Case law

Anthony Palmer v. Paul Richards, Ronald Goss

364 F.3d 60 · Court of Appeals for the Second Circuit · Apr 6, 2004

established, we conclude that the district court (Baer, J.) properly denied the defendant’s motion for summary judgment on the basis of qualified immunity. … It was, of course, Richards’s burden at summary judgment to show the nonexistence of a clearly established right and his entitlement to qualified immunity. Tellier, 280 F.3d at 84 .

Estate of George Ex Rel. George v. Michigan

136 F. Supp. 2d 695 · District Court, E.D. Michigan · Feb 8, 2001

If no constitutional violation occurred, Defendants are entitled to the defense of qualified immunity. … clearly established constitutional rights of which a reasonable person would have known.

Wallace v. Moberly

947 S.W.2d 273 · Court of Appeals of Texas · Jul 17, 1997

B) Qualified Immunity to § 1983 Claims In his second point of error, Wallace argues that the trial court erred by denying his motion for summary judgment because he is entitled to qualified immunity to Moberly’s federal law … Wallace is entitled to qualified immunity if he could have reasonably believed his actions to be lawful in light of clearly established law and the information he possessed. Hunter v.

Sollenberger v. Sollenberger

173 F. Supp. 3d 608 · District Court, S.D. Ohio · Mar 25, 2016

clearly established constitutional right. … Sept. 29, 2006) (stating R.C, 311.05 establishes qualified immunity for a sheriff).

Jules Gassner v. City of Garland, Texas, M.L. Bates

864 F.2d 394 · Court of Appeals for the Fifth Circuit · Mar 7, 1989

The court defined this form of qualified immunity as follows: [Government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly … Hence, the Court offered the following refinement of the Harlow qualified immunity test: [O]ur cases establish that the right the official is alleged to have violated must have been ‘clearly established’ in a more particularized

Zackary Stewart v. Karl Wagner

836 F.3d 978 · Court of Appeals for the Eighth Circuit · Sep 12, 2016

On this record, we conclude it was error to deny Prosecutor Selby qualified immunity on this claim because Stewart failed to present sufficient evidence that Wagner and Selby violated “clearly established [Fourth Amendment … If the motion was made and denied, that would at least establish there was no clearly established violation of the Sixth Amendment.

Sandra Outler v. Kelly Cooper

Court of Appeals for the Eleventh Circuit · Nov 10, 2025

Cooper argues that we have jurisdiction because this appeal presents issues of law re- lating to his qualified-immunity defense. … However, Cooper argues in his merits brief that, even if he violated the Eighth Amendment, that violation was not clearly established at the relevant time, USCA11 Case: 25-11522 Document: 29-2 Date

Davis v. City of Aurora Ex Rel. Oates

705 F. Supp. 2d 1243 · District Court, D. Colorado · Mar 31, 2010

In considering what law is clearly established, factual novelty alone does not automatically provide a state official with the protections of qualified immunity. … case law to clearly establish the violation.”

Richard Powell v. Randy Johnson

405 F.3d 652 · Court of Appeals for the Eighth Circuit · May 2, 2005

On appeal, the Appellants argue they are entitled to qualified immunity because the decision to demote Powell was reasonable in light of clearly established law. … If the answer is no, qualified immunity is proper and summary judgment should be granted. If the answer is yes, we next decide “whether the right was clearly established.” Id.

Liffiton v. Keuker

850 F.2d 73 · Court of Appeals for the Second Circuit · Jun 21, 1988

Even if they are not entitled to absolute immunity, they may be entitled to qualified immunity if their actions were objectively reasonable under clearly established law. Harlow v. … Such an action is neither clearly prosecutorial in nature, entitling him to absolute immunity, nor objectively reasonable under clearly established law, entitling him to qualified immunity.

Van Dyke v. Washington

896 F. Supp. 183 · District Court, C.D. Illinois · Aug 3, 1995

However, "the defense of qualified immunity shields government officials performing discretionary functions `from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … and (2) whether the constitutional standards implicated were clearly established at the time in question.

State v. Jett

316 Md. 248 · Court of Appeals of Maryland · May 31, 1989

Forsyth, 472 U.S. 511 , 105 S.Ct. 2806, 2815-17 , 86 L.Ed.2d 411 (1985) (Attorney General qualified immunity); Nixon v. … Forsyth, 472 U.S. 511 , 105 S.Ct. 2806 , 86 L.Ed.2d 411 (1985) (denial of a claim of qualified immunity, to the extent it turns on an issue of law); Nixon v.

