Case law

Douglas v. Miller

864 F. Supp. 2d 1205 · District Court, W.D. Oklahoma · Mar 30, 2012

“Qualified immunity protects government officials performing discretionary functions from individual liability in federal claims unless their conduct violates ‘clearly established statutory or constitutional rights of which … clearly established at the time.”

James v. City of Birmingham

926 F. Supp. 2d 1260 · District Court, N.D. Alabama · Feb 19, 2013

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 which a reasonable person … that were allegedly violated were clearly established.

Sloan v. Dulak

868 F. Supp. 2d 535 · District Court, W.D. Virginia · Apr 11, 2012

Qualified immunity protects public officials, including police officers, facing liability under 42 U.S.C. § 1983 , “ ‘insofar as their conduct does not violate clearly established statutory or constitutional rights of which … Going on to address whether the officer was nevertheless entitled to qualified immunity because the right was not “clearly established,” the First Circuit further stated that “[a] reasonable officer .... would not have needed

Texas A&M University Texas A&M University System Dr. Jerry Gaston And Eugene Ray v. Don Thompson

Texas Court of Appeals, 3rd District (Austin) · Dec 18, 2003

Appellants assert the protection of sovereign immunity, qualified immunity, and quasi-judicial or official immunity against Thompson's numerous claims. … The plaintiff must show that (1) the official's conduct violated a federally guaranteed right, (2) the right was clearly established, and (3) the official's conduct was objectively unreasonable in light of the clearly established

Tate v. Fish

347 F. Supp. 2d 1049 · District Court, D. New Mexico · Sep 17, 2004

Qualified Immunity Under the doctrine of qualified immunity, governmental officials performing discretionary functions generally are shielded from liability for civil damages so long as their conduct does not violate clearly … Due to the purposes behind qualified immunity, the court “reviews summary judgment orders deciding qualified immunity questions differently from other summary judgment decisions.” Olsen v.

Dill v. City of Edmond

155 F.3d 1193 · Court of Appeals for the Tenth Circuit · Aug 28, 1998

Qualified Immunity Defendants argue that the district court erred in denying Vetter qualified immunity. Our analysis of the qualified immunity defense is two-pronged. … In this case, because Vetter’s qualified immunity was predicated on the basis that the law was not clearly established, qualified immunity does not shield the City of Edmond.

Lory Lombardo v. John F. Harvey, Sandy Jenkin, Cathy Smolkovich

865 F.2d 259 · Court of Appeals for the Sixth Circuit · Dec 12, 1988

of the clearly established law and information he possessed). 9 Procedurally, this Circuit has placed the burden on the plaintiff once the issue of qualified immunity is raised: 10 Where a defendant official is entitled … to qualified immunity, the plaintiff must plead facts which, if true, describe a violation of a clearly established statutory or constitutional right of which a reasonable public official, under an objective standard would

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.

Norris v. Engles

494 F.3d 634 · Court of Appeals for the Eighth Circuit · Aug 9, 2007

“If so, then we determine whether the constitutional right was clearly established at the time.” Id. “If either question is answered in the negative, the public official is entitled to qualified immunity.” … a constitutional violation, we need not consider whether her constitutional right to due process was clearly established for purposes of qualified immunity.

Marc Barrera v. City of Mount Pleasant, Mich.

12 F.4th 617 · Court of Appeals for the Sixth Circuit · Sep 3, 2021

The other possibility is that the ambiguity in state law shows that the officers did not violate a clearly established right—the second prong of the qualified immunity test. … He has not shown that they violated clearly established law that would pierce the officers’ qualified immunity shield.

Richard Clemons v. John Couch

3 F.4th 897 · Court of Appeals for the Sixth Circuit · Jul 7, 2021

CLEARLY ESTABLISHED RIGHT In the second step of our qualified-immunity analysis, we must determine whether Richard’s constitutional right was clearly established at the time of the alleged violation. … Under the clearly established prong of qualified immunity, a constitutional violation must be so clearly established by existing precedent that “every reasonable official would interpret it to establish the particular rule

United States v. Albert Tantalo

680 F.2d 903 · Court of Appeals for the Second Circuit · Jun 3, 1982

Defense counsel urged that since the appellant had provided immunized testimony before the grand jury, the Government was called upon to present evidence to the court to establish not only an independent basis for the indictment … The district court’s ruling which upheld the indictments, without calling upon the government to establish that the evidence it proposed to present at the trial was untainted by the appellant’s immunized testimony, was in

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

Bombard v. Volp

44 F. Supp. 3d 514 · District Court, D. Vermont · Sep 8, 2014

Qualified Immunity Officer Volp has also moved for summary judgment on the basis of qualified immunity. … An assertion of qualified immunity requires a court to determine “(1) whether plaintiff has shown facts making out [a] violation of a constitutional right; (2) if so, whether that right was ‘clearly established’; and (3)

Guite v. Wright

976 F. Supp. 866 · District Court, D. Minnesota · Sep 25, 1997

Claims under 42 U.S.C. § 1983 Any individual government officials performing discretionary functions have a qualified immunity defense to a Section 1983 claim for damages “insofar as their conduct does not violate clearly … in the home, the entry violated clearly established law which a reasonable officer should have known.

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

Contreras v. Dona Ana County Board

965 F.3d 1114 · Court of Appeals for the Tenth Circuit · Jul 20, 2020

So I join Chief Judge Tymkovich’s opinion as far as it addresses the “clearly established” prong of the qualified immunity analysis. … A court holds, as the Eleventh Circuit did, that the officer is entitled to qualified immunity because his actions did not violate any clearly established rights. See Corbitt v.

J.M.R. v. County of Talladega

686 So. 2d 209 · Supreme Court of Alabama · Nov 27, 1996

. § 1983 , the defendants raised qualified immunity as a defense. … Under the qualified immunity defense to § 1983 actions, “government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established

Mutter v. Town of Salem

945 F. Supp. 402 · District Court, D. New Hampshire · Nov 14, 1996

The doctrine of qualified immunity protects “government officials performing discretionary functions ... from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … The qualified immunity analysis in this circuit is two-pronged: (1) “the constitutional right asserted by the plaintiff [must be] clearly established at the time of the alleged violation,” and (2) “a reasonable official situated