Case law

McDonald v. Kempthorne

831 F. Supp. 2d 313 · District Court, District of Columbia · Dec 23, 2011

“The doctrine of qualified immunity protects government officials ‘from [personal] liability for civil damages insofar as  - 21 - their conduct does not violate clearly established statutory … and whether that right was clearly established.

Michael Mockeridge v. Harry Harvey

Court of Appeals for the Sixth Circuit · Aug 11, 2025

We can thus “hear interlocutory appeals considering the legal question of qualified immunity, i.e., whether a given set of facts violates clearly established law.” Moldowan v. … was clearly established at the time.”

Richard v. Hall

874 So. 2d 131 · Supreme Court of Louisiana · Apr 23, 2004

Revised Statute 9:2795B(1) clearly supports an interpretation that an owner, lessee or occupant qualifies for the immunity where his use of the premises is not principally for a commercial, recreational enterprise for profit … that determines the availability of the immunity provisions to a qualified owner.

Frances Green v. Monmouth University (080612) (Monmouth County and Statewide)

237 N.J. 516 · Supreme Court of New Jersey · May 7, 2019

of immunity is decided once it is established that the entity itself is “charitable,” “religious,” or “educational.” … The panel found that the concerts were nevertheless “clearly ‘educational’ and ‘charitable’ within the intent of the Charitable Immunity Act.” Ibid.

Pindell v. Wilson-McKee

60 F. Supp. 2d 1244 · District Court, D. Wyoming · Aug 17, 1999

IV The standard for consideration of a defendant’s claim of qualified immunity is as follows: Qualified immunity protects public officials from individual liability in a § 1983 action unless the officials violated “clearly … Once a defendant to a § 1983 action raises a qualified immunity defense, the burden shifts to the plaintiff to show both facts and law to establish that the defendant is not entitled to a qualified immunity. Dixon v.

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

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.

Shase Howse v. Thomas Hodous

953 F.3d 402 · Court of Appeals for the Sixth Circuit · Mar 18, 2020

Qualified immunity shields law enforcement officers from civil liability unless the officers (1) violated a statutory or constitutional right and (2) the unlawfulness of their conduct was clearly established at the time. … As for Middaugh, the majority correctly states that, in order to overcome an assertion of qualified immunity, Howse must show that the officers violated a clearly established constitutional right.

Wayne Powell, as of the Estate of Dana Kimberly Devilla v. Sunny Schriver, Superintendent Thomas A. Coughlin, III C.O. Lynch C.O. Crowley

175 F.3d 107 · Court of Appeals for the Second Circuit · Apr 2, 1999

The doctrine of qualified immunity “shields government officials from liability for damages on account of their performance of discretionary official functions ‘insofar as their conduct does not violate clearly established … The Eighth Amendment Claim The district court dismissed Devil-la’s Eighth Amendment claim on the ground of qualified immunity, reasoning that “it was not clearly established as of this incident in 1991 that a corrections

Washington Square Post 1212 American Legion v. Maduro

907 F.2d 1288 · Court of Appeals for the Second Circuit · Jun 28, 1990

a warrantless entry, or closed to non-Post members, in which case it was clearly established that a warrant was necessary. … DISCUSSION Qualified immunity has long shielded government officials performing discretionary functions from civil damages liability “insofar as their conduct does not violate clearly established statutory or con *1291 stitutional

William A. Newman, Ph.D. v. Nereu F. Kock, Jr., Jacky Yuk-Chow So, Dan R. Jones, and Ray M. Keck, III

Texas Court of Appeals, 4th District (San Antonio) · Aug 6, 2008

Qualified Immunity Qualified immunity is a defense to federal law claims that shields governmental officials performing discretionary functions from liability as long as their actions could reasonably be thought … that violated clearly established law.

Dees v. Vendel

856 F. Supp. 1531 · District Court, D. Kansas · Sep 27, 1994

clearly established when the violation occurred.” … with clearly established law.

Gary Jacobsen v. Michael Klinefelter

992 F.3d 717 · Court of Appeals for the Eighth Circuit · Mar 30, 2021

The court concluded that Klinefelter did not violate a clearly established right of Jacobsen’s under the Fourth Amendment and was therefore entitled to qualified immunity on the excessive force claim. … To overcome a defense of qualified immunity, Jacobsen must show that the evidence would support a finding that Klinefelter violated Jacobsen’s rights under the Fourth Amendment, and that the right was clearly established

Whittington v. Maxwell

455 F. App'x 450 · Court of Appeals for the Fifth Circuit · Dec 22, 2011

Did Maxwell act unreasonably in the light of clearly established law? … We now turn to the second inquiry in the qualified immunity analysis— whether Maxwell acted in an objectively unreasonable manner in the light of clearly established law.

Tessler v. Paterson

768 F. Supp. 2d 661 · District Court, S.D. New York · Mar 7, 2011

A government official is entitled to qualified immunity where his or her discretionary conduct “does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … a clearly established constitutional right.

Higgs v. District Court In & For the County of Douglas

713 P.2d 840 · Supreme Court of Colorado · Dec 2, 1985

Qualified immunity provides a governmental official performing a discretionary function with an entitlement to immunity from liability upon a showing that the challenged conduct “does not violate clearly established statutory … The applicability of qualified immunity will turn “primarily on objective factors — that is, the objective reasonableness of an official’s conduct, as measured by reference to clearly established law.”

Mitchell v. Parker

271 F. Supp. 3d 1364 · District Court, N.D. Georgia · Sep 25, 2017

A plaintiff demonstrates that qualified immunity does not apply by showing “(1) the defendant violated a constitutional right, and (2) the right was clearly established at the time of the alleged violation.” … Dowling contends that there is an absence of evidence in the record to support this claim and therefore Dowling could not have violated a clearly established constitutional right and is entitled to qualified immunity.

Yang v. City of Brooklyn Park

194 F. Supp. 3d 865 · District Court, D. Minnesota · Jul 6, 2016

Qualified immunity protects a police officer from personal liability in a 42 U.S.C. § 1983 action unless the officer’s conduct violated a clearly established constitutional or statutory right. Winslow v. … When a party moves for summary judgment on the ground of qualified .immunity, “ ‘[t]he party asserting immunity always has the burden to establish the relevant predicate facts, and at the summary judgment stage, the nonmoving

Perdomo v. City of League City, TX

Court of Appeals for the Fifth Circuit · Jan 7, 2026

To overcome an officer’s qualified immunity defense, a plaintiff “must allege facts showing that the officer[] (1)‘violated a statutory or constitutional right, and (2) that the right was clearly established at the time of … established or otherwise, we do not reach the clearly established law prong of qualified immunity.

Brothers v. Monaco

363 F. Supp. 3d 1138 · District Court, D. Montana · Jan 28, 2019

Qualified immunity insulates public 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 … Under § 1983, a law enforcement officer is entitled to qualified immunity unless: (1) the officer violated a constitutional right; and (2) that constitutional right was clearly established at the time of the alleged misconduct