Case law

Miller v. Clinton County

544 F.3d 542 · Court of Appeals for the Third Circuit · Oct 1, 2008

The court concluded that Judge Saxton had not established that he was entitled to qualified immunity because the record did not support his claim that he had not violated Miller’s clearly established constitutional rights … Discussion The doctrine of qualified immunity shields government officials performing discretionary functions “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional

Parsons v. Pond

126 F. Supp. 2d 205 · District Court, D. Connecticut · Oct 24, 2000

In the event that this threshold determination reveals a possible constitutional violation, [a] qualified immunity defense is established if (a) the defendant’s action did not violate clearly established law, or (b) it was … In the event that this threshold determination reveals a possible constitutional violation, [a] qualified immunity defense is established if (a) the defendant’s action did not violate clearly established law, or (b) it was

Hemphill v. Hale

677 F.3d 799 · Court of Appeals for the Eighth Circuit · May 10, 2012

The court later denied the motion, finding that Hale was not entitled to qualified immunity. … We review de novo the court’s determination that Hale is not entitled to qualified immunity, and we must decide whether the facts, construed in the light most favorable to Hemphill, established a constitutional violation,

Donna Lowe v. Town of Fairland, Oklahoma Beverly Hill Don Jones Shirley Mangold and Loretta Vinyard

143 F.3d 1378 · Court of Appeals for the Tenth Circuit · May 14, 1998

Consequently, when the qualified immunity defense is raised, the defendant should be spared the burden of proceeding with the litigation until the plaintiff establishes that the defendant’s alleged actions violated clearly … established law.

Bartrug v. Rubin

986 F. Supp. 332 · District Court, E.D. Virginia · Apr 25, 1997

However, there are no facts alleged which establish that these acts are violative of a “clearly established constitutional right.” … The doctrine of qualified immunity shields public officials fi-om civil liability as long as their conduct does not “violate clearly established statutory or constitutional rights of which a reasonable person would have known

Bradway v. Gonzales

26 F.3d 313 · Court of Appeals for the Second Circuit · Jun 10, 1994

The doctrine of qualified immunity shields public officials performing discretionary functions from civil liability “insofar as their conduct does not violate clearly established statutory or constitutional rights of which … As noted above, the Supreme Court had not clearly established inadvertence as a necessary element of a lawful plain view seizure.

Asociación De Periodistas De Puerto Rico v. Mueller

529 F.3d 52 · Court of Appeals for the First Circuit · Jun 18, 2008

Qualified Immunity In their motion for summary judgment, the defendants seek to avoid liability by invoking the protection of qualified immunity. … See Saucier, 533 U.S. at 201 ("If no constitutional right would have been violated were the allegations established, there is no necessity for further inquiries concerning qualified immunity.").

Dennis R. Cookish v. Commissioner Ronald Powell

945 F.2d 441 · Court of Appeals for the First Circuit · Sep 26, 1991

“Qualified immunity operates to shield government officials exercising discretionary powers ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights … A “clearly established” right in the qualified immunity context has a *443 particularized cast. Anderson v. Creighton, 483 U.S. 635, 640 , 107 S.Ct. 3034, 3039 , 97 L.Ed.2d 523 (1987).

LaChance v. Commissioner of Correction

463 Mass. 767 · Massachusetts Supreme Judicial Court · Nov 27, 2012

judgment, on the basis of qualified immunity. … Qualified immunity.

Matthew Locke v. County of Hubbard

Court of Appeals for the Eighth Circuit · Sep 17, 2025

While I disagree with the court’s constitutional analysis, I need not resolve that inquiry as the case can be easily resolved under the clearly established prong of the qualified immunity analysis. See Pearson v. … This does not constitute a violation of a clearly established right; therefore, the officers are entitled to qualified immunity.

Cudd v. Aldrich

982 F. Supp. 463 · District Court, S.D. Texas · Nov 7, 1997

The next inquiry for qualified immunity purposes is whether Cudd’s First Amendment right to be free from political patronage dismissal was clearly established at the time of the alleged violation. … Second, and more importantly, the inquiry into qualified immunity is an objective one: the Court must determine what a reasonable public official would have understood as clearly established law.

Perez v. County of Westchester

83 F. Supp. 2d 435 · District Court, S.D. New York · Feb 16, 2000

Qualified immunity shields government officials from liability for damages stemming from their performance of discretionary official functions “insofar as their conduct does not violate clearly established statutory or constitutional … Indeed, “[u]nless the plaintiffs allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery.” Mitchell v.

Machelle Pearson v. MDOC

Court of Appeals for the Sixth Circuit · Mar 26, 2026

It also held that they could seek damages because the complaint alleged a violation of clearly established law to overcome any qualified-immunity defense. See id. at *5–6. … The Inmates also contend that they may rely on the clearly established “right to safe and sanitary conditions” to overcome qualified immunity. Appellees’ Br. 27.

Lombard v. Edward J. Peters, Jr., P.C.

252 Conn. 623 · Supreme Court of Connecticut · Apr 4, 2000

Peters, Jr., P.C., 1 to strike the first count of the plaintiffs’ complaint on the ground of qualified immunity. … This appeal followed. 3 “In an appeal from a judgment granting a motion to strike, we operate in accordance with well established rules.

Papp v. Snyder

81 F. Supp. 2d 852 · District Court, N.D. Ohio · Jan 20, 2000

The right to be free from excessive force is clearly established under the Fourth Amendment for purposes of qualified immunity. See Graham v. Connor, 490 U.S. 386, 395 , 109 S.Ct. 1865 , 104 L.Ed.2d 443 (1989). … Having found a potential constitutional violation of a clearly established constitutional right, the Court must now consider the final step of the qualified immunity analysis.

Sanders v. City of Dothan

671 F. Supp. 2d 1263 · District Court, M.D. Alabama · Nov 30, 2009

Under the “clearly established” prong of the qualified-immunity analysis, police officers are entitled to immunity from suit “unless the law pre-existing the [officerj’s supposedly wrongful act was already established to … immunity because that right was not clearly established.

Marquez v. Gutierrez

322 F.3d 689 · Court of Appeals for the Ninth Circuit · Mar 6, 2003

The qualified immunity inquiry has two parts: "(1) Was the law governing the state official's conduct clearly established? (2) Under that law could a reasonable state official have believed his conduct was lawful?" … Further, Marquez argues that a prison official cannot act maliciously and sadistically while, at the same time, reasonably believing that his actions conform to clearly established law.

Muszik v. Town of Redington Shores, Florida

District Court, M.D. Florida · May 20, 2024

Callahan, 55 U.S. 223, 236 (2009) (courts considering qualified immunity are permitted to address whether a constitutional right is clearly established before determining whether it was violated). … A plaintiff seeking to meet her burden under the second step of the qualified immunity analysis can demonstrate that a right or law was clearly established in three ways. See, e.g., Loftus v.

Brown v. City of Golden Valley

534 F. Supp. 2d 984 · District Court, D. Minnesota · Feb 14, 2008

Zarrett argues that qualified immunity shields him from liability. … “Qualified immunity protects a government official from liability in a section 1983 action unless the official’s conduct violated a clearly established constitutional or statutory right of which a reasonable person would

Mink v. Knox

566 F. Supp. 2d 1217 · District Court, D. Colorado · Jun 12, 2008

The doctrine of qualified immunity shields public officials from damages actions unless their conduct was unreasonable in light of clearly established law. Elder v. … Whether the application of the Supreme Court’s First Amendment cases to the Colorado criminal libel statute was clearly established under the circumstances of this case The second prong of the qualified immunity inquiry requires