Case law
Opinions from 1658 to today.
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Kevin McCourt v. Miguel Angel Delgado
West Virginia Supreme Court · Mar 25, 2019
Under this standard, the petitioner officers contend they are entitled summary judgment based on qualified immunity because they did not violate any clearly established constitutional rights. … Under a qualified immunity analysis, we must determine whether the petitioner officers’ alleged conduct violated a clearly established constitutional right.
Cited 0 timesPublishedFerreira v. Town of East Hampton
56 F. Supp. 3d 211 · District Court, E.D. New York · Nov 4, 2014
However, in holding that government actors enjoyed qualified immunity for conducting a war-rantless abatement of a public nuisance, the Second Circuit has held that Tyler did not clearly establish a warrant requirement to … Qualified Immunity Finally, Narvilas, Jilnicki, Schirrippa, Glogg, and Grenci assert the defense of qualified immunity.
Cited 16 timesPublishedBrooks v. Northwood Little League, Inc.
327 S.C. 400 · Court of Appeals of South Carolina · Jun 9, 1997
Some courts have focused on the nature of the land itself and have established prerequisites to immunity, namely that the land qualifying for protection is: (1) rural, (2) undeveloped, (3) appropriate for the type of activities … The plain language of our recreational use statute’s provisions clearly protects the Respondents because it grants immunity to “landowners.” 7 S.C.Code Ann. §§ 27-3-10 to 27-3-70; see also T.W.
Cited 17 timesPublishedWillie Bigford, Jr. v. Joe Max Taylor, Individually and as Sheriff of Galveston County, Texas
896 F.2d 972 · Court of Appeals for the Fifth Circuit · Mar 23, 1990
action generally turns on the ‘objective legal reasonableness’ of the action ... assessed in light of the legal rules that were ‘clearly established’ at the time it was taken.” … For the legal rules to be considered “clearly established,” the “contours” of the right alleged to have been violated “must be sufficiently clear that a reasonable official would understand that what he is doing violates
Cited 19 timesPublishedTexas Court of Appeals, 8th District (El Paso) · Aug 6, 2014
and qualified immunity. … The test for qualified immunity requires the court to engage in a two part inquiry: (1) whether a public official’s conduct violated a constitutional or statutory right; and (2) whether the right was “clearly established
Cited 0 timesPublished59 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.
Cited 22 timesPublished388 F.3d 216 · Court of Appeals for the Sixth Circuit · Jan 10, 2005
The doctrine of qualified immunity protects government officials who perform discretionary functions from civil liability "insofar as their conduct does not violate clearly established statutory or constitutional rights of … Assuming that "a violation could be made out on a favorable view of the parties' submissions, the next, sequential step is to ask whether the right was clearly established.
Cited 34 timesPublished203 So. 3d 126 · Court of Criminal Appeals of Alabama · Dec 18, 2015
Absent a clearly expressed legislative intent to the contrary, the language of the statute is conclusive. … We first note that Harrison is not entitled to any relief on his claim that he presented sufficient evidence during trial and after trial to establish that he was immune from prosecution.
Cited 7 timesPublishedEstate 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.
Cited 3 timesPublishedCourt 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
Cited 0 timesPublished890 F.2d 273 · Court of Appeals for the Tenth Circuit · Nov 27, 1989
Runner, 854 F.2d 374 (10th Cir.1988): Qualified immunity is an affirmative defense that protects .government officials from personal liability unless their actions violate clearly established law of which a reasonable person … Officer Spinharney concedes that Zu-chel’s right to be free from excessive force is a clearly established right. Opening Brief of Appellant at 24.
Cited 34 timesPublishedDistrict Court, D. Colorado · Jul 29, 2019
“Individual defendants named in a § 1983 action may raise a defense of qualified immunity, which shields public officials from damages actions unless their conduct was unreasonable in light of clearly established law. … In a motion to dismiss based on qualified immunity, the burden is on the plaintiff to show that: (1) a constitutional violation occurred; and (2) that the constitutional right that was violated was clearly established
Cited 0 timesUnknownLinda DeVooght v. City of Warren, Mich.
Court of Appeals for the Sixth Circuit · Nov 5, 2025
On appeal, Dwyer contends that he didn’t violate DeVooght’s clearly established First Amendment rights, so he should receive qualified immunity. … We have repeatedly held that a public employee’s right to engage in protected speech without retaliation is clearly established for purposes of qualified immunity. See Buddenberg v.
Cited 0 timesPublished333 F.3d 621 · Court of Appeals for the Fifth Circuit · Jul 24, 2003
Qualified immunity protects officers from suit unless their conduct violates a clearly established constitutional right. Harlow v. Fitzgerald, 457 U.S. 800, 818 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982). … Claims of qualified immunity require a two-step analysis.
Cited 198 timesPublishedBuckley v. BARBOUR COUNTY, ALA.
624 F. Supp. 2d 1335 · District Court, M.D. Alabama · Dec 15, 2008
An official is not entitled to qualified immunity if (1) the official’s conduct violated a constitutional or statutory right; and (2) the violation was “ ‘clearly established.’ ” Id. (quoting Saucier v. … Gamble thus fails the first prong of the qualified immunity test. The violation was also “clearly established,” placing Gamble on fair notice of an unconstitutional violation.
Cited 3 timesPublished602 F. Supp. 843 · District Court, D. New Jersey · Feb 21, 1985
Fitzgerald, 457 U.S. 800 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982), a government official performing a discretionary function is shielded by qualified immunity unless his actions violated “clearly established statutory or … Operating on the assumption that the right to be free from malicious prosecution was not a clearly established right, we found that the *846 state officers in this case were entitled to rely on the qualified immunity defense
Cited 3 timesPublishedRobert D. Mastroianni v. Michael J. Bowers, Patrick D. Deering, Joe B. Jackson, Jr., Weyland Yeomans
74 F.3d 236 · Court of Appeals for the Eleventh Circuit · Jan 5, 1996
immunity as a defense, and (2) the issue on appeal is whether the undisputed facts show a violation of clearly established law. … to determining whether the law supposedly violated was clearly established.
Cited 4 timesPublishedGaffey v. Illinois Dept of Juvenile Justice
District Court, N.D. Illinois · Mar 31, 2021
Qualified immunity protects public officials from damages liability unless the evidence shows “(1) that the official violated a statutory or constitutional right, and (2) that the right was ‘clearly established’ at the … The Court finds Plaintiff’s argument against qualified immunity to be flawed, however, as it frames “clearly established” law at too high a level of generality.
Cited 0 timesUnknownMadden v. Regional University System
73 F. Supp. 3d 1341 · District Court, W.D. Oklahoma · Dec 24, 2014
“The doctrine of qualified immunity shields public officials ... from damages unless their conduct was unreasonable in light of clearly established law.” Elder v. … To rebut a defendant’s qualified immunity defense, a plaintiff must show (1) that the official violated a statutory or constitutional right, and (2) that the right was “clearly established” at the time of the challenged conduct
Cited 0 timesPublishedCourt of Appeals of Tennessee · Mar 18, 2002
violate the clearly established constitutional or statutory rights of which a reasonable person would have known. … When a defendant asserts a qualified immunity defense in a 42 U.S.C. § 1983 action, the burden is on the plaintiff to show that the rights he or she is asserting have been clearly established. Perkins v.
Cited 0 timesPublished
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