Case law

Gustafson v. Thomas

75 F. Supp. 3d 876 · District Court, N.D. Illinois · Dec 16, 2014

City of Chic., 865 F.2d 827 , 846 (7th Cir. 1989) (examining only cases decided before the events at issue in analyzing how clearly established the law was for qualified immunity). … Whatever the implications of potential violations of Illinois law, these alleged violations have no bearing on whether the law was clearly established for qualified immunity purposes. .

Bethune-Hill v. Virginia State Board of Elections

114 F. Supp. 3d 323 · District Court, E.D. Virginia · May 26, 2015

Gillock, the Supreme Court acknowledged its grant of “common-law absolute immunity from civil suit” to state legislators in Tenney v. Brandhove, but qualified its holding. Id. at 372 , 100 S.Ct. 1185 . … The state legislative privilege — like state legislative immunity — likewise may become qualified based on the nature of the claim at issue.

Burge v. Ferguson

619 F. Supp. 2d 1225 · District Court, M.D. Florida · Dec 16, 2008

established Fourth Amendment right. 12 Accordingly, qualified immunity is unavailable at this stage. … But see Thomas, 463 F.3d at 293-94 (concluding that “a plaintiff has no obligation to plead a violation of clearly established law in order to avoid dismissal on qualified immunity grounds.”). 8 ."

Rettele v. Los Angeles County

186 F. App'x 765 · Court of Appeals for the Ninth Circuit · Jun 21, 2006

Having determined that Plaintiffs’ factual allegations, if true, may establish a constitutional violation, we turn our attention to whether the law was clearly established, such that a reasonable officer would have known … to qualified immunity at the summary judgment stage.

Hogan ex rel. J.H. v. County of Lewis

929 F. Supp. 2d 130 · District Court, N.D. New York · Mar 8, 2013

The doctrine of qualified immunity protects government officials acting in their capacity from liability for civil damages as long as their conduct does not “violate clearly-established rights of which an objectively reasonable … The party invoking qualified immunity bears the burden of offering proof that it was objectively reasonable for her to believe that her actions did not violate a clearly established right and that she is entitled to qualified

Ciolino v. Eastman

128 F. Supp. 3d 366 · District Court, D. Massachusetts · Sep 3, 2015

Second Prong: Clearly Established Right The disputes of fact discussed above also preclude the Court from finding that the constitutional rights allegedly violated were not “clearly established,” such that Defendants would … be entitled to qualified immunity on the second prong of the test.

Bills v. Aseltine

52 F.3d 596 · Court of Appeals for the Sixth Circuit · Apr 26, 1995

The court noted that government officials are entitled to qualified immunity while performing discretionary functions so long as their actions do not violate clearly established rights of which any reasonable official would … action is a violation) violates a clearly established right.

Charles Ivey v. Pat Hamlin

Court of Appeals of Tennessee · Mar 18, 2002

violate the clearly established constitutional or statutory rights of which a reasonable person would have known. … When a defendant asserts a qualified immunity defense in a 42 U.S.C. § 1983 action, the burden is on the plaintiff to show that the rights he or she is asserting have been clearly established. Perkins v.

Curley v. Klem

499 F.3d 199 · Court of Appeals for the Third Circuit · Aug 24, 2007

step is whether the right that was violated was clearly established, or, in other words, “whether it would be clear to a reasonable officer that his conduct was unlawful in the situation he confronted.” … The District Court clearly saw that problem in this case.

Hatheway v. Thies

335 F.3d 1199 · Court of Appeals for the Tenth Circuit · Jul 18, 2003

In arguing that they are entitled to qualified immunity, the detectives contend that (1) the law was not clearly established as to whether Mr. … Denial of Qualified Immunity Qualified immunity is available to government officials when “their -11- conduct does not violate clearly established statutory or constitutional

Margaret Byers v. Gordon Painter

Court of Appeals for the Fourth Circuit · Apr 17, 2026

The burden of establishing qualified immunity rests on the party seeking the shield of that immunity. Id. … “That means that we may grant qualified immunity [solely] on the ground that the purported right was not clearly established[.]” Id.

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.

Heggs v. Grant

73 F.3d 317 · Court of Appeals for the Eleventh Circuit · Jan 22, 1996

On the appeal of a nonfinal order denying qualified immunity, we have jurisdiction under the collateral order doctrine to decide whether the conduct complained of violated "clearly established statutory or … No clearly established law required him to take further measures to protect her.

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.

Trulock v. Freeh

275 F.3d 391 · Court of Appeals for the Fourth Circuit · Dec 28, 2001

The district court granted Defendants’ motion to dismiss, holding that the Defendants, having violated no clearly established law, were entitled to qualified immunity. … Qualified immunity shields government officials from civil liability “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”

Johnnie Savory v. Allen Andrews

Court of Appeals for the Seventh Circuit · Aug 14, 2026

The officers in this case are entitled to qualified immunity only if their interrogation techniques did not violate Savory’s clearly established right to due process. Rivas-Villegas v. … Regardless, focusing on this difference is too myopic an approach given that Savory need only present similar—not identical—cases to satisfy qualified immunity’s “clearly established” requirement.

Christopher Lee Prosser v. Davis L. Ross, Co I

70 F.3d 1005 · Court of Appeals for the Eighth Circuit · Dec 1, 1995

Ross is entitled to qualified immunity unless he violated Prosser’s “clearly established” constitutional rights. Harlow v. Fitzgerald, 457 U.S. 800, 818 , 102 S.Ct. 2727, 2738 , 73 L.Ed.2d 396 (1982); Johnson v. … Ross is therefore entitled to qualified immunity as a matter of law.

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.'"

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

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.