Case law

Monroe v. Arkansas State University

495 F.3d 591 · Court of Appeals for the Eighth Circuit · Jul 26, 2007

qualified immunity and direct dismissal of the action. … Although the defendant bears the burden of proof for this affirmative defense, the plaintiff must demonstrate that the law was clearly established. Sparr, 306 F.3d at 593 .

William Wentworth Foster v. Mary Basham

932 F.2d 732 · Court of Appeals for the Eighth Circuit · Jul 16, 1991

Basham also contended she was entitled to qualified immunity from suit. … Although subjective motive (or intent) is not relevant to the qualified-immunity analysis, the knowledge possessed by the defendant at the time the challenged action occurred is, along with the clearly established law as

Robbin Amanda Bayse v. Ted Philbin

Court of Appeals for the Eleventh Circuit · Aug 1, 2025

Although the magistrate judge acknowledged that “the law can be ‘clearly established’ for qualified immunity purposes only by decisions of the U.S. … “In this circuit, the law can be ‘clearly established’ for qualified immunity purposes only by decisions of the U.S.

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.

Jesus Hernandez v. Unknown Named Agents, et

785 F.3d 117 · Court of Appeals for the Fifth Circuit · Apr 24, 2015

That is the chore of the first prong of the qualified-immunity test, which we do not address. The alleged right at issue was not clearly established, under these facts, in 2010. The judgment of dismissal is AFFIRMED. … We hold unanimously that Agent Mesa has qualified immunity from this suit for a Fifth Amendment substantive due process violation because he did not violate any clearly established rights flowing from that Amendment.

Weg v. Macchiarola

995 F.2d 15 · Court of Appeals for the Second Circuit · Jun 4, 1993

“Public officials are entitled to qualified immunity from liability for civil damages- As long as their conduct does not violate a clearly established statutory or constitutional right, they cannot be held liable.” … Where statutory language may be easily read to cover particular conduct, a prosecution based on that language does not lose immunity absent “clearly established” caselaw to the contrary.

Dillon Bracken v. Kinchung Chung

869 F.3d 771 · Court of Appeals for the Ninth Circuit · Aug 23, 2017

Qualified Immunity We first address whether Chung may invoke the doctrine of qualified immunity. “There are two questions that must be answered” when an officer seeks qualified immunity. Jensen v. … CHUNG 7 is available generally, we must determine whether [the officer] is entitled to it in this case,” i.e., whether the officer “violated a clearly established constitutional . . . right.”

Rivera v. Fischer

655 F. Supp. 2d 235 · District Court, W.D. New York · Sep 18, 2009

Qualified Immunity The moving defendants also argue, in the alternative, that plaintiffs claims against them should be dismissed on the ground of qualified immunity. … “The doctrine of qualified immunity shields government officials from liability for damages resulting from the performance of discretionary official functions if their conduct ‘does not violate clearly established statutory

Oscar F. Sanchez Liliana Sanchez v. Charles Swyden, Inspector, Warren K. Hayward, Officer

131 F.3d 1144 · Court of Appeals for the Fifth Circuit · Jan 13, 1998

We disagree, go no further than step one of the qualified immunity analysis, and conclude that Sanchez has not shown that the defendants deprived him of a clearly established constitutional right. In Baker v. … CONCLUSION Finding that Sanchez has not shown that he has been deprived of a clearly established constitutional right, we hold that all defendants named in Sanchez’s § 1983 suit are entitled to qualified immunity as a matter

Roberto Valderrama v. Officer Carl Rousseau

780 F.3d 1108 · Court of Appeals for the Eleventh Circuit · Mar 16, 2015

The district court granted their motions in part, but it denied them qualified immunity as to several of the § 1983 claims. The officers now appeal the denial of qualified immunity as to Mr. … clearly established.

Allen v. City & County of Honolulu

39 F.3d 936 · Court of Appeals for the Ninth Circuit · Oct 28, 1994

immunity because he had not violated “clearly established” federal law. … The Supreme Court had clearly established an inmate’s right of access to a law library well before the time covered by Allen’s complaint. See Bounds v.

R.N. b/n/f of P.N. and R.N. individually v. Rogan

2017 DNH 044 · District Court, D. New Hampshire · Mar 8, 2017

“Qualified immunity attaches when an official’s conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” White v. Pauly, 137 S. … “To avoid a qualified-immunity defense, [the plaintiff] must show (1) that [the defendant] infracted his federal rights and (2) that these rights were so clearly established that a reasonable officer should have known

McLean v. Gordon

548 F.3d 613 · Court of Appeals for the Eighth Circuit · Dec 1, 2008

In considering a motion for summary judgment on qualified immunity grounds, the court makes two inquiries. … “If so, then [the court] determine[s] whether the constitutional right was clearly established at the time.” Flowers, 478 F.3d at 872 .

Williams v. Ontario County Sheriff's Department

662 F. Supp. 2d 321 · District Court, W.D. New York · Sep 21, 2009

Qualified immunity shields law enforcement officials who perform discretionary functions from liability if their conduct does not violate clearly established statutory or constitutional rights of which a reasonable prison … to qualified immunity.

Bustillos v. City of Artesia

98 F.4th 1022 · Court of Appeals for the Tenth Circuit · Apr 17, 2024

Officer Bailey counters by asserting qualified immunity. A. Mr. Bustillos must prove the violation of a clearly established right. … Once a defendant asserts qualified immunity, “the plaintiff must establish (1) the defendant violated a statutory or constitutional right and (2) that right was clearly established at the time of the defendant’s

Doe v. Marsh

918 F. Supp. 580 · District Court, N.D. New York · Mar 19, 1996

Finally, the court notes that qualified immunity protection turns on the “ ‘objective legal reasonableness’ ” of the allegedly unlawful official action “assessed in light of the legal rules that were ‘clearly established’ … Accordingly, in this case the court cannot grant the defendants’ motion for summary judgment on the basis of qualified immunity predicated upon the lack of a clearly established constitutionally protected right.

Bland v. Roberts

857 F. Supp. 2d 599 · District Court, E.D. Virginia · Apr 24, 2012

Qualified Immunity 3 “Government officials performing discretionary functions are entitled to qualified immunity from liability for civil damages to the extent that ‘their conduct does not violate clearly established statutory … The Defendant is entitled to qualified immunity.

Radwan v. Manuel

55 F.4th 101 · Court of Appeals for the Second Circuit · Nov 30, 2022

immunity because such a right was not clearly established at the time of the scholarship’s termination. … In short, the district court concluded that the “lack of clearly established law under the Fraser standard” entitled Coach Tsantiris and AD Manuel to qualified immunity on the First Amendment claim. Id. at 111.

Campbell v. Casey

166 F. Supp. 3d 144 · District Court, D. Massachusetts · Feb 29, 2016

Defendant seeks summary judgment' due to qualified immunity as well as on the merits. a. … That right has been clearly established by the U.S. Supreme Court for decades.

Owl v. Robertson

79 F. Supp. 2d 1104 · District Court, D. Nebraska · Jan 12, 2000

Qualified immunity is a question of law. … See, e.g., Otey, 121 F.3d at 1155 (reversing denial of motion for summary judgment on qualified immunity grounds; police chief did not violate clearly established federal rights of which a reasonable person would have known