Case law

Al-Kidd v. Ashcroft

580 F.3d 949 · Court of Appeals for the Ninth Circuit · Sep 4, 2009

AUKidd’s Right Was “Clearly Established.” … Ohio, was certainly clearly established.

Milward v. Shaheen

148 F. Supp. 3d 1341 · District Court, M.D. Florida · Oct 29, 2015

Qualified Immunity Qualified immunity protects municipal officers from liability in § 1983 actions as long as their conduct does- not violate clearly established statutory or constitutional rights of which a reasonable person … Callahan, 555 U.S. 223 , 129 S.Ct. 808 , 172 L.Ed.2d 565 (2009)); A right may be clearly established for the purposes of qualified immunity in one of three ways: “1) case law with indistinguishable facts clearly establishing

Anthony Norman v. Ashlei Janak, Bobby Lumpkin, Bryan Collier, Shovanda D. Mathis, Margarita Thomas, Rocky Moore, and Tammy Shelby

Texas Court of Appeals, 15th District · May 1, 2025

See 2 Although it is more precise to say Defendants would be entitled to “qualified immunity” under federal law from Norman’s Section 1983 claims, “official immunity” and “qualified immunity” are often used … Further, qualified immunity under federal law is analogous to state law official immunity and “protects governmental officers with discretionary authority from liability so long as their conduct does not violate clearly established

Bass v. Richards

308 F.3d 1081 · Court of Appeals for the Tenth Circuit · Aug 14, 2002

It is subject to appeal, however, when the defendants are public officials asserting a qualified immunity defense and the appealed issue is whether a given set of facts establishes that defendants violated clearly established … Instead, Appellants argue that they are entitled to qualified immunity because Bass' right to affiliate himself with Vorhies, an unannounced candidate, was not clearly established at the time his commission was removed. 21

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.

Sheila T. Harper v. Lawrence County

584 F.3d 1030 · Court of Appeals for the Eleventh Circuit · Oct 7, 2009

on qualified immunity. … Were Harper’s rights clearly established at the time?

Lamont Shepard v. T. Quillen

840 F.3d 686 · Court of Appeals for the Ninth Circuit · Oct 26, 2016

Whether Shepard’s right was clearly established Wise may nevertheless be entitled to qualified immunity if the right at issue was not “clearly established at the time of the challenged conduct.” … We thus do not fault Shepard for failing to address the “clearly established” prong of the qualified immunity analysis in his opening brief.

Tubar v. Clift

453 F. Supp. 2d 1252 · District Court, W.D. Washington · Sep 22, 2006

This “qualified immunity” is determined in two steps. … Moreover, the officer in Acosta was denied qualified immunity because the law at the time of the incident in that case was also “clearly established.”

Wiggins v. Griffin

86 F.4th 987 · Court of Appeals for the Second Circuit · Nov 20, 2023

Qualified Immunity We next turn to the doctrine of qualified immunity. … Goord, 467 F.3d 263, 279 (2d Cir. 2006) (“Summary 19 judgment on the basis of qualified immunity is not appropriate because it was clearly established law at the time of the alleged

Boisseau v. Town of Walls

138 F. Supp. 3d 792 · District Court, N.D. Mississippi · Oct 8, 2015

The Fifth Circuit has described the basic qualified immunity standard as follows: “This court applies a two-step analysis to determine whether a defendant is entitled to summary judgment on the basis of qualified immunity … Amendment and accordingly upheld the defendant’s qualified immunity defense.

Blankenship v. Manchin

410 F. Supp. 2d 483 · District Court, S.D. West Virginia · Jan 18, 2006

Clearly Established Law The question under this second and final step in the qualified immunity analysis is “whether a reasonable [official] could have believed [the challenged conduct] to be lawful, in light of clearly established … It is important to note that the law is clearly established for qualified immunity purposes not only when “the very action in question has previously been held unlawful,” but .also when “pre-existing law” makes the “unlawfulness

Sprague v. City of Burley

109 Idaho 656 · Idaho Supreme Court · Nov 19, 1985

If the law was clearly established, the *666 immunity defense ordinarily should fail, since a reasonably competent public official should know the law governing his conduct. … The United States Supreme Court in Harlow has established a threshold test that must be met by the plaintiff, if the defendant has asserted the affirmative defense of a qualified immunity, before a defendant’s motion for

Johnson v. Williams

699 F. Supp. 2d 159 · District Court, District of Columbia · Mar 30, 2010

By definition, qualified immunity is not absolute. Rather, it “is applicable unless the official’s conduct violated a clearly established constitutional right.” Pearson v. … However, “[a] plaintiff who seeks damages for violation of constitutional or statutory rights may overcome the defendant official’s qualified immunity only by showing that those rights were clearly established at the time

Salvato Ex Rel. Estate of Salvato v. Miley

790 F.3d 1286 · Court of Appeals for the Eleventh Circuit · Jun 25, 2015

We affirm the denial of Miley’s motion for qualified immunity and remand for further proceedings. … Miley Is Not Entitled to Qualified Immunity.

Elfers v. Varnau

101 F. Supp. 3d 753 · District Court, S.D. Ohio · Mar 31, 2015

Qualified immunity shields “government officials performing discretionary functions ... from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of … The court held that because this right was not “clearly established,” the coroner was entitled to qualified immunity from a Section 1983 claim brought after the wrong body was delivered to the family of the decedent.

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.

Miles v. Unified Sch. Dist. No. 500

347 F. Supp. 3d 626 · District Court, D. Kansas · Oct 16, 2018

Castillo is Not Entitled to Qualified Immunity Last, Ms. Castillo contends that she is entitled to qualified immunity. … A public official performing a discretionary function enjoys qualified immunity in a civil action for damages, provided her conduct does not violate clearly established federal statutory or constitutional rights of which

Long v. Norris

929 F.2d 1111 · Court of Appeals for the Sixth Circuit · Apr 29, 1991

established" for purposes of qualified immunity. … established at the time of the searches for purposes of qualified immunity.

Ralph Walsh, Jr. v. Lisa Hodge

975 F.3d 475 · Court of Appeals for the Fifth Circuit · Sep 15, 2020

Because Walsh’s deprivations of due process were not clearly established constitutional rights, we REVERSE the district court’s denial of qualified immunity and RENDER judgment in favor of Defendants. … immunity analysis: was Walsh’s constitutional right clearly established?

Williamson v. Cox

952 F. Supp. 2d 176 · District Court, District of Columbia · Jul 9, 2013

was clearly established at the time an action occurred. . . .’”). … The qualified immunity analysis “‘turns on the objective legal reasonableness of the action, assessed in light of the legal rules that were clearly established at the time it was taken.’” Youngbey v.