Case law

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.

Moore v. City of Wynnewood

57 F.3d 924 · Court of Appeals for the Tenth Circuit · Jun 13, 1995

were not clearly established. … Qualified immunity shields Sanders from liability and the burden of having to go to trial unless he violated “clearly established statutory or constitutional rights of which a reasonable person would have known.”

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).

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).

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.

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.

Powell v. Barrett

376 F. Supp. 2d 1340 · District Court, N.D. Georgia · Jul 5, 2005

established” test for qualified immunity) to sustain their liability under an entrustment-based theory. … of qualified immunity.

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.

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

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.’”

Munjoy Sporting & Athletic Club v. Dow

2000 Me. 141 · Supreme Judicial Court of Maine · Jul 21, 2000

“A public official claiming qualified immunity ... must establish either that he or she did not -violate the plaintiffs rights or that given the state of the law a reasonable official would not have understood that he [or … A right is clearly established if “the contours of the right [are] sufficiently clear that a reasonable official would understand that what he is doing violates that- right.

Greenberg v. Kmetko

840 F.2d 467 · Court of Appeals for the Seventh Circuit · Mar 9, 1988

The defendants submit on appeal that they should be shielded from liability by qualified immunity. … A fortiori, constitutional protection for such expressions was not clearly established in 1976.

Grancid Camilo-Robles v. Jose R. Zapata, A/K/A Jose R. Zapata-Rivera

175 F.3d 41 · Court of Appeals for the First Circuit · Apr 20, 1999

Because of its focus on tort causation and culpability, the qualified immunity analysis in neglect-of-risk cases seldom, if ever, raises abstract questions of law about whether a right was clearly established. … We concluded that the applicable law, and, hence, the plaintiffs’ asserted right, was clearly established by *46 1993.

Louis Bianchi v. Thomas McQueen

818 F.3d 309 · Court of Appeals for the Seventh Circuit · Mar 29, 2016

Qualified Immunity Qualified-immunity doctrine holds that “government of- ficials are not subject to damages liability for the perfor- mance of their discretionary functions when ‘their conduct does not violate clearly … was clearly established at the time and under the circumstances presented.”

Crigger v. McIntosh

254 F. Supp. 3d 891 · District Court, E.D. Kentucky · Jun 8, 2017

Generally, a government official performing discretionary functions is entitled to qualified immunity in his individual capacity and is shielded from civil suit if his conduct does not violate clearly established statutory … In determining whether qualified immunity applies, the Court must determine: (i) whether the facts as alleged establish that the officer’s conduct violated a constitutional right and (ii) whether that right was clearly established

Marquez v. Gutierrez

322 F.3d 689 · Court of Appeals for the Ninth Circuit · Mar 6, 2003

The qualified immunity inquiry has two parts: “(1) Was the law governing the state official’s conduct clearly established? (2) Under that law could a reasonable state official have believed his conduct was lawful?” … Accordingly, Gutierrez is entitled to qualified immunity. REVERSED.

Austin v. Redford Township Police Department

859 F. Supp. 2d 883 · District Court, E.D. Michigan · Sep 30, 2011

The qualified immunity objections The defendants’ fourth objection does not challenge the magistrate’s conclusion that the law concerning the use of Tasers on subdued suspects is clearly established. … The fact that defendant Pauli may have violated a clearly established constitutional right necessarily means that defendant Pauli is not entitled to qualified immunity.

Hertog v. City of Seattle

138 Wash. 2d 265 · Washington Supreme Court · Jun 24, 1999

State, 127 Wn.2d 434 , 899 P.2d 1270 (1995), that the qualified personal immunity for parole officers recognized in Taggart does not extend to the State. … If so, Hoover would enjoy qualified personal immunity but the City would not.

Rome v. Romero

225 F.R.D. 640 · District Court, D. Colorado · Nov 22, 2004

Government officials are entitled to qualified immunity from liability for civil damages under § 1983 when their “conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … Even where a qualified immunity defense is asserted, some limited discovery is still permitted.

Aaron Tobey v. Terri Jones

706 F.3d 379 · Court of Appeals for the Fourth Circuit · Jan 25, 2013

Tobey did not allege a facially valid First Amendment claim and even if he did, qualified immunity bars such a claim because they did not violate a clearly established constitutional right. II. … occurred, and two, whether the right violated was clearly established.