Case law

Yvette Felarca v. Robert Birgeneau

891 F.3d 809 · Court of Appeals for the Ninth Circuit · May 31, 2018

Nonetheless, he believed that the officers were entitled to qualified immunity because the law at the time they acted did not clearly establish the illegality of their conduct. … Nonetheless, the officers are entitled to qualified immunity because the law at the time they acted did not clearly establish the illegality of their conduct.

Brett Kohorst v. Thomas Smith

968 F.3d 871 · Court of Appeals for the Eighth Circuit · Aug 6, 2020

Officer Smith’s actions, while a close call, did not violate a clearly established right and the district court did not err in granting qualified immunity. B. … Because a jury could reasonably conclude that Smith violated Kohorst’s clearly established right to be free from excessive force during the initial takedown, Smith is not entitled to qualified immunity on this claim.

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.

Corral v. Montgomery County

4 F. Supp. 3d 739 · District Court, D. Maryland · Mar 5, 2014

Qualified immunity is an affirmative defense to Section 1983 claims and “protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … If the right was not clearly established, the qualified immunity doctrine shields a defendant officer from liability.

Taylor v. City of New York

269 F. Supp. 2d 68 · District Court, E.D. New York · Jun 23, 2003

To overcome the qualified immunity defense, a plaintiff must first “allege a violation of a clearly-established constitutional or statutory right. … Since plaintiff has plainly alleged a violation of a clearly established constitutional right, Curry v.

Machelle Pearson v. MDOC

Court of Appeals for the Sixth Circuit · Mar 26, 2026

It also held that they could seek damages because the complaint alleged a violation of clearly established law to overcome any qualified-immunity defense. See id. at *5–6. … The Inmates also contend that they may rely on the clearly established “right to safe and sanitary conditions” to overcome qualified immunity. Appellees’ Br. 27.

Charles D. Cronen v. Texas Department of Human Services, Jean Roberts, Ann Valdez-Haines, Donna L. Burns, Socorro Alonzo, and the State of Texas

977 F.2d 934 · Court of Appeals for the Fifth Circuit · Nov 23, 1992

granted qualified immunity from damage suits. … If defendants refused to follow well-established federal regulations, they would violate clearly established rights.

J.C. Bass v. United States Department of Agriculture

737 F.2d 1408 · Court of Appeals for the Fifth Circuit · Aug 6, 1984

The crux of Bass’s argument to the court during this discussion was that if it were shown that the defendants had violated clearly established law, the defendants would be unable to rely upon qualified immunity as a defense … Since a question of fact existed as to whether the defendants had violated clearly established law, the district court properly gave instructions on qualified immunity based on the contingency that the jury might find that

Anela v. City of Wildwood

595 F. Supp. 511 · District Court, D. New Jersey · Sep 7, 1984

The defendant next argues that immunity law developed in the § 1983 context entitles him to a qualified immunity. This argument, the court believes, has some merit. … It is difficult to say that this constitutional right was clearly established at the time of the events in question.

Rivas v. Freeman

940 F.2d 1491 · Court of Appeals for the Eleventh Circuit · Sep 9, 1991

In Harlow, the Supreme Court further stated that if the law regarding an individual's constitutional or statutory rights is clearly established, the qualified immunity defense ordinarily should fail. … Harlow, at 819, 102 S.Ct. at 2738 . 20 The district court denied the deputies' claim to qualified immunity noting that their combined conduct violated Rivas's clearly established constitutional rights.

Doores v. McNamara

476 F. Supp. 987 · District Court, W.D. Missouri · Sep 21, 1979

Rhodes, 416 U.S. 232, 247 , 94 S.Ct. 1683, 1692 , 40 L.Ed.2d 90, 103 (1974) established the standard when a defendant is entitled to this qualified immunity: [A] qualified immunity is available to officers of the executive … However, the mere fact that the defendant must establish that he is entitled to this qualified immunity does not mean that he is not entitled to a directed verdict. In Dellums v.

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.”

Cudd v. Aldrich

982 F. Supp. 463 · District Court, S.D. Texas · Nov 7, 1997

The next inquiry for qualified immunity purposes is whether Cudd’s First Amendment right to be free from political patronage dismissal was clearly established at the time of the alleged violation. … Second, and more importantly, the inquiry into qualified immunity is an objective one: the Court must determine what a reasonable public official would have understood as clearly established law.

Elbrader v. Blevins

757 F. Supp. 1174 · District Court, D. Kansas · Jan 17, 1991

Examining the record in a light favorable to plaintiff, we cannot hold that defendants are entitled to qualified immunity. There is a clearly established right against retaliation for constitutionally protected speech. … The unlawful intent inherent in such a retaliatory action places it beyond the scope of a police officer’s qualified immunity if the right retaliated against was clearly established. See Coen v.

W. Va. Dept. of Transportation, DMV v. David King, Administrator of the Estate of Wilma Ann King

238 W. Va. 369 · West Virginia Supreme Court · Nov 15, 2016

ANALYSIS This case involves our law of qualified immunity. … Peyton’s driver’s license, the DMV is not entitled to qualified immunity under the facts of this case.

Ivonne Padilla v. Peter Mason and Jaeson Jones

Texas Court of Appeals, 8th District (El Paso) · Jul 28, 2005

Qualified immunity shields an officer if a reasonable officer could have believed the action to be lawful in light of clearly established law and the information the officer possessed. Hunter v. … Because there was no clearly established rule which would prohibit Mason from using the force that he did, he is entitled to 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.

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.

Dominguez v. Correctional Medical Services

555 F.3d 543 · Court of Appeals for the Sixth Circuit · Feb 17, 2009

“Under the doctrine of qualified immunity, ‘government officials performing discretionary functions generally are shielded from liability from civil damages insofar as their conduct does not violate clearly' established statutory … Clearly Established Right “For a right to be clearly established, ‘[t]he contours of the right must be sufficiently clear that a reasonable official would understand that what [she] is doing violates that right.’ ” Feathers

Falto de Roman v. Municipal Government of Mayaguez

267 F. Supp. 3d 357 · District Court, D. Puerto Rico · Aug 3, 2016

The qualified immunity doctrine “protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … which bear on the issue of qualified immunity”).