Case 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

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.”

Ted P. Campbell v. Ernest Mercer, as Mayor of Elmore City, and as an Individual

926 F.2d 990 · Court of Appeals for the Tenth Circuit · Feb 26, 1991

The central issue in connection with defendant Mercer’s claim of qualified immunity is whether it was clearly established law in 1987 that plaintiff Campbell had a constitutional right to a post-termination hearing. … Also, the law was not clearly established that plaintiff had a constitutional right to a post-termination hearing.

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.

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

Simon v. City of New York

819 F. Supp. 2d 145 · District Court, E.D. New York · Oct 7, 2011

Absolute and Qualified Immunity 1. The Prosecutor’s Actions In Imbler v. … It is beyond dispute that individuals are protected by qualified immunity so long as “(1) their conduct does not violate clearly established constitutional rights, or (2) [it] was objectively reasonable for them to believe

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

Latoya Aaron v. Darren King

Court of Appeals for the Sixth Circuit · Apr 1, 2026

Qualified immunity shields officials from lawsuits for money damages unless they violated clearly established constitutional rights. Reichle v. Howards, 566 U.S. 658, 664 (2012). … But Aaron’s cases, yet again, turn on materially different facts and thus fail to provide the kind of clearly established law needed to pierce qualified immunity. In Champion v.

Marilyn Centanni v. Eight Unknown Officers

15 F.3d 587 · Court of Appeals for the Sixth Circuit · Feb 3, 1994

In addition to establishing a constitutional violation, a plaintiff must show that the right in question was “clearly established” to overcome a defense of qualified immunity. … immunity because clearly established law renders such action unconstitutional. 1 .

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

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

Negron v. City of New York

976 F. Supp. 2d 360 · District Court, E.D. New York · Oct 4, 2013

An assertion of qualified immunity requires a court to determine “(1) whether plaintiff has shown facts making out violation of a constitutional right; (2) if so, whether that right was clearly established; and (3) even if … Whether the Constitutional Right Violated Was Clearly Established Even if their actions are found to have constituted unreasonable or excessive force, Marchesona and Pigott would still be entitled to qualified immunity if

Dees v. Vendel

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

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

Bryant v. Louisville Metro Hous. Auth.

568 S.W.3d 839 · Missouri Court of Appeals · Mar 14, 2019

Louisville Metro, then, is clearly cloaked in sovereign immunity. … Juanita Mitchell is entitled to official qualified immunity Because we have held that LMHA is an immune entity, we must determine whether Mitchell is, therefore, extended qualified official immunity for her actions as a government

Fenwick v. United States of America

926 F. Supp. 2d 201 · District Court, District of Columbia · Mar 1, 2013

Fenwick’s clearly established rights. The Court therefore does not find the defendants entitled to qualified immunity at this juncture. 1. … Clearly Established Right With respect to the second prong of the qualified immunity analysis, it was clearly established at the time of this incident that shooting a fleeing suspect who is not presently

McCormick v. City of Lawrence

325 F. Supp. 2d 1191 · District Court, D. Kansas · Jun 24, 2004

Even if the court were to proceed to the second prong of the qualified immunity analysis, the court would determine that it is not clearly established that Plaintiffs were- engaging in protected speech. … See Camfield, 248 F.3d at 1228 (citing Tonkovich, 159 F.3d at 530 (holding that qualified immunity was proper when the plaintiff failed to cite any case law showing that the law was clearly established)).

Morris v. Jackson

353 F. Supp. 2d 1199 · District Court, M.D. Alabama · Jan 10, 2005

However, qualified immunity does extend to this decision. … Qualified immunity protects § 1983 defendants from liability for injury arising from discretionary acts as long as the acts do not violate clearly established federal statutory or constitutional rights of which a reasonable

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.”

Judy Baker Mary Allison and Bonnie Johnson v. Pat Hadley, Columbiana County Auditor

72 F.3d 129 · Court of Appeals for the Sixth Circuit · Dec 5, 1995

The Supreme Court has also instructed that when analyzing whether a right is clearly established, the court must carefully define the right at issue: 9 The operation of this ["clearly established law"] standard, however, … action is a violation) violates a clearly established right.

Rodriguez-Cruz v. Trujillo

443 F. Supp. 2d 240 · District Court, D. Puerto Rico · Aug 11, 2006

Immunity Lastly, defendant raises the qualified immunity defense. … Thus, “qualified immunity remains available to defendants who demonstrate that they acted objectively reasonably in applying clearly established law to the specific facts they faced.” Burke v.