Case law

Schaefer v. Whitted

121 F. Supp. 3d 701 · District Court, W.D. Texas · Aug 5, 2015

“Qualified immunity protects public officials from suit unless their conduct violates a clearly established constitutional right.” Brumfield v. … However, to surmount qualified immunity, Plaintiff has the burden of demonstrating the Second Amendment right Officer Whitted is alleged to have violated is “clearly established” in the more “particularized sense,” such that

Kenneth B. Krohn v. United States of America

742 F.2d 24 · Court of Appeals for the First Circuit · Sep 28, 1984

Further, we are cognizant that qualified immunity differs from absolute immunity in that it is not so readily decided by motion; obviously, on some occasions officials possessing only qualified immunity must stand trial. … Briscoe established an absolute immunity from section 1983 suit for a police officer/witness.

Ryan Steinhoff v. Matthew Malovrh

Court of Appeals for the Seventh Circuit · Mar 24, 2026

The district court further concluded that Detective Kowalczyk was entitled to qualified immunity because Steinhoff did not identify clearly established law “prohibiting the use of a takedown under the dynamic cir- cumstances … As for the second prong of the qualified immunity inquiry, a constitutional right is clearly established if existing prece- dent “place[s] the statutory or constitutional question beyond debate.” Rivas-Villegas v.

Smith v. Tolley

960 F. Supp. 977 · District Court, E.D. Virginia · Apr 4, 1997

Baker, 825 F.2d 772, 774 (4th Cir.1987). 22 This is because “... there are two levels on which the immunity shield operates. First, the particular right must be clearly established in the law. … Therefore, Tolley is entitled to qualified immunity.

Victoria v. City of San Diego

326 F. Supp. 3d 1003 · District Court, S.D. California · Sep 5, 2018

In suits under § 1983, qualified immunity "shields government officials from civil damages liability unless the official violated a statutory or constitutional right that was clearly established at the time of the challenged … In general, the doctrine of qualified immunity protects government officials "from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable

McLean v. McElhaney

289 Mich. App. 592 · Michigan Court of Appeals · Aug 26, 2010

under MCL 691.1407(5) or qualified immunity under MCL 691.1407(2). 10 Odom v Wayne Co, 482 Mich 459, *605 479-480 ; 760 NW2d 217 (2008). … We note that if the trial court determines that Harma was entitled to absolute immunity under MCL 691.1407(5), it need not also determine whether he was entitled to qualified immunity under MCL 691.1407(2).

Williams v. CITY OF FRANKLIN, TENN.

586 F. Supp. 2d 890 · District Court, M.D. Tennessee · Nov 18, 2008

If the plaintiff has established a violation of a constitutional right, the second step in the qualified immunity analysis is to determine whether the violated right was clearly established. Id. … was clearly established); Boger v.

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

McCabe v. Caleel

739 F. Supp. 387 · District Court, N.D. Illinois · Apr 30, 1990

action is a violation) violates a clearly established right. … Application of the qualified immunity concept to McCabe’s situation is simple: It has not been “clearly established” even now, let alone when Board’s members acted back in the late 1970s, that the fact (if it is a fact) of

Randall Fennell v. Matthew Gregory

414 F. App'x 32 · Court of Appeals for the Ninth Circuit · Jan 31, 2011

violated a constitutional right; and (2) whether the right was clearly established in light of the circumstances of this case. … established for qualified immunity purposes.

Mooneyham v. BOARD OF CHIROPRACTIC EX'RS

802 So. 2d 200 · Supreme Court of Alabama · May 11, 2001

The defendants argue that they are immune from suit as to this claim because, they say, Mooneyham has not alleged a violation of a clearly established constitutional right. We agree. … The threshold question for determining whether the doctrine of qualified immunity applies to a given constitutional claim is whether the plaintiff has alleged the violation of a clearly recognized constitutional right.

McLin v. Twenty-First Judicial Dist

79 F.4th 411 · Court of Appeals for the Fifth Circuit · Aug 16, 2023

“Qualified immunity shields government officials from civil liability in their individual capacity so long as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … immunity analysis to address first.38 Our inquiry starts and ends with the clearly established prong, whether Chief Judge Morrison violated a clearly established constitutional right.

Alston v. City of Detroit Police Officer

District Court, E.D. Michigan · Feb 15, 2024

conduct was ‘clearly established at the time.’” … They develop no argument as to the “clearly established” prong of the qualified immunity analysis.

James Carver, Administrator of the Estate of David Allen Carver, Deceased v. City of Cincinnati

474 F.3d 283 · Court of Appeals for the Sixth Circuit · Jan 18, 2007

repeatedly without ever becoming clearly established. … Therefore, the law was not clearly established at the time of the alleged constitutional violation. III. CONCLUSION The Cincinnati police officers and EMTs are entitled to qualified immunity.

Cleavinger v. Saxner

474 U.S. 193 · Supreme Court of the United States · Dec 10, 1985

To be sure, the line between absolute immunity and qualified immunity often is not an easy one to perceive and structure. … Petitioners state that they have not challenged — although they do not concede— the ruling that they violated “clearly established constitutional rights” of respondents. See Brief for Petitioners 7, n. 8.

Weaver v. Brenner

40 F.3d 527 · Court of Appeals for the Second Circuit · Oct 26, 1994

Clearly Established Right 23 The threshold issue in deciding whether a public official is entitled to qualified immunity is, as noted, whether the federal right was clearly established at the time the alleged violation occurred … the relevant rights to have been clearly established in 1989 is affirmed.

Montgomery v. Board of County Commissioners

637 F. Supp. 2d 934 · District Court, D. Colorado · Jun 5, 2009

Plaintiff further argues that “qualified immunity should be denied, because it is clearly established that a State may not discharge an employee on a basis that infringes that employee’s constitutionally-protected interest … Turning to the second prong of the qualified immunity analysis, I must determine whether Plaintiffs First Amendment right was clearly established at the time of the violation.

Orraca Figueroa v. Torres Torres

288 F. Supp. 2d 176 · District Court, D. Puerto Rico · Oct 14, 2003

QUALIFIED IMMUNITY Defendants have moved for summary judgment, alleging that they are immune from suit under the doctrine of qualified immunity. … The general rule regarding qualified immunity is that government officials are immune from suit and liability when their conduct does not violate clearly established statutory authority or constitutional rights, which a reasonable

Jordan v. New Jersey Department of Corrections

881 F. Supp. 947 · District Court, D. New Jersey · Mar 31, 1995

The court also determined, however, that the prison guard was entitled to qualified immunity because the prisoner’s legal right was not “clearly established” at the time the action was taken. … established” to strip defendant Fowler of qualified immunity.

Lopez Quinonez v. PUERTO RICO NAT. GUARD

488 F. Supp. 2d 112 · District Court, D. Puerto Rico · May 18, 2007

QUALIFIED IMMUNITY Qualified immunity shields public officials performing discretionary functions from civil damages, so long as their conduct does not violate clearly established statutory or constitutional rights, of which … We have used a three-prong analysis for evaluating qualified immunity claims.