Blissett v. Coughlin

66 F.3d 531 · Court of Appeals for the Second Circuit · Sep 25, 1995

In the context of the claims in this case, qualified immunity affords government officials a two-tier defense “from liability from civil damages insofar as their conduct does not violate clearly established statutory or constitutional … Consistent with their pretrial posture, Appellants made no further effort to establish a qualified immunity defense following the colloquy.

Harvey Lucious Hall v. George Lombardi William Armontrout, Warden Donald Cline

996 F.2d 954 · Court of Appeals for the Eighth Circuit · Aug 11, 1993

In determining whether the appellants are protected by qualified immunity, we must first decide “the essentially legal question whether the conduct of which [Hall] complains violated clearly established law,” and then we … The test “focuses on the objective legal reasonableness of an official’s acts,” and the qualified immunity defense fails if the official violates a clearly established right because “a reasonably competent public official

Johnson v. Perry

859 F.3d 156 · Court of Appeals for the Second Circuit · Jun 8, 2017

was clearly established at 9 the time of the challenged conduct." … Against a background of clearly 2 established law, the availability of qualified immunity "generally turns on the [defendant's conduct's] 3 'objective legal reasonableness.'" Anderson v.

Gray-Hopkins v. Prince George's County, Maryland

309 F.3d 224 · Court of Appeals for the Fourth Circuit · Oct 30, 2002

official's conduct did not violate clearly established law." … qualified immunity doctrine as set forth in Harlow v.

Darryl Leon Rouse v. William Plantier, Acting Superintendent of A.D.T.C. Sally S. Scheidemantel, Resigning Superintendent of A.D.T.C. William H. Fauver, Commissioner of N.J. Department of Corrections Governor Jim Florio, State of New Jersey Dr. Robert Cardinale, Medical Director of A.D.T.C. Dr. Narshima Reddy, Attending Physician of A.D.T.C. Ms. Elaine Martin, Chief Nurse of A.D.T.C. Captain Helmkin, Housing Mike Zell, Director of Social Services Dr. Sandoval, Attending Psychologist of A.D.T.C. Dr. Cattone, M.D., St. Francis Hospital Scott Faunce Dr. Tarlian, M.D. Dr. O'bryne, M.D. Dr. Todd, M.D., St. Francis Hospital Charles Brooks, on Behalf of a Class of Themselves and Others Similarly Situated Stephen Jankowski, on Behalf of a Class of Themselves and Others Similarly Situated Julio Baez, on Behalf of a Class of Themselves and Others Similarly Situated Robert Kammerer, on Behalf of a Class of Themselves and Others Similarly Situated v. Elaine Allen John Doe Jane Roe William Plantier Robert Cardinale Narshima Reddy Elaine Allen

182 F.3d 192 · Court of Appeals for the Third Circuit · Jun 29, 1999

Turning to defendants' qualified immunity defense, the District Court held that the right at issue was clearly established and that the defendants had failed to demonstrate the reasonableness of their actions. … immunity, it is necessary to determine whether a reasonable official in the position of that defendant would have known that his or her actions were unconstitutional in light of the clearly established law and the information

Hill v. Florio

District Court, S.D. Georgia · Mar 31, 2025

“Qualified immunity protects government officials performing discretionary functions from suits in their individual capacities unless their conduct violates ‘clearly established statutory or constitutional … “Thus, if a defendant asserts a qualified immunity defense in a Rule 12(b)(6) motion to dismiss, the Court should grant qualified immunity if the plaintiff’s complaint fails to allege a violation of a clearly established

Ambrose v. Coffey

696 F. Supp. 2d 1119 · District Court, E.D. California · Mar 31, 2010

immunity. 4 Specifically, the court held that these defendants were entitled to qualified immunity because it was not clearly established that the performance of MUAs by licensed chiropractors in California was legal. … In its December 24, 2009 order the court held that because it was not clearly established that the performance of MUAs was lawful, defendants Weydert and Coffey were entitled to qualified immunity on plaintiffs’ claims under

Eberhardinger v. City of York

341 F. Supp. 3d 420 · District Court, M.D. Pennsylvania · Sep 17, 2018

Qualified Immunity Qualified immunity protects a state actor who has committed a constitutional violation if the plaintiff's rights were not "clearly established" when the individual acted. See Pearson v. … The Supreme Court of the United States has repeatedly admonished that, when analyzing qualified immunity, courts should not "define clearly established law at a high level of generality."