Case law

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  • Matthew Tarabochia v. Mickey Adkins

    766 F.3d 1115 · Court of Appeals for the Ninth Circuit · Sep 9, 2014

    “Qualified immunity protects government officials from civil damages ‘insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’” … Clearly Established Although this suspicionless stop and search violated the Fourth Amendment, the WDFW officers are still entitled to qualified immunity on this claim if the Tarabochias’ rights were not clearly established

    Cited 85 timesPublished
  • Theresa Kitzman-Kelley, Guardian for and on Behalf of Melissa Kitzman-Kelley v. Donald Warner, Gary T. Morgan, and Gordon Johnson

    203 F.3d 454 · Court of Appeals for the Seventh Circuit · Feb 10, 2000

    Although clearly recognizing that the issue of qualified immunity may, in some instances, be resolved at the pleadings stage of the litigation, the district court determined that such an adjudication would be inappropriate … Qualified immunity protects government officials from monetary liability when their conduct “does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”

    Cited 53 timesPublished
  • Rooni v. Biser

    742 F.3d 737 · Court of Appeals for the Seventh Circuit · Feb 4, 2014

    “To determine whether a defendant is entitled to qualified immunity, courts must address two issues: (1) whether the defendant violated the plaintiffs constitutional rights and (2) whether the right at issue was clearly established … clearly established.

    Cited 77 timesPublished
  • Jacqueline Tuggle v. Tom Mangan, Missouri Highways and Transportation Commission

    348 F.3d 714 · Court of Appeals for the Eighth Circuit · Nov 6, 2003

    In denying Man-gan’s qualified immunity defense, the district court stated the law was clearly established at the time Mangan acted that intentional sexual harassment by a person acting under color of state law violated the … Qualified Immunity Qualified immunity generally shields state actors from civil liability if “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known

    Cited 71 timesPublished
  • Barber v. Guay

    910 F. Supp. 790 · District Court, D. Maine · Nov 9, 1995

    To overcome qualified immunity, a plaintiff must first allege a violation of a clearly established constitutional right. Id. … Second, if the right is clearly established, qualified immunity will only be denied if a reasonable official should have known that the challenged conduct violated that established right.

    Cited 16 timesPublished
  • Tiffany King v. Charles Blackwood

    Court of Appeals for the Fourth Circuit · Jul 2, 2026

    Officers Berry and Linster advance three more arguments for why the right was not clearly established. … There, an officer made supervisory rounds without looking inside the cells, and we held that he had not violated clearly established law “because there is no clearly established constitutional right to properly

    Cited 0 timesPublished
  • Myers v. Patterson

    819 F.3d 625 · Court of Appeals for the Second Circuit · Apr 11, 2016

    Without evidence regarding the grounds for Patterson’s decision, we are unable to determine whether his actions were contrary to,.clearly established law. … Given that Patterson, upon his motion for summary judgment on qualified immunity, has faded to show facts that would entitle him to qualified immunity, we would ordinarily simply reverse the grant of qualified immunity and

    Cited 79 timesPublished
  • Retzlaff v. De La VINA

    606 F. Supp. 2d 654 · District Court, W.D. Texas · Mar 4, 2009

    Finally, defendants assert qualified immunity as a defense to Retzlaffs federal constitutional claims. Defendants have presented evidence that their actions were reasonable in light of clearly established law. Kinney v. … that defendants’ actions violated clearly established federal law.

    Cited 14 timesPublished
  • Grayson v. Ross

    454 F.3d 802 · Court of Appeals for the Eighth Circuit · Jul 19, 2006

    If the answer is no, we grant qualified immunity. If the answer is yes, we go on to determine whether the right was clearly established. … Sharum is entitled to qualified immunity. 27 b.

    Cited 84 timesPublished
  • Nichols v. Jacobsen Construction Co.

    811 Utah Adv. Rep. 47 · Utah Supreme Court · Apr 28, 2016

    ¶3 We conclude that Jacobsen qualifies as an “eligible employer” under the workers’ compensation statutes and has fulfilled all three of the above requirements, thereby qualifying for immunity from suit. … The court held that Jacobsen would not qualify for immunity “if a significant time passed” before Jacobsen started paying Mr. Nichols’ benefits. Id. ¶ 13.

