Case law

Verdecia v. United States

327 F.3d 1171 · Court of Appeals for the Tenth Circuit · Apr 29, 2003

a violation of clearly established law, this Court may properly exercise jurisdiction over an interlocutory appeal”). … This court, however, “reviews summary judgment orders deciding qualified immunity questions differently from other summary judgment decisions” because of the purposes behind qualified immunity. Holland v.

Cerrone v. Cahill

84 F. Supp. 2d 330 · District Court, N.D. New York · Jan 28, 2000

Standard for Qualified Immunity The doctrine of qualified immunity shields government officials from suit for acts undertaken in the course of their duties if “their conduct does not violate clearly established statutory … When a right is clearly established, qualified immunity also attaches “insofar as it was objectively reasonable to believe that [the government agent’s] acts did not violate these rights.” Calamia v.

John Griswold v. Trinity Health Michigan

Court of Appeals for the Sixth Circuit · May 11, 2026

“Qualified immunity attaches when an official’s conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Kisela v. … But it was not clearly established that the circumstances leading to his death satisfied the objective prong of the Farmer test. The jail officials therefore are entitled to qualified immunity.

Helfrick v. Rabb

District Court, W.D. Virginia · Dec 1, 2021

qualified immunity — are either without merit or do not dispose of Helfrick’s claims for prospective relief. … Va. 2017) (holding that claims against Commonwealth’s attorney or his office are paid in part by the state, thus qualifying for immunity), aff’d, 715 F.

Borrero v. Metro-Dade County

19 F. Supp. 2d 1310 · District Court, S.D. Florida · May 13, 1998

Therefore, qualified immunity will not apply only when a reasonable official would have known that her actions violated an individual’s clearly established rights. See Anderson v. … Therefore, as the facts stand at the summary judgment stage, Officer Serrano is not entitled to qualified immunity. 3 Moreover, showing that a right is “clearly established” is not the only way a plaintiff can get around

Lopez v. Aran

600 F. Supp. 323 · District Court, D. Puerto Rico · Oct 31, 1984

The defense of qualified immunity shields government officials from liability for civil damages in the exercise of discretionary functions insofar as their conduct “does not violate clearly established statutory or constitutional … statutory right clearly established at that time.

Bueno v. Chekush

355 F. Supp. 3d 987 · District Court, D. Colorado · Dec 21, 2018

Clearly Established Law Regarding the second prong of the qualified immunity analysis, the plaintiff must demonstrate that the constitutional right was clearly established at the time of the misconduct. … The dispositive question is whether the violative nature of the particular conduct is clearly established .... Qualified immunity protects all but the plainly incompetent or those who knowingly violate the law.

Lyles v. City of Barling

17 F. Supp. 2d 848 · District Court, W.D. Arkansas · Jun 26, 1998

A court must measure the objective reasonableness of a defendant’s conduct by reference to clearly established law. “No other ‘circumstances’ are relevant to the issue of qualified immunity.” Davis v. … that were ‘clearly established’ at the time it was taken.”

Perry Center, Inc. v. Heitkamp

576 N.W.2d 505 · North Dakota Supreme Court · Apr 8, 1998

Questions of qualified immunity are usually ones of law for a court to decide. Wishnatsky . … Absolute immunity defeats a suit at the outset, while an official with qualified immunity must establish, his of her conduct did not violate clearly established statutory or constitutional rights of which a reasonable person

Trujillo v. Board of Education of the Albuquerque Public Schools

377 F. Supp. 2d 977 · District Court, D. New Mexico · Sep 17, 2004

LAW ON QUALIFIED IMMUNITY 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 … SECOND PRONG OF THE QUALIFIED IMMUNITY ANALYSIS: THE LAW MUST BE CLEARLY ESTABLISHED. Whether the law was clearly established at the time the claim arose is a legal issue for the court. See Elder v.

