Case law

SMITH v. MCKINNEY

District Court, E.D. Pennsylvania · Oct 6, 2023

As an affirmative defense, the burden of establishing qualified immunity falls on to the official claiming it. , 642 F.3d 163, 176 (3d Cir. 2011). … clearly established when the conduct took place. , 905 F.3d at 716.

Gunasekera v. Irwin

551 F.3d 461 · Court of Appeals for the Sixth Circuit · Jan 8, 2009

established to defeat the defendants’ qualified immunity defense must wait until a factual record has been developed. … established for purposes of qualified immunity before a factual record had been developed.

Alexander v. University of North Florida

39 F.3d 290 · Court of Appeals for the Eleventh Circuit · Dec 2, 1994

PER CURIAM: Principles of qualified immunity control this case. … But, nothing in Cornelius comes close to the “clearly established” standard required to overcome the qualified immunity defense in this case.

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

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.

Allan F. Archer, Jr. v. Gilbert Sanchez

933 F.2d 1526 · Court of Appeals for the Tenth Circuit · Jul 1, 1991

Anderson then guides our inquiry into whether qualified immunity shields Mr. … While the court must decide whether the law in question was clearly established, Meade v.

Emerson v. Borland

927 S.W.2d 709 · Texas Court of Appeals, 3rd District (Austin) · Sep 18, 1996

(ii) Qualified immunity. … To preclude immunity from suit, the clearly established right must be the federal right on which the claim for relief is based and must be established at the time of the violation. Elder v.

Michael Segaline v. State Of Wa, Dept. Of L & I

Court of Appeals of Washington · Jul 17, 2017

If Alan Croft has qualified immunity as to the trespass notice he is entitled to qualified immunity for the actions that flowed from it. ... Absent a clearly established right, Mr. … The doctrine of qualified immunity shields government officials from civil liability and money damages so long as "'their conduct does not violate clearly established ...

Jerry Nelson v. Keyvon Sellers

Court of Appeals for the Eleventh Circuit · Jan 5, 2024

clearly established law.” … Nelson’s Right Was Clearly Established. All that remains is “the clearly established prong of the qual- ified immunity inquiry.” Helm v.

Mutter v. Town of Salem

945 F. Supp. 402 · District Court, D. New Hampshire · Nov 14, 1996

The doctrine of 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 … The qualified immunity analysis in this circuit is two-pronged: (1) “the constitutional right asserted by the plaintiff [must be] clearly established at the time of the alleged violation,” and (2) “a reasonable official situated

Giles v. Kearney

571 F.3d 318 · Court of Appeals for the Third Circuit · Jul 15, 2009

right” and “the right was clearly established” at the time of the objectionable conduct. … In holding that no constitutional right was clearly established at the time of the incident and in granting qualified immunity to the officers in their individual capacities, the District Court noted Giles’ factual allegations

Solis v. Prince George's County

153 F. Supp. 2d 793 · District Court, D. Maryland · Jul 13, 2001

Qualified Immunity under 12 U.S.C. § 1983 Under § 1983, state officials performing discretionary functions are entitled to qualified immunity where their conduct “does not violate clearly established statutory or constitutional … Accordingly, the Court finds that Officer Ruffin has not established an entitlement to qualified immunity as to Plaintiffs Fourth Amendment claim. b.

Ying Jing Gan v. City of New York

996 F.2d 522 · Court of Appeals for the Second Circuit · Jun 1, 1993

Such qualified immunity from suit is appropriate if a prosecutor’s conduct does not violate clearly established statutory or constitutional rights which a reasonable person would have known. Harlow v. … We held that the prosecutor was entitled to qualified immunity because he had no clearly established duty to protect at the time of the witness’s death in 1982. Id. at 102 .

Foster v. McGrail

844 F. Supp. 16 · District Court, D. Massachusetts · Jan 25, 1994

In addition, even if plaintiff succeeded in proving a prima facie claim for a state constitutional violation, he failed to overcome defendant’s qualified immunity as established *25 under state law. … is claiming “have violated a right under Federal or State constitutional or statutory law that was ‘clearly established’ at the time.”

Paul Frederick Lenea, Cross-Appellant v. Michael P. Lane, Cross-Appellees

882 F.2d 1171 · Court of Appeals for the Seventh Circuit · Aug 11, 1989

clearly established in 1983. … that right was “clearly established” by 1983.

Bell v. Dawson

144 F. Supp. 2d 454 · District Court, W.D. North Carolina · Apr 20, 2001

As discussed above, government officials performing discretionary functions are entitled to qualified immunity from *461 liability for civil damages to the extent that “their conduct does not violate clearly established statutory … [Qualified immunity is an immunity from suit, and not merely a defense to liability....

Stevenson v. Owens State Community College

562 F. Supp. 2d 965 · District Court, N.D. Ohio · Jun 25, 2008

The key inquiry in analyzing a claim of qualified immunity is whether the defendant’s alleged conduct violated clearly established statutory or constitutional rights of which a reasonable person would have known. … As such, this Court finds that the Individual Defendants are protected by qualified immunity. IV.

Kellough v. Bertrand

22 F. Supp. 2d 602 · District Court, S.D. Texas · Sep 25, 1998

Qualified Immunity Bars Plaintiff’s Claim of Excessive Force Established law clearly provides that Plaintiff has a Fourth Amendment right to be free from the use of excessive force by police. … Plaintiffs Claim of Unlawful Arrest is not Barred by Qualified Immunity An individual has a clearly established right to be free from unlawful arrest. Duckett v. City of Cedar Park, 950 F.2d 272, 278 (5th Cir.1992).

Ty Shanaberg v. Licking Cty., Ohio

936 F.3d 453 · Court of Appeals for the Sixth Circuit · Aug 23, 2019

To overcome that immunity and make it to a jury, Shanaberg must show that (1) Stetson violated a constitutional right and (2) the violated right was clearly established when Stetson acted. Pearson v. … But I would grant qualified immunity for a different reason: it is not clearly established, in the context of this case, what level of verbal noncompliance, or “verbal belligerence,” justifies a taser’s use.

Mary Estep v. Police Officer Mackey

639 F. App'x 870 · Court of Appeals for the Third Circuit · Feb 12, 2016

This “collateral-order doctrine” allows us to review certain orders that deny a defendant’s motion for summary judgment on qualified immunity grounds because qualified immunity “is an immunity from suit rather than a mere … Qualified immunity is an affirmative defense that shields government officials “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which