Case law

Johnson v. Williams

584 F. Supp. 2d 97 · District Court, District of Columbia · Nov 3, 2008

In this case, however, even if the law on anonymous stops had been clearly established, the officers would still be entitled to *105 immunity because the uncontroverted evidence shows that they did not know the tip was anonymous … Qualified Immunity From Excessive Force Claim The officers are entitled to qualified immunity from plaintiffs claim of *106 excessive force.

Kerman v. City of New York

261 F.3d 229 · Court of Appeals for the Second Circuit · Jul 26, 2001

Qualified immunity will attach to an officer’s decision to enter a dwelling in response to perceived exigent circumstances so long as the “conduct does not violate clearly established statutory or constitutional rights of … Notwithstanding these earlier indications of the law’s likely evolution, we cannot say that for qualified immunity purposes the current law governing the war-rantless entry in this case was clearly established by October

Bailey v. Kenney

791 F. Supp. 1511 · District Court, D. Kansas · Apr 16, 1992

Standards for Qualified Immunity Qualified immunity is available to state actors who perform discretionary functions if their actions do not violate clearly established law of which a reasonable person would have known. … violated a clearly established federal right of plaintiff.

Katz v. Molic

727 F. Supp. 114 · District Court, S.D. New York · Dec 21, 1989

The grant of qualified immunity, then, turns upon whether there was a clearly established constitutional right of which the defendants knew or should have known at the time, a question of law which may be addressed by a motion … The Second Circuit held that the complaint should have been dismissed on the ground of qualified immunity because a reasonable state official would not have known that this conduct violated Neu’s “clearly established statutory

Estevis v. Cantu

134 F.4th 793 · Court of Appeals for the Fifth Circuit · Apr 16, 2025

We reverse and render judgment granting the officers qualified immunity for all shots fired. … In any event, Estevis bore the burden to negate qualified immunity by showing shots 4–9 violated clearly established law. See King v.

Navarro v. City of Riviera Beach

192 F. Supp. 3d 1353 · District Court, S.D. Florida · Jun 29, 2016

qualified immunity should not apply because: (1) the officers violated a constitutional right; and (2) that right was clearly established at the time of the incident.” … Even to the extent that facts exist capable of demonstrating a violation of a clearly established constitutional right and, thus, overcoming qualified immunity as to Sheriff Bradshaw in his individual capacity, amendment

Nicole M. Ex Rel. Jacqueline M. v. Martinez Unified School District

964 F. Supp. 1369 · District Court, N.D. California · Apr 15, 1997

Analysis of Qualified Immunity Defense 1. Whether the Law at the Time of Guzman’s Alleged Acts and Omissions Was Clearly Established a. … The investigator asserted a qualified immunity defense, maintaining that the law did not clearly establish that his actions violated Eastwood’s right to privacy.

DeMayo v. Nugent

517 F.3d 11 · Court of Appeals for the First Circuit · Feb 22, 2008

grounds of qualified immunity. … Law enforcement officers may not violate constitutional rights, then expect qualified immunity when a court refuses to craft an unprecedented exception to a clearly established rule of law.

McMorrow v. Little

109 F.3d 432 · Court of Appeals for the Eighth Circuit · Mar 17, 1997

On appeal the officials argue that the law was not clearly established, that they are entitled to qualified immunity on this claim, and that MeMorrow’s claim must be dismissed. … Again we conclude that the officials are entitled to qualified immunity because it was not clearly established that this conduct was unconstitutional.

Xiaoxing Xi v. Andrew Haugen

68 F.4th 824 · Court of Appeals for the Third Circuit · May 24, 2023

Its determination that Xi failed to establish a “clearly established” violation for purposes of its qualified immunity analysis was therefore dispositive. Id. Xi now brings this timely appeal. II. … immunity because any constitutional rights he violated were not “clearly established.”

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.

Waste Recovery Cooperative of Minnesota v. County of Hennepin

504 N.W.2d 220 · Court of Appeals of Minnesota · Jul 27, 1993

Appellants first contend that they are immune from suit pursuant to 42 U.S.C. § 1983 (1988) under the doctrine of qualified immunity. We agree. … Consequently, under the undisputed facts of this case respondents did not have a clearly established right to procedural due process. B.

James Meyer v. Lana J. Robinson, Individually and as a Police Officer of the City of Lawrence

992 F.2d 734 · Court of Appeals for the Seventh Circuit · May 6, 1993

The court adopted the following rule: “The question determining the existence of qualified immunity is whether a reasonable person could have believed the defendants’ actions to be lawful in light of clearly established law … Under the Harlow standard, qualified immunity should be granted when the official’s conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.

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.

Oden v. Reader

935 S.W.2d 470 · Texas Court of Appeals, 12th District (Tyler) · Nov 26, 1996

To be entitled to summary judgment on the affirmative defense of qualified official immunity, Oden must establish that: (1) his position as county attorney has quasi-judicial status; (2) it was within his authority as county … Thus, the first two prongs of the qualified immunity defense have been proven by Oden.

Jackson v. Long

102 F.3d 722 · Court of Appeals for the Fourth Circuit · Dec 17, 1996

issue whether the federal right allegedly infringed was `clearly established.'" … This contention raises the legal questions of whether Sheriff Long violated any clearly established constitutional rights of plaintiffs in responding to the inmate's complaint against them and, if the law clearly established

Broam v. Bogan

320 F.3d 1023 · Court of Appeals for the Ninth Circuit · Feb 25, 2003

a criminal investigation either does not violate a federal constitutional right, or the constitutional right was not clearly established on the date of the alleged violation. … not violate clearly established statutory or constitutional rights of which a reasonable person would have known.'"

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).

Bradley L. McCloud C. Calvin Skaates Terrence B. Cohen Gloria Jean Morgan Vernon E. Hysell v. Joseph W. Testa,defendant-Appellant

227 F.3d 424 · Court of Appeals for the Sixth Circuit · Sep 8, 2000

“If the law was clearly established, the immunity defense ordinarily should fail, since a reasonably competent public official should know the law governing his conduct.” Id. at 818-19 , 102 S.Ct. 2727 . … He is not, however, clearly entitled to summary judgment on grounds of qualified immunity at this stage. Ill For the foregoing reasons, the district court’s denial of Testa’s motion for summary judgment is AFFIRMED.

Moore v. Dormin

252 A.D.2d 421 · Appellate Division of the Supreme Court of the State of New York · Jul 16, 1998

As for qualified privilege, the plaintiff clearly did not raise a triable issue as to the defendant’s motivation, under either the constitutional or the common-law definition of malice. … Defendant raised the bar of absolute and qualified immunity based on his capacity as a prosecutor and the official context of the statements, arguing that the communication was made by one law-enforcement official to another