Case law

Brown v. St. Landry Parish Sheriff's Dept

298 F. Supp. 3d 879 · District Court, W.D. Louisiana · Mar 21, 2018

, not only from suit, but 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." 31 Qualified immunity … The second prong of the qualified-immunity analysis asks whether the right in question was "clearly established" at the time of the violation.

Metlin v. Palastra

729 F.2d 353 · Court of Appeals for the Fifth Circuit · Apr 9, 1984

After finding appellate jurisdiction over the denial of the officer’s claim of absolute immunity, we exercise pendent jurisdiction over his qualified immunity claim and conclude that the Army officer is entitled to qualified … Unless the ... plaintiff can establish that the defendant officials have violated clearly established law, the claim for damages must be dismissed.” Sampson v. King, 693 F.2d 566, 570 (5th Cir.1982).

Maciariello v. Sumner

973 F.2d 295 · Court of Appeals for the Fourth Circuit · Aug 18, 1992

In denying summary judgment for Sumner and Paskoff, the district court ruled that the law regarding retaliation for First Amendment activity is clearly established and that the “defense of qualified immunity does not ’pertain … Consequently, they are entitled to qualified immunity.

Herman Runge v. David Dove, Henry Kosters, in Their Individual and Official Capacities and the Douglas School District 51-1

857 F.2d 469 · Court of Appeals for the Eighth Circuit · Sep 19, 1988

Finally, qualified immunity is conceptually distinct from the merits of the suit because it addresses a question of law: whether the law clearly established the impermissibility of the defendant’s actions at the time they … Qualified Immunity Dove and Kosters claim that, as a legal matter, they are entitled to qualified immunity. Qualified immunity protects government officials from unsubstantial suits and harassing litigation, Harlow v.

Bonny Edward Taylor v. Henry P. Hughes

920 F.3d 729 · Court of Appeals for the Eleventh Circuit · Apr 3, 2019

Constitutional claims and qualified immunity Qualified immunity shields “government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … There are two parts to the qualified-immunity analysis: (1) the relevant facts must set forth a violation of a constitutional right, and (2) the defendant must have violated a constitutional right that was clearly established

Eaton v. Meneley

379 F.3d 949 · Court of Appeals for the Tenth Circuit · Aug 3, 2004

Qualified immunity shields government officials performing discretionary functions from liability for civil damages unless their conduct violates clearly established statutory or constitutional rights of which a reasonable … Finally, we are able to turn to the central issue in the case against Meneley on qualified immunity, which is whether the plaintiffs’ allegations, as construed in the light most favorable to them, would establish a violation

Felker v. Christine

796 F. Supp. 135 · District Court, M.D. Pennsylvania · Apr 22, 1992

In exploring whether a right is clearly established, we must find “some but not precise correspondence” with applicable precedents. People of Three Mile Island v. … protection program without notice to the father as father’s right to a hearing was clearly established when the child was placed in the program).

Eric Wenzel v. Carl Storm

899 F.3d 598 · Court of Appeals for the Eighth Circuit · Aug 9, 2018

Qualified immunity shields a law enforcement officer from liability in a § 1983 action unless the officer’s conduct violates a clearly established constitutional or statutory right of which a reasonable person would have … An officer is entitled to qualified immunity “unless (1) the evidence, viewed in the light most favorable to the plaintiff, establishes a violation of a constitutional or statutory right, and (2) the right was clearly established

Courtney v. Oklahoma Ex Rel. Department of Public Safety

722 F.3d 1216 · Court of Appeals for the Tenth Circuit · Jul 15, 2013

Ct. 2088, 2095–96 (2012) (discussing Supreme Court authority which had “injected uncertainty” into clearly established law in the qualified immunity context). Smith’s reading of Moore, Devenpeck, and Atwater is flawed … Alternatively, the district court concluded Smith was entitled to qualified immunity on Courtney’s claim of unlawful arrest because he did not violate clearly established law.

Price-Cornelison v. Brooks

524 F.3d 1103 · Court of Appeals for the Tenth Circuit · May 2, 2008

The next qualified immunity question presented is whether the equal protection right implicated here was clearly established at the time Brooks refused to enforce Price-Cornelison’s permanent protective order. … Whether this Fourth Amendment right was clearly established.

Eugene Burns v. County Of Cambria

971 F.2d 1015 · Court of Appeals for the Third Circuit · Jul 28, 1992

Finally, in considering the qualified immunity defense of the two Roberts defendants, the court held that they were not entitled to qualified immunity as a matter of law. Id. II. … Clearly Established Standard 44 Roberts argues, however, that it was not clearly established at the time of these dismissals that deputy sheriffs, as distinguished from other public officials, were indeed protected under

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.

Derek Thomas v. Jacqueline Carmichael

Court of Appeals for the Seventh Circuit · Jan 23, 2026

To defeat a qualified immunity defense, in addition to showing that the defendant official was deliber- ately indifferent to the plaintiff’s serious medical need, the plaintiff must establish that the right was clearly established … plaintiff’s clearly established right.

Derek Thomas v. Jacqueline Carmichael

Court of Appeals for the Seventh Circuit · Jan 23, 2026

To defeat a qualified immunity defense, in addition to showing that the defendant official was deliber- ately indifferent to the plaintiff’s serious medical need, the plaintiff must establish that the right was clearly established … plaintiff’s clearly established right.

Tonja Ames v. King County

846 F.3d 340 · Court of Appeals for the Ninth Circuit · Jan 13, 2017

City of Tustin, 837 F.3d 1005, 1010 (9th Cir. 2016) (“A defendant who appeals a denial of qualified immunity on the ground that his conduct did not violate the Fourth Amendment and, in any event, did not violate clearly established … IV “In determining whether an officer is entitled to qualified immunity, we consider (1) whether there has been a violation of a constitutional right; and (2) whether that right was clearly established at the time of

Parkulo v. West Virginia Board of Probation & Parole

199 W. Va. 161 · West Virginia Supreme Court · Feb 11, 1997

for official acts if the involved conduct did not violate clearly established laws of which a reasonable official would have known. … acts if the involved conduct did not violate clearly established laws of which a reasonable official would have known.

Veneklase v. City of Fargo

78 F.3d 1264 · Court of Appeals for the Eighth Circuit · Apr 24, 1996

immunity and where issue appealed concerned whether or not certain given facts showed violation of "clearly established" law). … officials performing discretionary functions may rely on the defense of qualified immunity to shield them from liability for civil damages unless their conduct violates "clearly established statutory or constitutional rights

Levon Brooks v. Steven Hayne

860 F.3d 819 · Court of Appeals for the Fifth Circuit · Jun 27, 2017

asks whether the right in question was ‘clearly established’ at the time of the violation.” 10 4 Brooks’ state law claims against Dr. … Qualified immunity is a complete defense, and Defendants are entitled to summary judgment on the basis of qualified immunity unless Plaintiffs can show triable issues as to whether Defendants violated a clearly established

(PC) Perez v. Smith

District Court, E.D. California · Oct 4, 2022

Qualified Immunity 20 The defense of qualified immunity protects “government officials ... from liability for 21 civil damages insofar as their conduct does not violate … based on qualified immunity is appropriate.

Phillips v. Wiseman

64 O.B.A.J. 2317 · Supreme Court of Oklahoma · Jul 20, 1993

The defendant/Commissioner now seeks a writ of prohibition in this Court based upon the doctrine of qualified immunity. The defendant/State of Oklahoma also claims immunity. … Trimble, 795 P.2d 1035 (Okla.1990) we explained that qualified immunity shields an official from damages insofar as the official’s conduct did not violate any clearly established statutory or constitutional rights of which