Case law

Robinson v. York

566 F.3d 817 · Court of Appeals for the Ninth Circuit · Apr 27, 2009

Defendants appeal from the denial of qualified immunity. For the reasons that follow, we affirm. I. … not affect whether Defendants are entitled to qualified immunity at this stage of the proceedings.

Frank Barrett v. Nancy I. Harrington, A/K/A Penny Harrington

130 F.3d 246 · Court of Appeals for the Sixth Circuit · Nov 20, 1997

To survive Defendant’s assertion of qualified immunity, Barrett must show that, under § 1983, Harrington’s conduct: (1) violates Barrett’s clearly established constitutional rights, (2) of which a reasonable person would … See discussion supra, concerning a judge’s absolute immunity to report possible illegal conduct. 29 .As the District Court noted, there are a number of ways a public official can establish a defense of qualified immunity.

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.

Mindy Kahle v. Deputy Tim Malone

477 F.3d 544 · Court of Appeals for the Eighth Circuit · Feb 12, 2007

If the right was not clearly established, then the officer is protected by qualified immunity. 1. … Qualified Immunity The second question in the qualified-immunity analysis requires us to consider whether the right that Malone allegedly violated was clearly established at the time of the violation.

Westmoreland v. Sutherland

718 F. Supp. 2d 884 · District Court, N.D. Ohio · Jun 11, 2010

Qualified immunity cases, however, are not precisely on point. … “The doctrine of qualified immunity shields government officials from liability, as well as from suit, so long as their official conduct does not violate clearly established statutory or constitutional rights of which a reasonable

Forsyth v. Kleindienst

729 F.2d 267 · Court of Appeals for the Third Circuit · Mar 8, 1984

The district court reasoned that because Mitchell failed to establish an objective basis for believing his action to be lawful at the time he authorized the wiretaps in question, the clearly established law made his warrantless … Appealability of Summary Denial of Qualified Immunity Defendant Mitchell appeals also the district court’s summary denial of his qualified immunity claim.

Kristine Williams v. MO Department of Corrections

Court of Appeals for the Eighth Circuit · Aug 6, 2026

Further, they assert that Williams failed to plausibly allege a violation of a clearly established right because the clearly established right is one to be protected from the known risks of suicide, and Loflin, Yount, and … , ‘whether the right was clearly established at the time of the alleged infraction.’”

Savage v. State

127 Wash. 2d 434 · Washington Supreme Court · Aug 17, 1995

I Qualified Personal Immunity In Taggart v. State, 118 Wn.2d 195 , 822 P.2d 243 (1992), we held that parole officers have qualified immunity for allegedly negligent supervision of parolees who harm third parties. … agent enjoys qualified personal immunity.

Young v. Keohane

809 F. Supp. 1185 · District Court, M.D. Pennsylvania · Nov 13, 1992

In some cases, the qualified immunity issue may also turn on “the complementary question whether defendant had a clearly established duty towards plaintiff.” Ryan v. … What is “clearly established” law for qualified immunity purposes, however, commands only some, “not precise factual correspondence between relevant precedents and the conduct at issue.” Ryan, 860 F.2d at 1208 .

Does v. Covington County School Board of Education

930 F. Supp. 554 · District Court, M.D. Alabama · Jan 2, 2003

However, the court then held that because this duty was not clearly established at that time, the school officials were entitled to qualified immunity. Id. … The law, however, cannot be established by dicta. As stated by the Eleventh Circuit, [d]ieta is particularly -unhelpful in qualified immunity cases where we seek to identify clearly established law. See, e.g., Jones v.

Wallace v. City of Shelby

968 F. Supp. 1204 · District Court, N.D. Ohio · May 30, 1997

The Supreme Court held that, with respect to motions for summary judgment based on qualified immunity, “the judge may appropriately determine, not only the currently applicable law, but whether that law was clearly established … Plaintiffs assert that the use of excessive force is itself a violation of a clearly established constitutional right in “cases dealing with qualified immunity”. (Plaintiffs’ Opp. at 7).

Cruz v. Mississippi Department of Human Services

9 F. Supp. 3d 668 · District Court, S.D. Mississippi · Mar 10, 2014

Qualified Immunity To defeat a claim of qualified immunity, a plaintiff must show that (1) the plaintiff has alleged that the defendant has violated a clearly established constitutional or statutory right, and (2) a reasonable … person would have known of that clearly established right.

Henderson Duval Houghton v. Carroll v. South

965 F.2d 1532 · Court of Appeals for the Ninth Circuit · Jun 11, 1992

clearly established statutory or constitutional rights of which a reasonable person would have known.” … South moved for summary judgment on his qualified immunity defense.

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

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.

Durham v. Rapp

64 F. Supp. 3d 740 · District Court, D. Maryland · Dec 9, 2014

Qualified immunity turns on two inquiries: (1) “whether the facts that a plaintiff has alleged ... or shown ... make out a violation of ■ a constitutional right,” and (2) “whether the right at issue was ‘clearly established … A defendant is entitled to qualified immunity “unless the official’s conduct violated a clearly established constitutional right.” Id.

Salas v. Carpenter

980 F.2d 299 · Court of Appeals for the Fifth Circuit · Dec 8, 1992

IV As sheriff, Carpenter is entitled to qualified immunity from suit under section 1983 unless it is shown by specific allegations that he violated clearly established constitutional law. Anderson v. … Since qualified immunity turns on whether a defendant violated a clearly established right, a "necessary concomitant" to that decision is determining "whether the plaintiff has asserted a violation

Prowisor v. Bon-Ton, Inc.

426 F. Supp. 2d 165 · District Court, S.D. New York · Apr 6, 2006

Qualified Immunity Even assuming that probable cause was not established, Officer Roth is entitled to qualified immunity. … Qualified immunity can be established in three ways: (1) if defendant’s acts did not violate a clearly established constitutional right; (2) if it remains unclear as to whether an exception permitted such acts; and (3) if

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.

Leon Washington and Clara Washington v. James Haupert, Joel Slygh and Fred Rogers

481 F.3d 543 · Court of Appeals for the Seventh Circuit · Mar 27, 2007

Governmental actors performing discretionary functions are entitled to qualified immunity and are “shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … If the right was clearly established, the government actor is not entitled to qualified immunity. The plaintiffs allege that the defendants violated their Fourth Amendment rights to be free from unreasonable seizure.