Case law

Felak v. United States

677 F. Supp. 606 · District Court, D. Minnesota · Jan 11, 1988

The complaint does not specifically allege facts which show a violation of a clearly established right and plaintiff has not submitted a responsive memorandum to the summary judgment motion. … Therefore, the defendants are entitled to summary judgment on the basis of qualified immunity.

Walnut Properties, Inc. v. City of Whittier

861 F.2d 1102 · Court of Appeals for the Ninth Circuit · Nov 9, 1988

or, alternatively, qualified immunity. … However, we reverse the district court’s denial of qualified immunity, because we hold that the law did not clearly establish that the second ordinance was unconstitutional at the time it was enacted.

Doe v. LaDue

514 F. Supp. 2d 1131 · District Court, D. Minnesota · Sep 4, 2007

Plaintiffs allege that the OPD’s proactive monitoring approach violated Doe’s clearly established Fourth Amendment right to be free from unreasonable search and seizure 2 and that defendants are not entitled to qualified … As the Fourth Amendment right to be free from unreasonable. search and seizure is a well-established right, even for predatory offender registrants, qualified immunity does not protect the defendant officers. Cf.

Tillman v. Coley

703 F. Supp. 1571 · District Court, M.D. Georgia · Jan 18, 1989

denial of defendant’s claim of good faith or qualified immunity. … action is a violation) violates a clearly established right.

Hawkins v. Baca

114 F. Supp. 2d 987 · District Court, C.D. California · Sep 22, 2000

Public officials sued under § 1983 are entitled to qualified immunity if: (1) the constitutional right they allegedly violated was not clearly established at the time of the violation; or (2) a reasonable official would have … The question was whether that policy violated clearly established law.

Curley v. Klem

298 F.3d 271 · Court of Appeals for the Third Circuit · Aug 2, 2002

If a court concludes that an officer's conduct did violate a clearly established constItutional right, then it must deny him the ~rotection afforded by qualified immunity. See id. at 2156-57. … immunity issues early in the litigation is in tension with the reality that factual disputes often need to be resolved before determining whether the defendant's conduct violated a clearly established constitutional right

Keating v. University of South Dakota

980 F. Supp. 2d 1137 · District Court, D. South Dakota · Sep 30, 2013

Under the doctrine of qualified immunity, state actors are protected from civil liability when “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have … The second step in the qualified immunity inquiry is to determine whether Keating’s free speech right was clearly established at the time his contract was not renewed. See Sexton, 210 F.3d at 910.

Fields v. COUNTY OF BEAUFORT IN SOUTH CAROLINA

699 F. Supp. 2d 756 · District Court, D. South Carolina · Mar 22, 2010

Officials lose the protection of qualified immunity if it appears that (1) they violated a statutory or constitutional right of the plaintiff, and (2) the right was “clearly established” at the time of the acts complained … As previously set forth, the qualified immunity shield operates at two levels: (1) the particular right must be clearly established in the law; and (2) the manner in which this right applies to the actions of the official

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

Dull v. WEST MANCHESTER TP. POLICE DEPT.

604 F. Supp. 2d 739 · District Court, M.D. Pennsylvania · Mar 31, 2009

The court may *749 eschew difficult constitutional issues and award qualified immunity to a defendant if it is apparent that the defendant did not violate rights that were clearly established at the time the defendant acted … To determine whether a police officer enjoys qualified immunity, the court must ascertain whether the officer violated "clearly established statutory or constitutional *752 rights of which a reasonable person would have known

Kenneth B. Krohn v. United States of America

742 F.2d 24 · Court of Appeals for the First Circuit · Sep 28, 1984

Further, we are cognizant that qualified immunity differs from absolute immunity in that it is not so readily decided by motion; obviously, on some occasions officials possessing only qualified immunity must stand trial. … Briscoe established an absolute immunity from section 1983 suit for a police officer/witness.

Musonza v. Costanzo

District Court, District of Columbia · Aug 26, 2026

That is because the Court resolved the excessive force claim on the clearly established prong of the qualified immunity analysis. … An officer might, therefore, be entitled to qualified immunity because they did not violate a clearly established right, but nevertheless not be entitled to the qualified privilege because their use of “force was not objectively

(PC) McNeil v. Toor

District Court, E.D. California · Jan 2, 2024

Qualified Immunity 28 In the alternative, Defendants assert they are entitled to qualified immunity because there 1 is not clearly established case law that provided Defendants … ‘clearly established’ at the time of defendant's alleged 6 misconduct.”

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.

PJ Ex Rel. Jensen v. Wagner

603 F.3d 1182 · Court of Appeals for the Tenth Circuit · May 5, 2010

The “clearly established” prong of the qualified immunity analysis ensures that governmental actors are given fair warning that their conduct is unconstitutional before they are held liable for damages based on that conduct … ’ claims of qualified immunity. 2.

Stidham v. Texas Commission on Private Security

418 F.3d 486 · Court of Appeals for the Fifth Circuit · Jul 28, 2005

Because we find that the defendants deprived Stidham of his clearly established rights in an objectively unreasonable manner, we vacate the district court’s grant of qualified immunity and remand the … are persuaded that, for the purposes of overcoming qualified immunity, Stidham has properly demonstrated the violation of a clearly established right by showing that the defendants deprived him of his

Baker v. Chaplin

497 N.W.2d 314 · Court of Appeals of Minnesota · May 11, 1993

Under this objective standard, officials are entitled to qualified immunity when “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … Thus, a government official sued for his or her actions in the line of duty is entitled to immunity from suit if a reasonable official could have believed that his or her actions were lawful, in light of clearly established

Andrew Cooperrider v. Maggie Woods

127 F.4th 1019 · Court of Appeals for the Sixth Circuit · Feb 7, 2025

“The doctrine of qualified immunity provides that ‘government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established … First, qualified immunity. Qualified immunity is less potent than absolute immunity.

McLain v. Milligan

847 F. Supp. 970 · District Court, D. Maine · Feb 15, 1994

The relevant inquiry for assessing whether Defendant is entitled to qualified immunity is “whether a reasonable officer could have believed” that Defendant’s actions were lawful “in light of clearly established law and the … This Court has delineated a two-step analysis for assessing a claim of qualified immunity: First, the court must consider the more general question of whether the law establishing the right allegedly violated was ‘clearly

Parrish v. City of Wilmington

3 F. Supp. 3d 688 · District Court, S.D. Ohio · Feb 28, 2014

Stanforth further argues he is entitled to qualified immunity (Id.). … Riley further argues he is entitled to qualified immunity because in his view the law is not clearly established as to what process is due when an employee resigns (Id.).