Case law

Ricardo Salazar-Limon v. City of Houston

826 F.3d 272 · Court of Appeals for the Fifth Circuit · Jun 16, 2016

“In order to overcome a qualified immunity defense, a plaintiff must allege a violation of a constitutional right, and then must show that ‘the right was clearly established . . . in light of the specific context of the case … of which was clearly unreasonable.”

Mason v. Massachusetts Department of Environmental Protection

774 F. Supp. 2d 349 · District Court, D. Massachusetts · Mar 29, 2011

entitled to qualified immunity because their liability had not been “clearly established.” 160 The Individual Defendants provide no First Circuit case law to support the application of qualified immunity here. 161 The Individual … See, e.g., Darby, 287 F.3d at 681 (explaining that the qualified immunity defense does not apply because the FMLA creates "clearly established statutory rights”).

Murphy v. Carroll

202 F. Supp. 2d 421 · District Court, D. Maryland · May 10, 2002

To determine the applicability of qualified immunity, this court follows a two-step analysis. … “Clearly established,” for pin-poses of qualified immunity analysis, means that the “contours of the right must be sufficiently clear that a reasonable official would understand that what he is doing violates that right.”

Ringuette v. City of Fall River

146 F.3d 1 · Court of Appeals for the First Circuit · Jun 5, 1998

Mass. 1995), but several claims were reserved for trial, and the issue of qualified immunity was not resolved. … violated clearly established law.

Mocek v. City of Albuquerque

813 F.3d 912 · Court of Appeals for the Tenth Circuit · Dec 22, 2015

A circuit split will not satisfy the clearly established prong of qualified immunity. But even if we were persuaded by Tobey, Mocek has made no compelling argument as to why its logic should apply here. … Jurisdiction 10 Although qualified immunity shields municipal employees where the law is not clearly established, this defense does not apply to municipalities themselves. Cordova v.

Fuller v. Truncale

50 So. 3d 25 · District Court of Appeal of Florida · Nov 2, 2010

In the motion to dismiss, Fuller claimed judicial immunity against the class action, arguing he was simply following protocol established in several administrative orders. … Exposito, 824 So.2d 954, 955 (Fla. 3d DCA 2002) (stating ”[b]ecause qualified immunity protects an individual from having to defend a suit, O'Brien will effectively lose his entitlement to qualified immunity if the case proceeds

Moore v. Hearle

639 F. Supp. 2d 352 · District Court, S.D. New York · Jun 12, 2009

Qualified Immunity Under the doctrine of qualified immunity, government officials are shielded from liability flowing from their performance of discretionary functions as long as “their conduct does not violate clearly established … Granting Defendant’s motion for summary judgment on grounds of qualified immunity is proper “only ‘if the court finds that the asserted rights were not clearly established, or if the evidence is such that, even when it is

Bruner v. Cassidy

Court of Appeals for the Tenth Circuit · Jan 8, 2026

Clearly established that it was unreasonable Even if their conduct is deemed unreasonable in the instant case, officers are still entitled to qualified immunity if the law did not clearly establish that the conduct … This use of force was excessive, and the law clearly established it was a constitutional violation at the time, meaning the officers are not entitled to qualified immunity.

Austin v. City of Pasadena

74 F.4th 312 · Court of Appeals for the Fifth Circuit · Jul 18, 2023

“Qualified immunity protects officers from suit unless their conduct violates a clearly established right.” Mace v. City of Palestine, 333 F.3d 621, 623 (5th Cir. 2003). … The test for qualified immunity involves two steps: “first we ask whether the officer’s alleged conduct has violated a federal right; . . . second we ask whether the right in question was ‘clearly established’ at

Sarah Molina v. Daniel Book

59 F.4th 334 · Court of Appeals for the Eighth Circuit · Feb 2, 2023

In the face of a summary-judgment motion seeking qualified immunity, the district court ruled that the claims could proceed to a jury. … It could not have clearly established a First Amendment right to wear the bright green hats.

