Case law

Kirkland v. St. Vrain Valley School District No. Re-1J

464 F.3d 1182 · Court of Appeals for the Tenth Circuit · Sep 26, 2006

After a defendant asserts a qualified immunity defense, the burden shifts to the plaintiff, and the plaintiff must first establish that the defendant’s actions violated a constitutional or statutory right … This is the process for the law’s elaboration from case to case, and it is one reason for our 5 If “the plaintiff successfully establishes the violation of a clearly established right, the burden shifts

William Darnell v. Col. John H. Ford

903 F.2d 556 · Court of Appeals for the Eighth Circuit · Jun 22, 1990

The court reasoned that this claim was not “clearly established” in the law, and therefore Ford was protected under the doctrine of qualified immunity. The Patrol reinstated Darnell to the rank of Captain. … Whether qualified immunity should be applied in this case depends on whether the law was clearly established at the time the action occurred. The trial court should make this determination.

Cassiopia Rhoads v. Erik Riddell

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

Thus, if the violation of the Eighth Amendment standard was clearly established in 2019, then Defendants are not entitled to qualified immunity. See Mays v. … Because it was clearly established that the Constitution required Defendants to do something, the Court correctly affirms the denial of qualified immunity.

Smithson v. Aldrich

235 F.3d 1058 · Court of Appeals for the Eighth Circuit · Dec 21, 2000

clearly established; and (3) raise[d] a genuine issue of fact as to whether the official would have known that his alleged conduct would have violated the plaintiff[s'] clearly established right." … Stated another way, qualified immunity shields a defendant from suit if he or she could have reasonably believed his or her conduct to be lawful "in light of clearly established law and the information [that the defendant

Shroff v. Spellman

604 F.3d 1179 · Court of Appeals for the Tenth Circuit · May 4, 2010

In deciding whether Officer Spellman is entitled to qualified immunity under the second Saucier requirement.that the law must be clearly established, we must determine whether it would have been clear to a reasonable officer … Shroff had been arrested without probable cause under clearly established law.

Franklin v. Fox

107 F. Supp. 2d 1154 · District Court, N.D. California · Jul 17, 2000

THE QUALIFIED IMMUNITY MOTIONS Under the doctrine of qualified immunity, government officials performing discretionary functions are shielded from liability for civil damages if “their conduct does not violate clearly established … “Determining whether a public official is entitled to qualified immunity ‘requires a two-part inquiry: (1) Was the law governing the state official’s conduct clearly established?

MILLER v. GOGGIN

District Court, E.D. Pennsylvania · Mar 29, 2024

purposes of qualified immunity.” … Forsyth, 472 U.S. 511, 526 (1985) (“Unless the plaintiff’s allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of

Evenstad v. Herberg

994 F. Supp. 2d 995 · District Court, D. Minnesota · Jan 10, 2014

A government actor is entitled to qualified immunity if his conduct did not violate “clearly established” law at the time. 6 Defendants argue that the infliction of de minimis injury did not violate clearly established law … Defendants raise qualified immunity as a defense to all of Evenstad’s claims, but as the laws relevant to his other surviving claims were clearly established in 2006 (e.g., the right to be free from retaliation for the exercise

Delgado v. Miami-Dade County

456 F. Supp. 2d 1234 · District Court, S.D. Florida · Oct 9, 2006

For a right to be “clearly established” for qualified immunity purposes, previous case law must have developed it in a concrete factual context so as to make it obvious to a reasonable government actor that his actions violate … The Court finds that Officer David Riley is entitled to qualified immunity.

Zamora v. City of Belen

383 F. Supp. 2d 1315 · District Court, D. New Mexico · Apr 27, 2005

Having raised the defense of qualified immunity, Zamora must come forward with evidence establishing that a constitutional violation occurred, and, if so, that the law is clearly established. … Because Zamora has not established a constitutional violation or, even assuming a constitutional violation, that the law is clearly established, Valdez is entitled to qualified immunity on the false arrest claim. V.

