Case law

Contreras v. Dona Ana County Board

965 F.3d 1114 · Court of Appeals for the Tenth Circuit · Jul 20, 2020

So I join Chief Judge Tymkovich’s opinion as far as it addresses the “clearly established” prong of the qualified immunity analysis. … A court holds, as the Eleventh Circuit did, that the officer is entitled to qualified immunity because his actions did not violate any clearly established rights. See Corbitt v.

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.

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.

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.

Patrick Atwater, Jr. v. Kelly H. Tucker

Court of Appeals of Georgia · Oct 24, 2017

“The test for determining whether a defendant is protected from suit by the doctrine of qualified immunity is the objective reasonableness of the defendant’s conduct as measured by reference to clearly established law; … “For the law to be clearly established to the point that qualified immunity does not apply, the law must have earlier been developed in such a concrete and factually defined context to make it obvious to all reasonable

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.

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.”

Rooni v. Biser

742 F.3d 737 · Court of Appeals for the Seventh Circuit · Feb 4, 2014

“To determine whether a defendant is entitled to qualified immunity, courts must address two issues: (1) whether the defendant violated the plaintiffs constitutional rights and (2) whether the right at issue was clearly established … clearly established.

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.

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

K.W.P. v. Kansas City Public Schools

931 F.3d 813 · Court of Appeals for the Eighth Circuit · Aug 1, 2019

that [their] conduct violated a clearly established right.’” … not satisfy the ‘clearly established’ standard here

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

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

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.

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.

Couser v. Somers

District Court, D. Kansas · Jul 1, 2019

Servs., 436 U.S. 658, 694–95 (1978) (establishing standard under § 1983 for when a municipality may be held liable for the unconstitutional acts of its employee(s)). A. … Gilley, 500 U.S. 226, 232 (1991) (“One of the purposes of immunity, absolute or qualified, is to spare a defendant not only unwarranted liability, but unwarranted demands customarily imposed upon those defending

Doe v. Whelan

732 F.3d 151 · Court of Appeals for the Second Circuit · Oct 17, 2013

Such a state official is entitled to qualified immunity from actions under 42 U.S.C. § 1983 “unless the official's conduct violated a clearly established constitutional right.” Pearson v. … Where the law is clearly established, “a caseworker is . . . entitled to qualified immunity if officers of reasonable competence could disagree on the legality of the action at issue in its particular factual context.”

Perez v. Oakland County

466 F.3d 416 · Court of Appeals for the Sixth Circuit · Oct 18, 2006

We thus move to the second step of the qualified immunity test; we determine whether the right violated was “clearly established” at the time of the violation. Myers, 422 F.3d at 352 (citing Estate of Carter v. … We ultimately find that Rice is entitled to qualified immunity because no law exists that would clearly establish for a person in Rice’s position that she was violating Perez’s Eighth Amendment rights.