Case law

Washington v. Starke

855 F.2d 346 · Court of Appeals for the Sixth Circuit · Aug 26, 1988

or not qualified immunity exists. … clearly established law.’

Randy James Barber, Administrator of the Estate of Kenneth Robert Barber, Deceased v. City of Salem, Ohio

953 F.2d 232 · Court of Appeals for the Sixth Circuit · Jan 7, 1992

Because there was no clearly established right to a suicide prevention facility for pretrial detainees, the police officers were entitled to qualified immunity. … In reaching our decision regarding the police officers’ qualified immunity in Da-nese, we considered the law clearly established at the time of the decedent’s suicide.

Haidon v. Bloomfield

District Court, D. Connecticut · Aug 29, 2024

“Qualified immunity protects officials from damages liability if their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known, or if it was objectively … “Qualified immunity protects officials from damages liability if their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known,” or, when a clearly established

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.

Akron v. Pari

2019 Ohio 1083 · Ohio Court of Appeals · Mar 27, 2019

Pasco’s motion to dismiss because the unambiguous language of R.C. 2925.11(B)(2) limits immunity to minor drug possession offenses. … This Court concluded that the terms of R.C. 2925.11(B)(2) are unambiguous: The plain language of R.C. 2925.11(B)(2)(b) clearly provides qualified individuals with immunity for a minor drug possession offense

Liebe v. Norton

157 F.3d 574 · Court of Appeals for the Eighth Circuit · Oct 1, 1998

"Qualified immunity shields government officials from suit unless their conduct violated a clearly established constitutional or statutory right of which a reasonable person would have known." Yowell v. … To withstand the application of qualified immunity, a plaintiff must assert a violation of a constitutional or statutory right; that right must have been clearly established at the time of the violation; and, given the facts

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).

Garcia v. Orta

47 F.4th 343 · Court of Appeals for the Fifth Circuit · Aug 25, 2022

Qualified Immunity Qualified immunity protects public officials acting in their individual capacity from lawsuits and liability for damages under Section 1983 unless their conduct violates a clearly established … To overcome an asserted qualified immunity defense, the plaintiff must show “sufficient facts to ‘make out a violation of a constitutional right’” and “‘the right at issue was “clearly established” at the time of

Ramon Cortesluna v. Manuel Leon

979 F.3d 645 · Court of Appeals for the Ninth Circuit · Oct 27, 2020

Principles of Qualified Immunity Qualified immunity protects individual officers “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which … Officers are entitled to qualified immunity in § 1983 actions unless they violate “clearly established” rights. Reichle v. Howards, 566 U.S. 658, 664 (2012).

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.

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.

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.

Palmieri v. Kammerer

690 F. Supp. 2d 34 · District Court, D. Connecticut · Jan 27, 2010

Qualified Immunity Government officials performing discretionary functions are entitled to qualified immunity if their conduct does not violate clearly established statutory or constitutional rights that a reasonable person … Thus, summary judgment based on qualified immunity is denied on this basis. ii Protective Sweep/Grab Area There is no doubt that the law regarding protective sweeps was “clearly established” under Maryland v.

Policky v. City of Seward, Neb.

433 F. Supp. 2d 1013 · District Court, D. Nebraska · May 25, 2006

Officer Shook Qualified immunity protects government officials from the costs of trial and the burdens of broad discovery unless their discretionary acts violated clearly established statutory or constitutional rights. … “[T]o withstand a motion for summary judgment on qualified-immunity grounds, a plaintiff must (1) assert a violation of a constitutional right; (2) demonstrate that the alleged right is clearly established; and (3) raise

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.”

Eze v. Scott

11 F. Supp. 3d 376 · District Court, E.D. New York · Mar 31, 2014

Fourth Amendment— Qualified Immunity “The defendants are entitled to qualified immunity if they can establish either that (1) ‘a constitutional right was [not] violated’ or (2) ‘the right was [not] clearly established.’ ” … Sept. 30, 2013) (noting that qualified immunity protects officials performing discretionary functions from liability for civil damages so long as their con duct does not violate a clearly established right (citing Taravella

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.

Robert Wilson v. David Spain, Mike Jones

209 F.3d 713 · Court of Appeals for the Eighth Circuit · Apr 5, 2000

from excessive force while detained by law enforcement officials and that the right has been clearly established. … Since the right to be free from excessive force in the context of an arrest has been clearly established for some time, other circuits have simply held that, in excessive-force eases, the qualified-immunity inquiry and the

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.

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.").