April Myrick v. Fulton County, Georgia

69 F.4th 1277 · Court of Appeals for the Eleventh Circuit · Jun 7, 2023

That means that if a defendant raises the affirma- tive defense of qualified immunity, the district court must dismiss any claims that do not allege a violation of clearly established law. … Qualified immunity “shields a government official from lia- bility unless he violates ‘clearly established statutory or constitu- tional rights of which a reasonable person would have known.’”

Martinez v. City of Schenectady

115 F.3d 111 · Court of Appeals for the Second Circuit · May 13, 1997

does not violate clearly established statutory or constitutional rights of which a reasonable person would have known,’ Harlow v. … The officers are therefore entitled to qualified immunity from Martinez’s section 1983 claim.

Youngs v. Fusaro

179 F. Supp. 3d 198 · District Court, D. Connecticut · Mar 31, 2016

Qualified Immunity Defendants assert, as a defense to both of Plaintiffs Fourth Amendment and Fourteenth Amendment claims, that they are shielded from the lawsuit by the doctrine of qualified immunity. … “Qualified immunity shields government officials whose conduct ‘does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’ ” Martel v.

Bernard Coady v. Russell Steil

187 F.3d 727 · Court of Appeals for the Seventh Circuit · Sep 9, 1999

immunity because, if the plaintiff had a constitutional right, it was not clearly established on March 18, 1995. … If Steil violated a clearly established constitutional right “of which a reasonable person would have known,” then he may not claim qualified *734 immunity from suit. See Harlow v.

Randy James Barber, Administrator of the Estate of Kenneth Robert Barber, Deceased v. City of Salem, Ohio

953 F.2d 232 · Court of Appeals for the Sixth Circuit · Jan 7, 1992

Because there was no clearly established right to a suicide prevention facility for pretrial detainees, the police officers were entitled to qualified immunity. … In reaching our decision regarding the police officers’ qualified immunity in Da-nese, we considered the law clearly established at the time of the decedent’s suicide.

Barbera v. Smith

654 F. Supp. 386 · District Court, S.D. New York · Feb 9, 1987

Plaintiff’s claims may be dismissed on grounds of qualified immunity if defendants show that “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known … Unless plaintiff’s allegations state a claim of violation of clearly established law, defendants pleading qualified immunity, as Martin and Schlessinger do here, are entitled to dismissal before the commencement of discovery

Mountain Pure, LLC v. Roberts

27 F. Supp. 3d 962 · District Court, E.D. Arkansas · Jun 13, 2014

Qualified immunity “will be upheld on a 12(b)(6) motion only when the immunity is established on the face of the complaint.” Weaver v. Clarke, 45 F.3d 1253, 1255 (8th Cir.1995). … Even so, named defendants are entitled to qualified immunity if plaintiffs’ allegedly violated constitutional rights were not clearly established at the time.

BARLOW EX REL. MONCEBAIZ v. Owens

400 F. Supp. 2d 980 · District Court, S.D. Texas · Jul 22, 2005

Defendants assert that they are entitled to qualified immunity because Plaintiff has not shown a violation of a constitutional right and because Defendants’ actions were objectively reasonable in light of clearly-established … Conclusions Because Defendants’ actions in investigating the neighbor’s report, detaining Moncebaiz, and then arresting him were not unreasonable in light of clearly established law, Defendants are entitled to qualified immunity

Argueta v. Jaradi

86 F.4th 1084 · Court of Appeals for the Fifth Circuit · Nov 17, 2023

The qualified-immunity inquiry has two parts. … Once an officer pleads qualified immunity, it is the plaintiff’s burden to establish that the officer violated the plaintiff’s clearly established federal rights. Estate of Davis v.

Justin Schimandle v. DeKalb County Sheriff's Office

114 F.4th 648 · Court of Appeals for the Seventh Circuit · Aug 28, 2024

A Qualified immunity requires the court to determine: (1) whether the record evidences the violation of a federal statu- tory or constitutional right; and if so (2) whether the right violated was clearly established at … “There is no question that [Schimandle’s] constitutional right to be free from arrest without probable cause was clearly established at the time of the incident.”