Case law

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.

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.

Anderson v. City of Hopkins

805 F. Supp. 2d 712 · District Court, D. Minnesota · Mar 28, 2011

Clearly Established Right The second step in determining if qualified immunity applies is whether the constitutional right at issue was clearly established. … Thus, qualified immunity does not apply as to Kreiling. IV.

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.

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.

Tennyson v. Children's Services Division

308 Or. 80 · Oregon Supreme Court · Jun 13, 1989

Under section 1983, there are two types of immunity: qualified and absolute. 3 Qualified immunity is the norm for executive officials. Harlow v. Fitzgerald, 457 US 800, 807 , 102 S Ct 2727 , 73 L Ed 2d 396 (1982). … It protects conduct that “does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. Fitzgerald, supra, 457 US at 818 ; see also Anderson v.

Meyer v. Town of Buffalo

482 F.3d 1232 · Court of Appeals for the Tenth Circuit · Apr 16, 2007

To overcome the defense of qualified immunity, the judge noted, a plaintiff is required to show that the defendants’ actions violated a federal constitutional or statutory right, and that the right violated was clearly … Bryant, 502 U.S. 224, 227 (1991) (per curiam), for the principle that an officer must be granted qualified immunity if, in light of clearly established law and the information the officer possessed, a reasonable officer

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.

Charles v. Grief

522 F.3d 508 · Court of Appeals for the Fifth Circuit · Mar 31, 2008

that their conduct is objectively reasonable in light of clearly established law. … established law, officials may sometimes be required to proceed to trial even though the ultimate resolution of those factual disputes may show that they are entitled to qualified immunity from liability.”

Wilson v. Blankenship

163 F.3d 1284 · Court of Appeals for the Eleventh Circuit · Dec 31, 1998

General propositions and abstractions do not qualify for bright line, clearly established law. See Lassiter, 28 F.3d at 1150. … detainees housed there or specific square footage for inmates to exercise violates no clearly established law for qualified immunity purposes, as we clarify. 1.

Roberts v. Lapp

297 F. App'x 67 · Court of Appeals for the Second Circuit · Oct 28, 2008

Parole officers are entitled to qualified immunity when they perform their non-judicial and non-prosecutorial tasks, provided that they do not violate clearly established constitutional norms of which an objectively reasonable … Government officials performing discretionary functions are entitled to qualified immunity provided their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would

Estate of Gaither v. District of Columbia

833 F. Supp. 2d 110 · District Court, District of Columbia · Dec 19, 2011

“Qualified immunity shields federal and state officials from suit unless a plaintiff alleges facts showing (1) that the official violated a statutory or constitutional right, and (2) that the right was ‘clearly established … qualified immunity appropriate.

Catletti ex rel. Estate of Catletti v. Rampe

334 F.3d 225 · Court of Appeals for the Second Circuit · Jul 2, 2003

The district court denied the motion, holding that defendants’ claim of qualified immunity is defeated by the clearly established constitutional right to testify at a trial. See Catletti v. … A public official is entitled to qualified immunity when his or her conduct “did not violate ‘clearly established statutory or constitutional rights of which a reasonable person would have known.’ ” Hope v.

David McNair v. Collin Pratt

Court of Appeals for the Sixth Circuit · Sep 3, 2025

In denying qualified immunity, the district court resolved the legal question of whether Pratt’s conduct violated clearly established law, giving us the opportunity to review immediately its resolution of that issue. … In this case, we can begin and end our analysis with the second step of the qualified- immunity analysis, because we hold that Pratt’s conduct did not violate McNair’s clearly established rights.

Gray v. Cummings

917 F.3d 1 · Court of Appeals for the First Circuit · Feb 22, 2019

Cummings has invoked the defense of qualified immunity. … Thus, a government official may invoke the defense of qualified immunity when his actions, though causing injury, did "not violate clearly established statutory or constitutional rights of which a

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.

Daskalea v. Washington Humane Society

577 F. Supp. 2d 90 · District Court, District of Columbia · Sep 9, 2008

Circuit has explained, “[qjualified immunity shields officials from liability for damages so long as their actions were objectively reasonable, as measured in light of the legal rules that were ‘clearly established’ at the … if so, whether the allegedly violated constitutional rights were clearly established.

Tatum v. Winslow

122 F. App'x 309 · Court of Appeals for the Ninth Circuit · Jan 19, 2005

If this question is satisfied, then the court turns to the “qualified immunity inquiry,” and asks if the right was clearly established. Id. at 201-2. … The “Qualified Immunity Inquiry” The second step of the Saucier analysis requires that the defendant demonstrate that his misconduct was not a violation of clearly established law. Saucier, 533 U.S. at 201.

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).

Heard v. Dulayev

29 F.4th 1195 · Court of Appeals for the Tenth Circuit · Mar 29, 2022

The defendants argued Dulayev was entitled to qualified immunity because Dulayev’s alleged actions did not amount to a constitutional violation under clearly established law. … “In cases where we . . . resolve [the related] claim under the clearly- established-law prong” of the qualified immunity defense, however, “we have repeatedly declined to exercise pendent appellate jurisdiction over