Case law

Lewis v. Roosevelt Island Operating Corp.

246 F. Supp. 3d 979 · District Court, S.D. New York · Mar 28, 2017

Public officials sued in their individual capacity are entitled to qualified immunity if “(1) a constitutional right was [not] violated or (2) the right was not clearly established [at the time of the violation].” … Rather, Defendants’ qualified immunity argument is based on the contention that the Complaint does not. include facts establishing the underlying constitutional violations, which the Court has rejected. VI.

Bischoff v. Calhoun County Prosecutor

173 Mich. App. 802 · Michigan Court of Appeals · Dec 20, 1988

which is essentially investigative or administrative and therefore entitled to only the protection of the qualified immunity. … Qualified immunity shields government officials performing discretionary functions from civil liability insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable

Allen v. DISTRICT ATTORNEY'S OFF. OF PHILADELPHIA

644 F. Supp. 2d 600 · District Court, E.D. Pennsylvania · Aug 3, 2009

QUALIFIED IMMUNITY Qualified immunity is “ ‘an entitlement not to stand trial or face the other burdens of litigation.’ ” Saucier v. Katz, 533 U.S. 194 , 200, 121 S.Ct. 2151 , 150 L.Ed.2d 272 (2001) (quoting Mitchell v. … In considering the second prong of the Saucier test, the Third Circuit clarified that “[a] right is clearly established for the purposes of qualified immunity when its contours are ‘sufficiently clear that a reasonable official

Bloom v. Toliver

133 F. Supp. 3d 1314 · District Court, N.D. Oklahoma · Sep 22, 2015

They are also entitled to qualified immunity because Bloom has not satisfied the “clearly established law” prong, as'required to defeat these defendants’ assertion of qualified immunity. … Hammett does not argue the “clearly established law” prong of the qualified immunity defense.

Yarris v. County of Delaware

465 F.3d 129 · Court of Appeals for the Third Circuit · Oct 2, 2006

immunity. 53 Qualified immunity shields state officials from suit when their conduct "does not violate clearly established statutory or constitutional rights of which a reasonable person would have known." … If the court concludes that the defendant's conduct violated a clearly established constitutional or statutory right, it must deny the defendant the protection afforded by qualified immunity.

Morris v. Dearborne

181 F.3d 657 · Court of Appeals for the Fifth Circuit · Jul 16, 1999

Dearborne contends that she is entitled to qualified immunity because her actions did not violate clearly established law and that her actions were objectively reasonable under the circumstances. … and the Supreme Court, a defendant’s defense of qualified immunity, based on a claim that the right to family integrity was not clearly established, will fail.

Rita F. Marsh, Cross-Appellee v. Dorothy Arn, Delores Furrow, Cross-Appellant

937 F.2d 1056 · Court of Appeals for the Sixth Circuit · Sep 23, 1991

The scope of qualified immunity is well stated by the Supreme Court in Harlow v. … Whether an official may prevail in his qualified immunity defense depends upon the ‘objective reasonableness of [his] conduct as measured by reference to clearly established law.’ ”); Ohio Civil Service Employees Ass’n v.

Bozeman v. Orum

199 F. Supp. 2d 1216 · District Court, M.D. Alabama · Apr 12, 2002

To resolve the qualified-immunity question, therefore, a determination as to whether this incident implicates a clearly established constitutional right must be made. … Without clearly established law to guide the officer’s actions, qualified immunity applies. Summary judgment is due on the fourth-amendment excessive-force claim against the officers. 3.

Egolf v. Witmer

421 F. Supp. 2d 858 · District Court, E.D. Pennsylvania · Mar 9, 2006

Defendants Are Entitled To Qualified Immunity Because A Reasonable Person Would Not Have Believed They Were Violating Clearly Established Rights. … The Supreme Court has directed that regardless of whether the rights at issue are ones that “a reasonable person would have known” or are “clearly established,” I must begin my evaluation of a qualified immunity defense by

Doe v. Ferguson

128 F.4th 727 · Court of Appeals for the Fifth Circuit · Feb 13, 2025

“Qualified immunity protects officers from suit unless their conduct violates a clearly established [statutory or] constitutional right.” Converse v. City of Kemah, 961 F.3d 771, 774 (5th Cir. 2020) (quoting Mace v. … If defendant asserts a qualified-immunity defense, “a plaintiff seeking to overcome qualified immunity must show: (1) that the official violated a statutory or constitutional right, and (2) that the right was clearly established

Howard Ex Rel. Estate of Howard v. Bayes

378 F. Supp. 2d 753 · District Court, E.D. Kentucky · Jan 5, 2005

Violation of Clearly Established Constitutional Right Determining whether a government official was performing a discretionary act, however, does not end the qualified immunity analysis. … Therefore, Bayes is entitled to qualified immunity for his actions as there is no evidence that he violated a clearly established federal right. B.

