Case law

Gerhart v. McLendon

714 F. App'x 327 · Court of Appeals for the Fifth Circuit · Oct 25, 2017

A public official is entitled to qualified immunity unless a plaintiff can show “(1) that the official violated a statutory' or constitutional right, and (2) that the right was ‘clearly established’ at the time of the challenged … The Eleventh Circuit concluded that the officer’s failure to do so violated clearly established law and that he was not entitled to qualified immunity. See id. at 955-56 .

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.

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.

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.

Shase Howse v. Thomas Hodous

953 F.3d 402 · Court of Appeals for the Sixth Circuit · Mar 18, 2020

Qualified immunity shields law enforcement officers from civil liability unless the officers (1) violated a statutory or constitutional right and (2) the unlawfulness of their conduct was clearly established at the time. … As for Middaugh, the majority correctly states that, in order to overcome an assertion of qualified immunity, Howse must show that the officers violated a clearly established constitutional right.

Porter v. City of Manchester

151 N.H. 30 · Supreme Court of New Hampshire · May 14, 2004

Qualified Immunity Lafond next argues that the trial court erred by rejecting her qualified immunity defense. … Clearly Established Right We now turn to the second part of the qualified immunity test, whether Porter’s First Amendment rights were clearly established at the time Lafond constructively terminated him.

Angela Borrell v. Bloomsburg University

870 F.3d 154 · Court of Appeals for the Third Circuit · Aug 30, 2017

Ficca is entitled to qualified immunity as long as she does not violate a “clearly established” constitutional or federal right. Sharp, 669 F.3d at 159 (quoting Saucier v. … And the district court cases cited cannot clearly establish law for qualified immunity purposes in any event. See Camreta v. Greene, 563 U.S. 692 , 709 n.7, 131 S.Ct. 2020 , 179 L.Ed.2d 1118 (2011).

William A. Newman, Ph.D. v. Nereu F. Kock, Jr., Jacky Yuk-Chow So, Dan R. Jones, and Ray M. Keck, III

Texas Court of Appeals, 4th District (San Antonio) · Aug 6, 2008

Qualified Immunity Qualified immunity is a defense to federal law claims that shields governmental officials performing discretionary functions from liability as long as their actions could reasonably be thought … that violated clearly established law.

Duhani v. Town of Grafton

52 F. Supp. 3d 176 · District Court, D. Massachusetts · Sep 26, 2014

The qualified immunity analysis requires a court to decide ‘(1) whether the facts alleged or shown by the plaintiff make out a violation of a constitutional right; and (2) if so, whether the right was “clearly established … Since Duhani has failed to establish a violation of his constitutional right, Mclnerney is entitled to qualified immunity.

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 .

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

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

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.”

Mitchell v. Parker

271 F. Supp. 3d 1364 · District Court, N.D. Georgia · Sep 25, 2017

A plaintiff demonstrates that qualified immunity does not apply by showing “(1) the defendant violated a constitutional right, and (2) the right was clearly established at the time of the alleged violation.” … Dowling contends that there is an absence of evidence in the record to support this claim and therefore Dowling could not have violated a clearly established constitutional right and is entitled to qualified immunity.

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

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

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.

Coen v. Runner

854 F.2d 374 · Court of Appeals for the Tenth Circuit · Aug 16, 1988

Qualified immunity is an affirmative defense that protects government officials from personal liability unless their actions violate clearly established law of which a reasonable person would have known. Harlow v. … Coen’s contention that Runner and Lassi-ter acted under color of state law to abridge his clearly established constitutional rights is threefold.

Cook v. City of Topeka

232 Kan. 334 · Supreme Court of Kansas · Dec 3, 1982

Navarette, 434 U.S. 555 [, 55 L.Ed.2d 24 , 98 S.Ct. 855 ] (1978) (qualified immunity for prison officials and officers); Imbler v. … Clearly the routine duty to recall a bench warrant upon payment of the fine cannot be construed as a quasi-judicial act.