Case law

Hambric v. Twilley

District Court, N.D. Alabama · Jan 25, 2024

“Qualified immunity offers complete protection for government officials sued in their individual capacities if their conduct ‘does not violate clearly established statutory or constitutional rights of … Because Plaintiff’s allegations fail to show that Sheriff Smith violated clearly established law, he is entitled to qualified immunity. Mitchell, 472 U.S. at 525. IV.

Sellers ex rel. Sellers v. Baer

28 F.3d 895 · Court of Appeals for the Eighth Circuit · Jul 8, 1994

We hold that the conduct of the officers did not violate a clearly established constitutional right of which a reasonable officer would have known, and the officers therefore are entitled to qualified immunity. C. … Accordingly, the officers are entitled to qualified immunity because even the right broadly asserted in this case was not clearly established in 1986. .

Chipman v. City of Florence

866 F. Supp. 332 · District Court, E.D. Kentucky · Oct 12, 1994

After reviewing the parties’ briefs and conducting oral argument, this court concluded that the defendant law enforcement officers had not violated clearly established law and were, therefore, entitled to qualified immunity … As the constitutional rights which the defendant law enforcement officers allegedly violated in this ease are not clearly established, those defendants are entitled to qualified immunity.

Beg Investments, LLC v. Alberti

34 F. Supp. 3d 68 · District Court, District of Columbia · Mar 31, 2014

The doctrine of qualified immunity shields government officials, who are sued in their individual capacity for money damages, for “conduct [that] does not violate clearly established statutory or constitutional rights of … That is certainly the case here. 16  The Court thus turns to the second prong of the qualified immunity analysis — whether it was clearly established, in June

Rigler v. Lampert

248 F. Supp. 3d 1224 · District Court, D. Wyoming · Mar 31, 2017

Qualified immunity shields government officials from civil damages liability unless the official violated a statutory or constitutional right that was clearly established at the time of the challenged conduct. … Callahan, 555 U.S. 223, 236 , 129 S.Ct. 808 , 172 L.Ed.2d 565 (2009), we held that courts may grant qualified immunity on the ground that a purported right was not “clearly established” by prior case law, without resolving

Sheila T. Harper v. Lawrence County

584 F.3d 1030 · Court of Appeals for the Eleventh Circuit · Oct 7, 2009

on qualified immunity. … Were Harper’s rights clearly established at the time?

Dorsey v. Wallace

134 F. Supp. 2d 1364 · District Court, N.D. Georgia · Oct 17, 2000

In doing so, the plaintiffs cannot discharge their burden of showing that a right is clearly established by referring to general rules and abstract rights in order to strip the officers of their qualified immunity. … To overcome qualified immunity, the plaintiffs must show that: (1) the officers violated a federal constitutional right; and (2) the right was clearly established at the time of the violation. See Santamorena v.

Wullschleger v. Peters

28 F. Supp. 2d 549 · District Court, D. Nebraska · Nov 20, 1998

a qualified immunity defense if they prove that their conduct “does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … Qualified immunity is a question of law.

William J. Benson v. Robert H. Allphin

786 F.2d 268 · Court of Appeals for the Seventh Circuit · Apr 11, 1986

Qualified Immunity As government officials performing discretionary functions, Allphin and Rummel are shielded from liability for civil damages in a § 1983 action unless their conduct violated “clearly established statutory … Although the Supreme Court has articulated the rule for qualified immunity, it has not fully explained what it means by the phrase “clearly established statutory or constitutional rights.”

Long v. Norris

929 F.2d 1111 · Court of Appeals for the Sixth Circuit · Apr 29, 1991

established" for purposes of qualified immunity. … established at the time of the searches for purposes of qualified immunity.

Gonzalez v. City of Phoenix

Court of Appeals for the Ninth Circuit · Jan 8, 2026

Under the second prong of the qualified immunity analysis, we examine whether the officers’ constitutional violation was clearly established. … So the clearly established prong of qualified immunity must be analyzed officer by officer. The Ninth Circuit has struggled to apply clearly established law properly in the past. See Kisela v.

Smith v. Plati

56 F. Supp. 2d 1195 · District Court, D. Colorado · Jul 22, 1999

law was clearly established when the alleged violation occurred.” … right was clearly established at the time of the alleged violation.”

Langley v. Coughlin

709 F. Supp. 482 · District Court, S.D. New York · Mar 31, 1989

The grant of qualified immunity, then, depends upon whether there was a clearly established constitutional right of which the defendants knew or should have known at the time. … established at the time, and consequently, defendants are not entitled to summary judgment on their claim of qualified immunity.

Arledge v. Sherrill

738 So. 2d 1215 · Louisiana Court of Appeal · Aug 18, 1999

Additionally, a qualified immunity generally applies to most acts of government officials. 2 Id. In Harlow v. … [[Image here]] It should not be surprising, therefore, that our cases establish that the right the official is alleged to have violated must be “clearly established” in a more particularized, and hence more relevant, sense

Christina Romero v. Amanda Brown

937 F.3d 514 · Court of Appeals for the Fifth Circuit · Aug 29, 2019

The court held that a violation of the right to family integrity was not clearly established in the context of a social worker investigation, entitling both Brown and Mouton to qualified immunity. … Those allegations do not establish that the officers violated clearly established law.

Cooper v. Bonaventura

470 F. Supp. 2d 642 · District Court, W.D. Virginia · Jan 25, 2007

To decide a defense of qualified immunity, I must first determine whether the agent has violated a particular constitutional right and if so, next proceed to decide whether that right was clearly established at the time of … Even assuming that the seizure was not supported by probable cause, Bonaventura is still entitled to qualified immunity so long as the seizure did not violate a clearly established right of which an objectively reasonable

J.R. v. Gloria

599 F. Supp. 2d 182 · District Court, D. Rhode Island · Feb 26, 2009

The second qualified immunity prong examines whether the contours of this right were clearly established in 1996. Anderson, 483 U.S. at 640 , 107 S.Ct. 3034 . … Even if this final parameter of the right was clearly established *202 in 1996, Defendants Gloria and Terry are still entitled to qualified immunity because, under the third and final prong, each would have an objectively

Robert B. Brown v. Texas a & M University

804 F.2d 327 · Court of Appeals for the Fifth Circuit · Nov 17, 1986

Perez In order to overcome Reynolds’ claim of qualified immunity, Brown must show that Reynolds’ conduct “violate[d] clearly established statutory or constitutional rights of which a reasonable person would have known.” … Forsyth, 105 S.Ct. at 2816 (“Unless plaintiffs allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery.”).

Roberts v. City of Shreveport

397 F.3d 287 · Court of Appeals for the Fifth Circuit · Jan 13, 2005

established law.” … Louisiana applies qualified immunity principles to state constitu- tional law claims based on “[t]he same factors that compelled the United States Supreme Court to recognize a qualified good faith immunity for state officers

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).