Case law

Oliverio Martinez v. City of Oxnard Oxnard Police Department Art Lopez, Chief Maria Pena Andrew Salinas Ron Zavala, and Ben Chavez

270 F.3d 852 · Court of Appeals for the Ninth Circuit · Oct 30, 2001

Qualified immunity shields them “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.” … We must now determine whether the rights that Martinez alleges Chavez violated were clearly established by federal law.

Stoneking v. Bradford Area School District

856 F.2d 594 · Court of Appeals for the Third Circuit · Sep 12, 1988

The basis for their claim of immunity was that Stoneking did not have a clearly established right to be free from the sexual abuse of Wright, a member of the school’s staff, that they were under no clearly established duty … Qualified Immunity The doctrine of qualified immunity entitles government officials performing discretionary functions to immunity from liability for civil damages when their conduct “does not violate clearly established

Thomson v. Salt Lake County

584 F.3d 1304 · Court of Appeals for the Tenth Circuit · Oct 27, 2009

Kobayashi, 581 F.3d 1304, 1307 (11th Cir.2009). 2 “Qualified immunity is applicable unless the official’s conduct violated a clearly established constitutional right.” Pearson, 129 S.Ct. at 816 (citing Anderson v. … An officer using force in the course of a seizure of a citizen is entitled to qualified immunity unless the level of force violated clearly established Fourth Amendment law.

Mearday v. City of Chicago

196 F. Supp. 2d 700 · District Court, N.D. Illinois · Mar 28, 2002

Qualified Immunity Qualified immunity shields those government officials performing discretionary functions “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … At the second step of the qualified immunity analysis, the burden of demonstrating a clearly established constitutional right lies with the plaintiff.

Hill v. Florio

District Court, S.D. Georgia · Mar 31, 2025

“Qualified immunity protects government officials performing discretionary functions from suits in their individual capacities unless their conduct violates ‘clearly established statutory or constitutional … “Thus, if a defendant asserts a qualified immunity defense in a Rule 12(b)(6) motion to dismiss, the Court should grant qualified immunity if the plaintiff’s complaint fails to allege a violation of a clearly established

Walentas v. Lipper

862 F.2d 414 · Court of Appeals for the Second Circuit · Nov 25, 1988

Qualified Immunity. Walentas claims that the district incorrectly applied the standard of qualified immunity in concluding that Lipper was entitled to such immunity. Walentas v. … Thus, since the legal proposition argued by Wal-entas was not clearly established at the relevant time, Lipper’s conduct was protected by qualified immunity.

Robert Painter v. Bill Robertson Robert Tush

185 F.3d 557 · Court of Appeals for the Sixth Circuit · Jul 20, 1999

On review, the plaintiff has contended that qualified immunity was unavailable to the defendants because clearly established federal law directed that law enforcement authorities may not frisk a citizen for weapons purportedly … Accordingly, any “objectively reasonable” action by a state officer, as assessed in the light of clearly established law at the time of the conduct at issue, will be insulated by qualified immunity. Id.

Jiron v. City of Lakewood

392 F.3d 410 · Court of Appeals for the Tenth Circuit · Dec 20, 2004

Having found no violation of a constitutional or statutory right, we need not address whether any such right was “clearly established.” … However, when a finding of qualified immunity is based on a conclusion that the officer has committed no constitutional violation – i.e., the first step of the qualified immunity analysis – a finding of qualified immunity

Dotson v. City of Youngstown, Ohio

76 F. Supp. 2d 810 · District Court, N.D. Ohio · Nov 17, 1999

DISCUSSION Defendant Chaibi contends he is entitled to summary judgment under the doctrine of qualified immunity. … The plaintiff has the burden of proof to establish that the defendants are not entitled to qualified immunity. See Wegener v. City of Covington, 933 F.2d 390, 392 (6th Cir.1991).

Hbrandon Lee Flagner v. Reginald Wilkinson

241 F.3d 475 · Court of Appeals for the Sixth Circuit · Feb 22, 2001

After determining that a constitutional right is clearly established, the final step in our qualified immunity analysis is to inquire “whether the plaintiff has alleged sufficient facts supported by sufficient evidence to … Because Flagner has not satisfied his burden to establish that the “defendant officials] violated a clearly established constitutional right,” Buckner, 36 F.3d at 539 , the defendants are entitled to qualified immunity solely

Fernez v. Calabrese

760 So. 2d 1144 · District Court of Appeal of Florida · Jul 7, 2000

The court pointed out that under the qualified immunity doctrine, government officials performing discretionary functions are generally shielded from liability for civil damages insofar as their conduct does not violate clearly … If there are factual disputes, clearly they should be resolved by the trial court. [2] Rule 9.130 states a party must be denied sovereign or qualified immunity "as a matter of law," but this is not always easy to determine

Peters v. Woodbury County

979 F. Supp. 2d 901 · District Court, N.D. Iowa · Oct 25, 2013

In short, the answer to the second qualified immunity question on this claim, whether the right was “clearly established,” is “no.” e. … of the “qualified immunity” analysis.

Dempsey v. Denver Police Department

353 P.3d 928 · Colorado Court of Appeals · May 21, 2015

hazards" as "rain, fog, smoke, crowded traffic conditions, or many pedestrians crossing and re-crossing the roadway, perhaps unlawfully, after a parade, or the like," and noting that those kinds of conditions had not been established … zone from so qualifying.

Hunt v. Green

376 F. Supp. 2d 1043 · District Court, D. New Mexico · Mar 30, 2005

“When the defendants are public officials asserting a qualified immunity defense and the appealed issue is whether a given set of facts establishes that defendants violated clearly established law,”, the order denying summary … Even assuming a constitutional violation occurred, however, the Defendants are nonetheless entitled to qualified immunity because the law is not clearly established in this area.

Cunningham v. Snyder

472 F. Supp. 2d 1023 · District Court, S.D. Illinois · Sep 19, 2006

To defeat a qualified immunity defense, a plaintiff bears the burden of demonstrating that “the legal norms allegedly violated by the defendant were clearly established at the time of the challenged actions or, ... the law … See Greenberg, 840 F.2d at 472 (quoting Harlow, 457 U.S. at 818 , 102 S.Ct. 2727 ) (observing that the principle underlying the doctrine of qualified immunity is that “[i]f the law at the time was not clearly established,

Wesley Brayman v. Mark Shepherd

Court of Appeals for the Eighth Circuit · Sep 4, 1996

of clearly established law.'" … Gilley, 500 U.S. 226, 231 (1991) (holding that the first inquiry in a proper qualified immunity analysis is whether the plaintiff alleged the violation of a clearly established constitutional right).

Navajo Nation v. Crockett

7 Navajo Rptr. 237 · Navajo Nation Supreme Court · Nov 26, 1996

Qualified Immunity NAPI argues that in the absence of a showing of bad faith and gross negligence, an official who violates a person’s rights guaranteed by the Navajo Nation Bill of Rights is entitled to qualified immunity … Individual Navajo Nation officials are entitled to qualified immunity if “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v.

Williams v. United States

348 F. Supp. 3d 450 · District Court, D. Maryland · Dec 20, 2017

In short, qualified immunity clearly obtains here. … Williams' rights were "clearly established" at the time of the alleged violation.

Brown v. Fogle

867 F. Supp. 2d 61 · District Court, District of Columbia · May 17, 2012

Qualified immunity is “a defense that shields officials from suit if their conduct ‘d[id] not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’ ” Bame v. … "If no constitutional right would have been violated were the allegations established, there is no necessity for further inquiries concerning qualified immunity." Id.

Ferreira 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.