Nicholas Bolton v. Sheriff of Coweta County, GA

Court of Appeals for the Eleventh Circuit · May 21, 2026

that “was clearly established.” … Bolton fails to explain how any violation of his rights was clearly established.

SAN GERÓNIMO CARIBE PROJECT, INC. v. Vila

663 F. Supp. 2d 54 · District Court, D. Puerto Rico · Sep 30, 2009

Qualified immunity is applicable unless the official’s conduct violated a clearly established constitutional right. Pearson v. Callahan, — U.S. —, 129 S.Ct. 808, 815-816 , 172 L.Ed.2d 565 (2009)(citing Anderson v. … As aforementioned, when determining qualified immunity, the Court may choose to first assess whether the constitutional right asserted by the Plaintiff was clearly established at the time of the alleged violation.

Nielander v. Board of County Commissioners

582 F.3d 1155 · Court of Appeals for the Tenth Circuit · Aug 31, 2009

Qualified Immunity Qualified immunity protects government officials performing discretionary functions from individual liability in federal claims unless their conduct violates “clearly established statutory or constitutional … -24- concluding that statement two was a true threat under clearly established federal law) cannot be resolved as a matter of law, the law is not clearly established and qualified

Haddad v. Fromson

154 F. Supp. 2d 1085 · District Court, W.D. Michigan · May 2, 2001

The only issue for this Court is whether Fromson violated clearly established federal rights guaranteed by the Equal Protection and Due Process Clauses of the Fourteenth Amendment. 1. … Even if this Court were to find some arguable equal protection or due process violation, Fromson would nevertheless be entitled to qualified immunity unless Plaintiff could show that his rights were “clearly established”

Human Rights Defense Center, Inc. v. Uttecht

Court of Appeals for the Ninth Circuit · Dec 11, 2025

Defendants were not entitled to qualified immunity because HRDC’s asserted right against delayed delivery in this context was clearly established. … Defendants were entitled to qualified immunity because HRDC’s due process right to be notified of the Committee’s decision was not clearly established.

Emily Evans v. Phil Plummer

687 F. App'x 434 · Court of Appeals for the Sixth Circuit · Apr 19, 2017

Since we found no Fourth Amendment violation in Stricker, that case cannot constitute clearly established law sufficient to deny Feehan qualified immunity. White, 137 S. Ct. at 551. … But McDaniel actually expressed doubt about the holding in Parker and granted qualified immunity on the grounds that the law with respect to tasers was not clearly established. Id. at *27.

Opinion No.

Arkansas Attorney General Reports · Jan 17, 2001

The test for the applicability of qualified immunity turns upon the "objective legal reasonableness of the action," assessed in light of legal rules that were "clearly established" at the time the action was taken. … The immunity is "qualified" because it does not obtain where the activity is in violation of clearly established law that a reasonable person would have known. Robinson v.

Rodney Brossart v. Kelly Janke

859 F.3d 616 · Court of Appeals for the Eighth Circuit · Jun 16, 2017

” violated his clearly established Fourth Amendment *624 rights. 4 Qualified immunity shields officers from civil damage liability for discretionary acts when “[their] conduct does not violate clearly established statutory … He asserts that our decision affirming the denial of qualified immunity in Shekleton v. Eichenberger, 677 F.3d 361 (8th Cir. 2012), clearly established that Braathan’s conduct was unconstitutional. We disagree.

Redwood v. Lierman

Appellate Court of Illinois · Jun 7, 2002

Qualified Immunity Defendants argue that under the facts in the amended complaint, they are entitled to a qualified immunity from liability because the applicable legal standards were not clearly established at the time they … The majority's rule requiring a warrant is not only not clearly established, it is not the law. Qualified immunity applies.