    Cited 16 timesPublished
  • Horne v. Crozier

    565 N.W.2d 50 · South Dakota Supreme Court · Jun 4, 1997

    To find whether qualified immunity applies, the test is to ask if the officer’s conduct violated clearly established statutory or constitutional rights a reasonable officer would have known at the time. Harlow v. … . [¶ 7] Law enforcement officers will be shielded by qualified immunity if (1) their conduct violates no clearly established constitutional or statutory rights; or (2) it is objectively reasonable for them to believe their

    Cited 20 timesPublished
  • Buchhorn v. Douglas County, Kansas, Board of Commissioners

    District Court, D. Kansas · Jul 2, 2025

    clearly established if a case exists that is factually identical. … than their prosecutorial duties, they are entitled to qualified immunity so long as their conduct does not violate “clearly established statutory or constitutional rights of which a reasonable person would have known

    Cited 0 timesUnknown
  • Trujillo v. Simer

    934 F. Supp. 1217 · District Court, D. Colorado · Jul 25, 1996

    Under the doctrine of qualified immunity, “government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory … The fact that Chief Judge Matsch later ruled the consent was involuntary in the criminal case does not establish that the Defendants are not entitled to qualified immunity.

    Cited 4 timesPublished
  • Shattuck v. Town of Stratford

    233 F. Supp. 2d 301 · District Court, D. Connecticut · Nov 13, 2002

    Even where the plaintiffs, federal rights and the scope of the official’s permissible conduct are clearly established, the qualified immunity defense protects a government actor if it was objectively reasonable for him to … violate” clearly established constitutional rights).

    Cited 25 timesPublished
  • Arizmendi-Corales v. Javier Rivera

    176 F. Supp. 2d 114 · District Court, D. Puerto Rico · Oct 19, 2001

    Qualified immunity shields government officials performing discretionary functions from civil damages insofar as their conduct does not violate a clearly established statutory or constitutional right which should have been … If no violation of a clearly established constitutional right is found, then the analysis halts because “there is qualified immunity.” Aponte Matos v. Toledo Davila, 135 F.3d 182, 187 (1st Cir.1998).

    Cited 6 timesPublished
  • A.M. ex rel. Youngers v. New Mexico Department of Health

    108 F. Supp. 3d 963 · District Court, D. New Mexico · May 15, 2015

    Clearly Established Rights in the Qualified-Immunity Analysis. … with the prior case law and granted qualified immunity for lack of clearly established law.

    Cited 1 timesPublished
  • Scott Drewry v. William Brenner, Individually, and In His Official Capacity as Chief of Police; and the Town of Greybull

    2025 WY 121 · Wyoming Supreme Court · Nov 6, 2025

    The doctrine of qualified immunity precludes Mr. … We conclude Chief Brenner has established that he acted in good faith for the purposes of qualified immunity. [¶26] Differences of opinion are similarly immaterial when applying the reasonableness element.

    Cited 5 timesPublished
  • Jones v. Cannon

    174 F.3d 1271 · Court of Appeals for the Eleventh Circuit · May 11, 1999

    As discussed, a police officer is entitled to qualified immunity when performing discretionary functions unless the officer has violated a clearly established right of which a reasonable police officer would have known. … This Circuit has held that dicta cannot clearly establish the law for qualified immunity purposes. Hamilton v. Cannon, 80 F.3d 1525, 1530 (11th Cir.1996); see also Adams v. St.

    Cited 360 timesPublished
  • Martinez v. New York City Tr. Auth.

    2022 NY Slip Op 00252 · Appellate Division of the Supreme Court of the State of New York · Jan 13, 2022

    At the same time, we find that the TA was not entitled to pretrial dismissal of the complaint on the basis of qualified immunity. … In that case, the Court of Appeals emphasized that a governmental body claiming qualified immunity based on its having studied a particular condition alleged to have caused injury must establish that the study was indeed

    Cited 1 timesPublished
  • Hamid Harris v. City of Newark (085028) (Essex County & Statewide)

    Supreme Court of New Jersey · Mar 30, 2022

    Qualified immunity operates to shield government officials performing discretionary functions generally from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … established.’”

    Cited 0 timesPublished

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