Linscott

District Court, W.D. Michigan · Oct 23, 2025

If the court can conclude either that no constitutional violation occurred or that the right was not clearly established, qualified immunity is warranted. … In response to Defendants’ qualified immunity argument, Plaintiff simply argues that Defendants are not entitled to qualified immunity without citing any case that he claims shows Defendants violated clearly established

Blackburn v. Jansen

241 F. Supp. 2d 1047 · District Court, D. Nebraska · Jan 14, 2003

. § 1983 , is entitled to qualified immunity unless the plaintiff shows that the official violated a “clearly established” federal statutory or constitutional right of the plaintiff. … Pelzer, 536 U.S. 730 , 122 S.Ct. 2508, 2515 , 153 L.Ed.2d 666 (2002), recently described “clearly established law” as follows: As we have explained, qualified immunity operates “to ensure that before they are subjected to

Thomas v. Collins

860 S.W.2d 500 · Texas Court of Appeals, 1st District (Houston) · Jul 1, 1993

To meet this burden, the plaintiff must establish that the defendant’s conduct “violated clearly established statutory or constitutional rights of which a reasonable person would have known.” Brown v. … Reviewing appellant’s pleading under this standard, his allegations are sufficient to allege that Collins violated his clearly established eighth amendment rights.

Gordon v. Sadasivan

144 Mich. App. 113 · Michigan Court of Appeals · Jul 2, 1985

did not violate a clearly established constitutional right of which the defendant knew of should have known. … We also find that plaintiff has alleged the violation of a clearly established constitutional right of which a reasonable person would have known.

Randall Fennell v. Matthew Gregory

414 F. App'x 32 · Court of Appeals for the Ninth Circuit · Jan 31, 2011

violated a constitutional right; and (2) whether the right was clearly established in light of the circumstances of this case. … established for qualified immunity purposes.

State ex rel. Youth Services Systems, Inc. v. Wilson

204 W. Va. 637 · West Virginia Supreme Court · May 13, 1999

In this case, Youth Services contends that the circuit court’s ruling with regard to its entitlement to immunity was clearly erroneous as a matter of law. III. … Since the immunity provisions at issue apply only to political subdivisions, Youth Services must first qualify as a “political subdivision” to invoke statutory immunity.

Westfahl v. District of Columbia

District Court, District of Columbia · Nov 4, 2015

Qualified Immunity Defendants first contend that Officer Robinson is entitled to qualified immunity with respect to Westfahl’s excessive-force claim. … “Qualified immunity shields federal and state officials from money damages unless a plaintiff” shows “(1) that the official violated a statutory or constitutional right, and (2) that the right was ‘clearly established’

Wilson v. State

84 Wash. App. 332 · Court of Appeals of Washington · Dec 20, 1996

A plaintiff seeking to rebut a defendant’s claim of qualified immunity must demonstrate that the defendant’s conduct interfered with a clearly established constitutional right. White, 78 Wn. App. at 837 . … Thus, Wilson has failed to show that defendants interfered with his "clearly established” constitutional free speech rights. Consequently, the individual defendants may claim the defense of qualified immunity.

Martino v. Hogan

37 Mass. App. Ct. 710 · Massachusetts Appeals Court · Dec 13, 1994

The defendants answered with denials and defenses including the defense of “qualified immunity.” … Finally, even were it assumed that the constitutional rule was “clearly established” and violated, so that qualified immunity did not attach, the defendants could be held individually liable for damages for the infractions

Gonzalez v. Lee County Housing Authority

161 F.3d 1290 · Court of Appeals for the Eleventh Circuit · Dec 2, 1998

(en banc), cert. denied , — - U.S.-, 118 S.Ct. 412 , 139 L.Ed.2d 315 (1997) (explaining that decisions from only these courts clearly establish the law for the purposes of qualified immunity). … immunity, but this entirely discrete question: Is qualified immunity defeated where a defendant violates any clearly established duty, including one under state law, or must the clearly established right be the federal right