Case law

Supreme Video, Inc. v. Schauz

808 F. Supp. 1380 · District Court, E.D. Wisconsin · Dec 14, 1992

On the other hand, there is no qualified immunity if the defendant violated “a clearly established and well litigated general proposition in which the case at hand merely presents a new factual wrinkle.” … immunity defense, Supreme Video must show that the defendants’ conduct violated certain constitutional rights that were clearly and particularly established at the time of the seizure.

Lehman v. Robinson

228 F. App'x 697 · Court of Appeals for the Ninth Circuit · Apr 16, 2007

Government officials enjoy qualified immunity from civil damages unless their conduct violates “clearly established constitutional or statutory rights of which a reasonable person would have known.” Harlow v. … Second, and only if a constitutional right was violated, we consider whether the right was clearly established such that a reasonable officer would believe the alleged conduct was unlawful.

Doe v. Hazard

152 F. Supp. 3d 859 · District Court, E.D. Kentucky · Jan 15, 2016

The -plaintiff bears the burden of showing that a defendant is not entitled to qualified immunity, O’Malley v. … The Court also finds no binding case law that any of Simpson’s alleged conduct violated a clearly established constitutional right.

Glenda Smith v. City of Wyoming

821 F.3d 697 · Court of Appeals for the Sixth Circuit · Apr 15, 2016

It is sufficient to hold that, even viewing the facts in the light most favorable to Smith, Officer Riggs did not violate clearly established law, and he therefore was protected by qualified immunity. … Turning to the clearly established law question, we must first ask whether the Ohio law defining obstruction of official business is clearly established. We conclude that it is.

Transcare Maryland, Inc. v. Murray

431 Md. 225 · Court of Appeals of Maryland · Apr 22, 2013

The County noted that, while the firefighter was clearly immune under the Good Samaritan Act, “[t]he volunteer fire department, however, is a private nonprofit corporation which does not appear to have the statutory immunity … Act, regardless of whether the company’s employee may qualify for immunity under the statute.

Jones v. Yanta

610 F. Supp. 2d 34 · District Court, District of Columbia · Mar 31, 2009

Qualified Immunity “[Government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not vio *43 late clearly established statutory or constitutional … However, “[a] plaintiff who seeks damages for violation of constitutional or statutory rights may overcome the defendant official’s qualified immunity only by showing that those rights were clearly established at the time

Doss v. Gilkey

649 F. Supp. 2d 905 · District Court, S.D. Illinois · Jul 28, 2009

The defendants are not entitled to qualified immunity because: a. … clearly established.

Arzabala v. Weems

District Court, N.D. Texas · Jan 31, 2023

When a defendant has asserted a qualified-immunity defense, the Court may, under certain circumstances, permit limited discovery that is narrowly tailored to uncover facts that the Court needs to rule on the qualified-immunity … .”); see also Backe, 691 F.3d at 648 (explaining that “this court has established a careful procedure under which a district court may defer its qualified immunity ruling if further factual development is necessary to

Keith Edwards v. Officer J. Grubbs

Court of Appeals for the Eleventh Circuit · Jun 30, 2026

Edwards to establish that qualified immunity does not apply. See Bailey, 843 F.3d at 480. … A right may be clearly established for qualified im- munity purposes in one of three ways: (1) case law with indistinguishable facts clearly establishing the constitutional right;

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

Onnette v. Reed

832 S.W.2d 450 · Texas Court of Appeals, 1st District (Houston) · Jun 25, 1992

Regarding appellant’s section 1983 claim, appellees argue that “[the TDCJ employees] are entitled to qualified immunity.” Prison officials and officers may rely on qualified immunity in section 1983 actions. … To meet this burden, the plaintiff must estab *453 lish that the defendant’s conduct “violated clearly established statutory or constitutional rights of which a reasonable person would have known.” Brown v.

Niles v. Town of Wakefield

172 F. Supp. 3d 429 · District Court, D. Massachusetts · Mar 24, 2016

Qualified Immunity ■ The First Circuit recently described the contours of the qualified immunity defense in detail as follows: The rules for granting qualified immunity are well established, “The doctrine of qualified immunity … ” subject to qualified immunity).

Moore v. Hartman

644 F.3d 415 · Court of Appeals for the D.C. Circuit · Jul 15, 2011

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 person would have … federal right allegedly infringed was clearly established.”

Loria v. Gorman

306 F.3d 1271 · Court of Appeals for the Second Circuit · Sep 26, 2002

However, if we decide otherwise, we proceed to “ask whether the right was clearly established” at the time it was allegedly infringed. Id. … Appellants’ Claims of Qualified Immunity A. Qualified Immunity from Claims Arising out of the April 10, 1998 Arrest of Loria for OGA 1.

Herrera v. Santa Fe Public Schools

41 F. Supp. 3d 1027 · District Court, D. New Mexico · Aug 29, 2014

(“Robles has successfully established the violation of a clearly established right and therefore qualified immunity is not appropriate. … Clearly Established Rights in the Qualifíed Immunity Analysis.

Mellott v. Sprague

334 F. Supp. 3d 916 · District Court, C.D. Illinois · Jun 15, 2017

In order to defeat a defense of qualified immunity, Plaintiff must demonstrate that: (1) Defendants conduct violated his constitutional rights; and (2) the violated rights were clearly established at the time of the alleged … This right had been clearly established since, at the latest, 1990.

Krzyske v. Commissioner

548 F. Supp. 101 · District Court, E.D. Michigan · Sep 26, 1982

Even if the Commissioner is entitled to only a qualified immunity, however, the test established in Harlow v. Fitzgerald protects the defendant in this action. … In Harlow the Supreme Court said that governmental officials performing discretionary functions are shielded from liability for civil damages insofar as their conduct does not violate “clearly established” statutory or constitutional

Ridpath v. Board of Governors Marshall University

447 F.3d 292 · Court of Appeals for the Fourth Circuit · May 11, 2006

Qualified immunity shields government officials performing discretionary functions from personal-capacity liability for civil damages under § 1983, “ ‘insofar as their conduct does not violate clearly established statutory … Under the second prong of the qualified immunity test, we assess whether the free speech claims would contravene clearly established rights of which a reasonable person would have known. See Mellen v.

Rodriguez-Oquendo v. Toledo-Davila

39 F. Supp. 2d 127 · District Court, D. Puerto Rico · Feb 23, 1999

Qualified immunity is an affirmative defense shielding public officials from civil damages so long as their conduct does not violate any clearly—established statutory or constitutional right of which a reasonable person would … Accordingly, we find that Defendant officers are not entitled to qualified immunity. C.

Aguirre v. City of San Antonio

995 F.3d 395 · Court of Appeals for the Fifth Circuit · Apr 22, 2021

Under the doctrine of qualified immunity, “[g]overnment officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established … “The second prong of the qualified-immunity analysis asks whether . . . the right in question was ‘clearly established’ at the time of the violation.” Id. at 656 (citing Hope v.