Case law

Troy Thompson v. Ira Mercer

762 F.3d 433 · Court of Appeals for the Fifth Circuit · Aug 7, 2014

A public official is entitled to qualified immunity unless his conduct violates constitutional law that was “clearly established at the time of the defendant’s actions.” Freeman v. … We agree with the Thompsons that—at the very least—the relevant law is not so well developed as to clearly establish a violation here. And it is for that very reason that Mercer is entitled to qualified immunity.

Est of La'Mello Parker v. MS Dept

140 F.4th 226 · Court of Appeals for the Fifth Circuit · Jun 6, 2025

Coon therefore cannot provide the clearly established law necessary to overcome qualified immunity. 58 Plaintiffs also cite Grandstaff, but it, too, is distinguishable. … established at the time of the incident—and qualified immunity applies.

Willie Bigford, Jr. v. Joe Max Taylor, Individually and as Sheriff of Galveston County, Texas

896 F.2d 972 · Court of Appeals for the Fifth Circuit · Mar 23, 1990

action generally turns on the ‘objective legal reasonableness’ of the action ... assessed in light of the legal rules that were ‘clearly established’ at the time it was taken.” … For the legal rules to be considered “clearly established,” the “contours” of the right alleged to have been violated “must be sufficiently clear that a reasonable official would understand that what he is doing violates

Yorzinski v. Imbert

39 F. Supp. 3d 218 · District Court, D. Connecticut · Aug 7, 2014

The doctrine of qualified immunity shields “government officials performing discretionary functions” from civil damages liability as long as “their conduct does not violate clearly established statutory or constitutional … The qualified immunity doctrine involves a two-step analysis: a plaintiff must plead “facts showing (1) that the official violated a statutory or constitutional right, and (2) that the right was ‘clearly established’ at the

Cathy Burns v. Rick Reed

44 F.3d 524 · Court of Appeals for the Seventh Circuit · Feb 6, 1995

Qualified immunity protects public officials from civil suit based on their discretionary functions except where such conduct violated “clearly established” law. Sherman v. … The Supreme Court’s test for qualified immunity has been summarized by this Court as follows; In determining whether the right alleged to have been violated was “clearly established,” the constitutional right must be identified

Robinson v. Metropolitan Atlanta Rapid Transit Authority

334 Ga. App. 746 · Court of Appeals of Georgia · Nov 23, 2015

Qualified immunity gives government officials performing discretionary functions complete protection from individual claims brought pursuant to 42 USC § 1983, if their conduct does not violate clearly established … Whether qualified immunity protects an official from suit is a question of law.

People v. Kolanek; People v. King

491 Mich. 382 · Michigan Supreme Court · May 31, 2012

• Require Department of Community Health to establish an identification card system for patients qualified to use marijuana and individuals qualified to grow marijuana. … Registered patients who do not qualify for immunity under § 4, as well as unregistered persons, are entitled to assert in a criminal prosecution the affirmative defense of medical use of marijuana under § 8 of the MMMA,

Mccloud v. Testa

97 F.3d 1536 · Court of Appeals for the Sixth Circuit · Feb 13, 1997

Finally, as an additional guidepost we note that, as a practical matter, invocation of the Rice canon and the general availability of qualified immunity will move in tandem, because if it is already clearly established that … immunity context, where the key inquiry is whether a principle of law is clearly established, may be perceived as problematic.

James Byron Green v. Margaret Baron, Joan Wright, Sherri Shea, Dr. R.T. Lara, and Gary Kirchhof

925 F.2d 262 · Court of Appeals for the Eighth Circuit · Feb 6, 1991

To determine if the employees are entitled to qualified immunity, we must first decide whether Green has invoked a constitutional right that was clearly established when the conduct in question occurred. See Harlow v. … Thus, when Green entered Oakdale, it was clearly established he could not be punished.

Tyson v. Willauer

289 F. Supp. 2d 190 · District Court, D. Connecticut · Oct 23, 2003

However, qualified immunity shields them from liability under § 1983 “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … Here, in support of their qualified immunity defense, Defendants assert that no clearly established right was violated and that Defendants’ entry into Plaintiffs’ residence to execute a valid arrest warrant was lawful and

Linlor v. Polson

263 F. Supp. 3d 613 · District Court, E.D. Virginia · Jul 11, 2017

In evaluating whether Defendant is entitled to qualified immunity, the Court must determine “(1) whether the plaintiff has established the violation of a constitutional right, and (2) whether that right was clearly established … of qualified immunity.”

