Case law

Troy Baker, and Glenn Snader, as Father and Next Friend of Jesse Snader v. City of Hamilton, Ohio, and Eric Taylor

471 F.3d 601 · Court of Appeals for the Sixth Circuit · Dec 18, 2006

If the plaintiff establishes that a constitutional violation occurred, a court must next consider “whether the right was clearly established.” Id. … When a defendant raises a defense of qualified immunity, the plaintiff bears the burden of demonstrating that the defendant is not entitled to qualified immunity. Silberstein v.

United States v. Holcomb

132 F.4th 1118 · Court of Appeals for the Ninth Circuit · Mar 27, 2025

As our qualified immunity cases make clear, an officer is immune from civil suit where the plaintiff’s rights were not “clearly established” at the time of his alleged misconduct. Ballentine v. … HOLCOMB circuit[,] . . . there still might not be clearly established case law in our circuit to withstand qualified immunity.” Id.

McRae v. Tena

914 F. Supp. 363 · District Court, D. Arizona · Jan 25, 1996

Qualified Immunity The Ninth Circuit Court of Appeals has repeatedly held that the defense of qualified immunity is available to police officers in excessive force cases. See, e.g., Scott v. … The Supreme Court eschewed generalizing of the “clearly established right” factor.

Maritza Amador v. Bexar County

952 F.3d 624 · Court of Appeals for the Fifth Circuit · Mar 11, 2020

Flores’s Fourth Amendment Right Was Clearly Established The second question in the qualified immunity analysis is whether clearly established law prohibited the officers from shooting Flores in these circumstances … We cannot “‘define clearly established law at a high level of generality,’” id.

Morrison v. Horseshoe Casino

157 N.E.3d 406 · Ohio Court of Appeals · Aug 20, 2020

Additionally, the defendant officers asserted that they are entitled to qualified immunity on the appellants’ Section 1983 claim because their conduct “did not violate a clearly established federal right which a reasonable … Plaintiff has failed to carry his burden to overcome the qualified immunity and establish the deprivation of a federally protected constitutional right.

Helms v. Gamet

828 F. Supp. 819 · District Court, D. Colorado · Aug 6, 1993

Qualified Immunity Defendants claim that Officer Garnet is entitled to qualified immunity from suit because a reasonable officer in his position could have believed his actions were lawful. … legal rules that were clearly established at the time the action was taken.

Anne Powers v. John T. Lightner, D/B/A Lightner Auto Sales, Third-Party Plaintiff v. Barry Jones and Bruce White, Third-Party

820 F.2d 818 · Court of Appeals for the Third Circuit · Aug 3, 1987

I consider here only the issue of qualified immunity. I. … Qualified immunity shields government officials “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known

Donahue v. Gavin

280 F.3d 371 · Court of Appeals for the First Circuit · Feb 7, 2002

B. 28 Government officials exercising discretionary functions have qualified immunity from suits seeking damages under § 1983 "insofar as their conduct does not violate clearly established statutory or constitutional rights … violated some clearly established statutory or constitutional right.

Gilbert v. Selsky

867 F. Supp. 159 · District Court, S.D. New York · Sep 29, 1994

QUALIFIED IMMUNITY Under the doctrine of qualified immunity, government officials are shielded from liability provided that their actions are discretionary in nature and do not violate a clearly established statutory or constitutional … Sullivan, 720 F.Supp. 40, 43-44 (S.D.N.Y.1989) (right to independent assessment not clearly established in 1988).

Sparks v. Kim

701 So. 2d 1113 · Mississippi Supreme Court · Nov 13, 1997

The immunity set forth in Hudson/Marshall is not absolute, but only qualified. … Panola County Bd. of Educ., 645 So.2d 883, 890-92 (Miss. 1994) (noting that Remedies Clause is not abrogated by immunities that were well established at time of Clause's adoption); Robinson v.

Naccarato v. Oliver

882 F. Supp. 297 · District Court, E.D. New York · Apr 19, 1995

Further, even when the right in question was clearly established at the time of the alleged unlawful conduct, an official is still entitled to immunity were it objectively reasonable for him to believe the conduct lawful. … If an officer kicked a handcuffed arrestee in the back, that act would violate a clearly established constitutional right and this Court would not grant immunity from liability for such conduct.

Stone-El v. Fairman

785 F. Supp. 711 · District Court, N.D. Illinois · Dec 17, 1991

We now turn to the issue of qualified immunity. B. … However, as the right in question was not clearly established in reference to the facts of this case, defendants are entitled to qualified immunity. As such, we dismiss Stone-El’s amended complaint in its entirety.

Navorro-Monzo v. Hughes

297 Ark. 444 · Supreme Court of Arkansas · Jan 17, 1989

Both of these cases concerned qualified privilege or immunity. … It was clearly a privileged publication. Neither the allegations in the complaint nor other matters presented to the court, even if established at trial, would support a finding of malice.

Lowther v. Children Youth and Family Department

101 F.4th 742 · Court of Appeals for the Tenth Circuit · May 7, 2024

Miles are entitled to qualified immunity because the Lowthers had not shown the alleged violation was clearly established. … We affirmed based on qualified immunity, concluding the law was not clearly established. Id. at 1135–38.

Souza v. Pina

53 F.3d 423 · Court of Appeals for the First Circuit · Apr 28, 1995

Otherwise, as the Supreme Court has observed, the generality at which courts identify the "clearly established" legal right threatens to "convert the rule of qualified immunity . . . … Because Souza has failed to establish that appellants' acts transgressed a clearly established right, we conclude that defendants may invoke the defense of qualified immunity.

Brian Berry v. Travis Leslie

767 F.3d 1144 · Court of Appeals for the Eleventh Circuit · Sep 16, 2014

But Leslie is not being denied qualified immunity for violations of clearly established constitutional rights that he did not commit or that were not pursuant to a *1157 policy that he approved. … established rights and requires the denial of qualified immunity.

Cooney v. White

845 P.2d 353 · Wyoming Supreme Court · Dec 31, 1992

The United States Supreme Court has firmly established that qualified immunity provides adequate protection for many of the duties required of a prosecutor. … In setting forth the appropriate test for qualified immunity, the court in Schrob, 948 F.2d at 1420-21 (footnote omitted) stated: [The prosecutor] will be shielded from liability of his "conduct does not violate clearly established

Cooper v. Brunswick County Sheriff's Department

896 F. Supp. 2d 432 · District Court, E.D. North Carolina · Sep 27, 2012

Qualified immunity provides that “government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or … rules that were clearly established at the time it was taken.”

Vanterpool v. Cuccinelli

998 F. Supp. 2d 451 · District Court, E.D. Virginia · Feb 7, 2014

To grant a defendant qualified immunity a court must find that the defendant’s conduct did not violate a clearly established statutory or constitutional right of which a reasonable person would have known. … established in the Fourth Circuit at all times relevant to this action, and Defendants are entitled to qualified immunity. 6 C.

Barts v. Joyner

865 F.2d 1187 · Court of Appeals for the Eleventh Circuit · Jan 27, 1989

Qualified Immunity Appellants contend that they are entitled to qualified immunity because their conduct in March 1983 did not violate clearly established law. … immunity because they did not violate clearly established constitutional right); State v.