755 F. Supp. 2d 819 · District Court, N.D. Ohio · Sep 29, 2010

Violation of a Clearly Established Right Thompson may still be entitled to qualified immunity if Mallin’s right to be free from having his face slammed into a car and being choked was not clearly established at the time of … Because Mallín failed to carry his burden of proving that a reasonable officer should have known that Gonzales’s actions violated a clearly established right, the Court must grant Gonzales qualified immunity as a matter of

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.

Levon Brooks v. Steven Hayne

860 F.3d 819 · Court of Appeals for the Fifth Circuit · Jun 27, 2017

asks whether the right in question was ‘clearly established’ at the time of the violation.” 10 4 Brooks’ state law claims against Dr. … Qualified immunity is a complete defense, and Defendants are entitled to summary judgment on the basis of qualified immunity unless Plaintiffs can show triable issues as to whether Defendants violated a clearly established

Bombard v. Volp

44 F. Supp. 3d 514 · District Court, D. Vermont · Sep 8, 2014

Qualified Immunity Officer Volp has also moved for summary judgment on the basis of qualified immunity. … An assertion of qualified immunity requires a court to determine “(1) whether plaintiff has shown facts making out [a] violation of a constitutional right; (2) if so, whether that right was ‘clearly established’; and (3)