Jackson v. Johnson

797 F. Supp. 2d 1057 · District Court, D. Montana · Jul 18, 2011

Qualified Immunity Qualified immunity shields a government actor from a suit for damages if the actor could have reasonably believed his conduct was lawful, in light of clearly established law and the information possessed … With that determination it is necessary to turn to the second step in the qualified immunity analysis, i.e., whether the right violated by Deputy Johnson was clearly established in the law as of June 10, 2009. b.

Moore v. Hearle

639 F. Supp. 2d 352 · District Court, S.D. New York · Jun 12, 2009

Qualified Immunity Under the doctrine of qualified immunity, government officials are shielded from liability flowing from their performance of discretionary functions as long as “their conduct does not violate clearly established … Granting Defendant’s motion for summary judgment on grounds of qualified immunity is proper “only ‘if the court finds that the asserted rights were not clearly established, or if the evidence is such that, even when it is

Williams v. ONTARIO COUNTY SHERIFF'S DEPT.

662 F. Supp. 2d 321 · District Court, W.D. New York · Sep 21, 2009

Qualified immunity shields law enforcement officials who perform discretionary functions from liability if their conduct does not violate clearly established statutory or constitutional rights of which a reasonable prison … to qualified immunity.

O'Ferrell v. United States

998 F. Supp. 1364 · District Court, M.D. Alabama · Mar 24, 1998

J. pp. 4-S (entire discussion of qualified immun.) That proposition is that it has been clearly established since the Supreme Court decided Malley v. … The Eleventh Circuit has noted, since the O’Ferrells’ ease began, that Franks clearly established, for qualified immunity purposes, that an officer may not make an “affirmative misstatement” in ‘applying for a warrant.

Maltby v. Winston

36 F.3d 548 · Court of Appeals for the Seventh Circuit · Sep 14, 1994

Inspector Winston’s Qualified Immunity We begin our evaluation of the qualified immunity issue by setting forth Mr. Maltb/s allegations against Inspector Winston. In his complaint, Mr. … City of Milwaukee, 17 F.3d 944, 951 (7th Cir.1994) ("The plaintiff bears the burden of establishing the existence of a clearly established constitutional right.”); Apostol v.

Lorenzo Fernandez v. Gregorio Perez

937 F.2d 368 · Court of Appeals for the Seventh Circuit · Jul 19, 1991

Fernandez contends the law at the time of the arrest was clearly-established that probable cause to arrest him was lacking. … Thus, Officer Perez acted reasonably in arresting and detaining him and enjoys qualified immunity for the arrest and imprisonment of the plaintiff.

Charlene Bush, Wife John Bush, Husband v. David Rauch D. Brad Campbell, Individually and Officially

38 F.3d 842 · Court of Appeals for the Sixth Circuit · Oct 26, 1994

Government officials are generally entitled to qualified immunity and are protected from civil damages so long as “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … In the instant case, Campbell is at the least entitled to qualified immunity. The Bushes have not affirmatively articulated, nor does the record indicate, any clearly established right allegedly violated by Campbell.

Stadt v. University of Rochester

921 F. Supp. 1023 · District Court, W.D. New York · Apr 15, 1996

The Defendant is not Entitled to Qualified Immunity. … Ordinarily, government officials sued in their individual capacities are' entitled to qualified immunity from suit for damages so long as their actions do not violate “clearly established constitutional or statutory rights

Nicole Guerriero v. City of Delray Beach

Court of Appeals for the Eleventh Circuit · May 21, 2024

To establish a prima facie case, she must show that (1) “she belong[ed] to a pro- tected class,” (2) “she was subjected to an adverse employment ac- tion,” (3) “she was qualified to perform the job … GTE Fla., Inc., 226 F.3d 1249, 1255 (11th Cir. 2000) (holding that evidence showing that plaintiff was “clearly more qualified” in one area relevant for the job did not establish that employer’s decision