Case law

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.

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.

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

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.

Metlin v. Palastra

729 F.2d 353 · Court of Appeals for the Fifth Circuit · Apr 9, 1984

After finding appellate jurisdiction over the denial of the officer’s claim of absolute immunity, we exercise pendent jurisdiction over his qualified immunity claim and conclude that the Army officer is entitled to qualified … Unless the ... plaintiff can establish that the defendant officials have violated clearly established law, the claim for damages must be dismissed.” Sampson v. King, 693 F.2d 566, 570 (5th Cir.1982).

Mark Debower, plaintiff-appellee/cross-appellant v. County of Bremer, Iowa, Duane Hildebrandt, in His Individual and Official Capacities, and Dennis Miller, in His Individual and Official Capacities, defendants-appellants/cross-appellees.

Court of Appeals of Iowa · Apr 30, 2014

In the post-trial motion ruling the district court noted qualified immunity is defeated where a defendant violates a clearly establish right. … “[T]he doctrine of qualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable

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

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.

El-Ghazzawy v. Berthiaume

636 F.3d 452 · Court of Appeals for the Eighth Circuit · Mar 15, 2011

“Qualified immunity shields a public official . . . from civil lawsuits when her conduct does not violate ‘clearly established statutory or constitutional rights of which a reasonable person would have known.’” Doe v. … In analyzing qualified immunity, we ascertain (1) whether the facts alleged, construed in the light most favorable to the nonmoving party, establish a violation of a constitutional right, and (2) whether such right was clearly

Jerome Williams v. Jon Ozmint

716 F.3d 801 · Court of Appeals for the Fourth Circuit · May 15, 2013

Qualified immunity extends to protect officials “who commit constitutional violations but who, in light of clearly established law, could reasonably believe that their actions were lawful.” Henry, 652 F.3d at 531 . … A qualified immunity inquiry involves two steps.

Blake v. Wilson

962 So. 2d 705 · Court of Appeals of Mississippi · Apr 17, 2007

Therefore, the officers are also entitled to summary judgment due to discretionary function immunity. Qualified Immunity ¶ 26. … well as qualified immunity. 5.

Brandon Case v. Officer Beasley

Court of Appeals for the Fourth Circuit · Feb 17, 2026

If the right was not clearly established, then the Officers are entitled to immunity from liability. Id. … We found that the guard was entitled to qualified immunity because there was no clearly established right “to have a correctional officer look into the cell window while conducting a security check—given

DePree v. Saunders

588 F.3d 282 · Court of Appeals for the Fifth Circuit · Nov 13, 2009

First, if DePree’s speech was constitutionally protected, Saunders was entitled to qualified immunity because her conduct did not violate a clearly established constitutional right. Foley v. … “Qualified immunity protects public officials from suit unless their conduct violates a clearly established constitutional right.” Mace v. City of Palestine, 333 F.3d 621, 623 (5th Cir. 2003).

Edwards v. Jolliff-Blake

907 F.3d 1052 · Court of Appeals for the Seventh Circuit · Nov 1, 2018

right was clearly established at the time of the alleged violation." … We conduct this inquiry against the backdrop of the Supreme Court's repeated (and recent) reminders "not to define clearly established law at a high level of generality" and with the understanding that qualified immunity

Dorian Johnson v. City of Ferguson

864 F.3d 866 · Court of Appeals for the Eighth Circuit · Jul 25, 2017

a clearly established constitutional violation. … Whether Officer Wilson and Chief Jackson are entitled to qualified immunity turns on whether it was clearly established that Officer Wilson violated Johnson’s Fourth Amendment rights.

B.R. v. W. Va. Dept. of Health and Human Resources, etc.

West Virginia Supreme Court · May 14, 2018

Accordingly, we agree with the circuit court’s finding that “[p]leading simple negligence, without a violation of a clearly established right, is insufficient to overcome qualified immunity.” … [the West Virginia Governmental Tort Claims and Insurance Reform Act], is entitled to qualified immunity from personal liability for official acts if the involved conduct did not violate clearly established

Collins v. City of N.Y.

295 F. Supp. 3d 350 · District Court, S.D. Illinois · Mar 29, 2018

The second prong of the qualified-immunity analysis asks whether the right in question was 'clearly *363 established' at the time of the violation." Tolan v. … immunity was not clearly established."

Smith v. Township of Prairieville

194 F. Supp. 3d 658 · District Court, W.D. Michigan · Jul 11, 2016

Accordingly, no constitutional violation occurred, and the officers are entitled to qualified immunity for this claim. 2. The right was not clearly established. … Clearly Established Right Detective Gustafson also argues that he is entitled to qualified immunity “because it was not clearly established in this particular context that opéning a utensil drawer during a consensual search