Case law

Navarro v. City of Riviera Beach

192 F. Supp. 3d 1353 · District Court, S.D. Florida · Jun 29, 2016

qualified immunity should not apply because: (1) the officers violated a constitutional right; and (2) that right was clearly established at the time of the incident.” … Even to the extent that facts exist capable of demonstrating a violation of a clearly established constitutional right and, thus, overcoming qualified immunity as to Sheriff Bradshaw in his individual capacity, amendment

Latson v. Clarke

249 F. Supp. 3d 838 · District Court, W.D. Virginia · Apr 20, 2017

A court deciding the applicability of qualified immunity must determine “whether a constitutional violation occurred” and “whether the right violated was clearly established.” Tobey, 706 F.3d at 385 . … Where a plaintiff “(1) 'allege[s] a violation of a right (2) that is clearly established at the time of the violation,” a motion to dismiss on qualified immunity grounds must be denied. Evans v.

Moore v. Giorla

302 F. Supp. 3d 700 · District Court, E.D. Pennsylvania · Mar 28, 2018

Qualified Immunity When a defendant in a § 1983 action claims qualified immunity, a court must first determine if the plaintiff's allegations are sufficient to establish the violation of a federal constitutional or statutory … Regarding the qualified immunity analysis, Defendant only contests whether the injury was sufficiently serious, and whether Plaintiff's rights were clearly established.

Williams v. Ontario County Sheriff's Department

662 F. Supp. 2d 321 · District Court, W.D. New York · Sep 21, 2009

Qualified immunity shields law enforcement officials who perform discretionary functions from liability if their conduct does not violate clearly established statutory or constitutional rights of which a reasonable prison … to qualified immunity.

Michael Gatto, as the Personal Representative of Michael Joseph Gatto v. City of Statesboro

Court of Appeals of Georgia · Oct 21, 2019

The defendants moved for summary judgment on all claims, asserting, inter alia, that the City is entitled to sovereign immunity, that Starling is entitled to qualified or official immunity, and that no act or omission of … The trial court ruled that Starling was entitled to sovereign immunity; the trial court never addressed whether she was entitled to qualified immunity as asserted by the defendants.

Perez v. County of Westchester

83 F. Supp. 2d 435 · District Court, S.D. New York · Feb 16, 2000

Qualified immunity shields government officials from liability for damages stemming from their performance of discretionary official functions “insofar as their conduct does not violate clearly established statutory or constitutional … Indeed, “[u]nless the 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.” Mitchell v.

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.”

Flores v. Morgan Hill Unified School District

324 F.3d 1130 · Court of Appeals for the Ninth Circuit · Apr 8, 2003

The district court also held that the right to be free from discrimination on the basis of sexual orientation was clearly established. Defendants filed this interlocutory appeal of the denial of qualified immunity. … Clearly Established Law Defendants are entitled to qualified immunity only if the law at the time of the alleged constitutional violation was not clearly established. See Saucier, 533 U.S. at 201-02, 121 S.Ct. 2151 .

Glenn v. Washington County

661 F.3d 460 · Court of Appeals for the Ninth Circuit · Dec 27, 2011

the right was clearly established at the time of the alleged misconduct. … Smith, 394 F.3d at 703 (reversing district court’s grant of qualified immunity).

James Wilburn Feagley v. Bill Waddill, Superintendent, Abilene State School

868 F.2d 1437 · Court of Appeals for the Fifth Circuit · Apr 4, 1989

In denying this motion, the district court determined that a cause of action under section 1983 had been asserted and that none of the defendants had established entitlement to qualified immunity. … Creighton, 483 U.S. 635 , 107 S.Ct. 3034 , 97 L.Ed.2d 523 (1987), the Court further refined the principles of qualified immunity by holding that the right allegedly violated by the defendant’s conduct “must have been ‘clearly

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.

Danielle Ex Rel. Komando v. Adriazola

284 F. Supp. 2d 1368 · District Court, S.D. Florida · Sep 4, 2003

However, individual government employees acting within the scope of their official duties enjoy the defense of qualified immunity unless their actions violate “clearly established statutory or constitutional rights of which … Defendants further contend that, even if Plaintiff does state a claim under § 1983, that violation of these state rules was not clearly established, and, therefore, the Defendants are entitled to qualified immunity.

Villarreal v. City of Laredo

94 F.4th 374 · Court of Appeals for the Fifth Circuit · Jan 23, 2024

Under the normal standards of qualified immunity, no “clearly established law” placed the officers on notice of Villarreal’s First Amendment right not to be arrested. … Even those who argue for some version of qualified immunity nevertheless disavow the clearly-established- law requirement. See, e.g., Scott Keller, Qualified and Absolute Immunity at Common Law, 73 Stan. L.

Linda Denno, as Parent, Legal Guardian and Next Friend for Wayne Denno v. School Board of Volusia County, Florida Dennis Roberts, an Individual

218 F.3d 1267 · Court of Appeals for the Eleventh Circuit · Jul 20, 2000

QUALIFIED IMMUNITY FOR THE INDIVIDUAL DEFENDANTS Qualified immunity shields government officials from both suit and liability if their conduct violates no clearly established right of which a reasonable person would have … As indicated in our elaboration above of the qualified immunity standard, pre-exist-ing law must clearly establish the alleged constitutional right.

Fahirri Dannah v. City of Grand Rapids

Court of Appeals for the Sixth Circuit · May 29, 2026

The district court rejected the officers’ qualified-immunity defense, reasoning that a jury could find that they violated Dannah’s clearly established Fourth Amendment rights. … Page 4 Qualified immunity saves officers “the time, expense and risk of money-damages actions unless they violate clearly established constitutional rights.” Moore v.

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.

Gomez v. Lozano

839 F. Supp. 2d 1309 · District Court, S.D. Florida · Mar 13, 2012

Qualified immunity does not apply where (1) the facts show a constitutional-rights violation, and (2) the law clearly established that right at the time the official violated it. See Pearson v. … Therefore, qualified immunity attaches to Mr. Lozano. Even if I independently considered the clearly established-law issue, I would hold that qualified immunity attaches.

DeAnzona v. City & County of Denver

222 F.3d 1229 · Court of Appeals for the Tenth Circuit · Aug 2, 2000

If the defendant argues that she is entitled to qualified immunity under the plaintiff's version of the facts because the plaintiff has not demonstrated a violation of clearly established law, this Court may properly exercise … We hold that the district court erred by denying Brooks's motion for qualified immunity. DeAnzona had the burden of proving with specificity how Brooks violated Redd's clearly established right. See Tonkovich v.

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

Fletcher v. Town of Clinton

196 F.3d 41 · Court of Appeals for the First Circuit · Nov 8, 1999

Qualified immunity analysis is two-pronged. "First, the court must establish whether the constitutional right asserted by the plaintiff was 'clearly established' at the time of the alleged violation." St. … The charge of escape did not result in a violation of her clearly established constitutional rights, and the officers are, therefore, protected by qualified immunity. C.