Felix E. Capoeman v. Amos Reed

754 F.2d 1512 · Court of Appeals for the Ninth Circuit · Apr 22, 1985

Qualified Immunity Even defendants who violate constitutional rights enjoy a qualified immunity that protects them from liability for damages “unless it is further demonstrated that their conduct was unreasonable under the … Nonetheless, we found that the basic fourth amendment rights of students had been sufficiently clearly established at the time to prevent the defendants’ immunity. Id.

Payne v. Hopkins

Nebraska Court of Appeals · May 23, 2017

Qualified immunity consists of two inquiries: (1) whether the facts that a plaintiff has alleged make out a violation of a constitutional right and (2) whether the right at issue was clearly established at the time of the … In denying Payne’s Fourth Amendment claim, the district court found that the DCS officials were entitled to qualified immunity because Payne’s right to possess the artwork was not clearly established.

Potera-Haskins v. Gamble

519 F. Supp. 2d 1110 · District Court, D. Montana · Sep 28, 2007

This examination, in turn, invokes the Court’s obligation to address and resolve the threshold issue of Defendants’ claim of qualified immunity. 6 Qualified Immunity “Qualified immunity is ‘an entitlement not to stand trial … Finally, “[i]f the law did not put the [employer] on notice that his conduct would be clearly unlawful, summary judgment based on qualified immunity is appropriate.”

State v. Jones

416 S.C. 283 · Supreme Court of South Carolina · May 18, 2016

In a pretrial motion, Jones asserted immunity from prosecution under the "Protection of Persons and Property Act" (the Act).1 Following a hearing, the circuit court judge granted the motion, finding Jones established by … Conclusion We conclude the circuit court judge properly granted Jones immunity from prosecution pursuant to section 16-11-440(C) because Jones's residence qualified as "another place" where she had the right to be

L.S.T., Inc. v. Crow

49 F.3d 679 · Court of Appeals for the Eleventh Circuit · Apr 6, 1995

If the facts taken in the light most favorable to the plaintiff do not establish a violation of a clearly established constitutional right, the public official is entitled to summary judgment. … This means, in the context of a motion based on qualified immunity, that the plaintiff must show “there is a genuine issue of material fact regarding the defendant’s conduct as being violative of the clearly established law

Richard Winfrey, Jr. v. San Jacinto County

901 F.3d 483 · Court of Appeals for the Fifth Circuit · Aug 20, 2018

(“Junior”) or Megan Winfrey was not a “material” omission, and which reflects that it is Junior’s burden to overcome qualified immunity, not Johnson’s burden to show that qualified immunity applies. … the right was “clearly established” when the violation occurred.

Ada Anglemeyer v. Craig Ammons

92 F.4th 184 · Court of Appeals for the Third Circuit · Feb 7, 2024

both prongs of the qualified immunity analysis. … Our sister circuits have denied qualified immunity in cases factually similar to Couden. See, e.g., Shannon v.

Williams v. District of Columbia

268 F. Supp. 3d 178 · District Court, District of Columbia · Aug 3, 2017

"To defeat a defense of qualified immunity, a plaintiff must show not only that an official 'violated a constitutional right' but also that 'the right was clearly established' at the time of the violation. … of the Fourth Amendment, he is still entitled to qualified immunity ifthe right to be free of such force was not clearly established at the time of the violation, February 22, 2014.

Bardzik v. County of Orange

635 F.3d 1138 · Court of Appeals for the Ninth Circuit · Mar 28, 2011

We have the option to address only the clearly-established step of the qualified immunity analysis. Pearson, 129 S.Ct. at 818 . … Because we decide that Bardzik was a policymaker as Reserve Division Commander, we need not address the clearly-established prong of the qualified immunity analysis. See Pearson, 129 S.Ct. at 818 .

Moxley v. Town of Walkersville

601 F. Supp. 2d 648 · District Court, D. Maryland · Mar 6, 2009

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 known … Nonetheless, “qualified immunity ... will be upheld on a [Rule] 12(b)(6) motion only when the immunity is established on the face of the complaint,” Hafley v.