Case law

Isaiah Taylor v. Justin Schwarzhuber

Court of Appeals for the Seventh Circuit · Mar 19, 2025

Qualified immunity shields federal and state officials from monetary liability unless the law they ostensibly violated was clearly established at the time of the alleged offense. … The court awarded qualified immunity to Schwarzhuber and Rydzewski on Taylor’s initial stop and frisk claims be- cause Taylor did not provide cases showing the officers’ ac- tions violated clearly established law.

Fuhr v. City of Seattle

Court of Appeals for the Ninth Circuit · May 7, 2026

CITY OF SEATTLE 3 established law that sets out a constitutional violation. Because no case clearly established a Fourth Amendment right violated by Zech, he was entitled to qualified immunity. … Because no case clearly established a Fourth Amendment right violated by Zech, he is entitled to qualified immunity. II. Other Claims Fuhr’s other claims also fail.

KEMP EX REL. WRIGHT v. State, County of Burlington

147 N.J. 294 · Supreme Court of New Jersey · Jan 14, 1997

N.J.S.A. 26:11-12, however, establishes a generalized grant of qualified immunity to county boards and their agents “for any act ” performed “in good faith and with ordinary discretion.” … We conclude that N.J.S.A. 26:ll-12’s grant of only qualified immunity for discretionary acts is clearly inconsistent with the TCA’s general discretionary immunity provisions which provide for absolute immunity in that context

Lisa Price v. Montgomery County

72 F.4th 711 · Court of Appeals for the Sixth Circuit · Jul 5, 2023

To overcome a defendant’s qualified immunity defense, a plaintiff must plausibly allege that (1) the official violated a federal statutory or constitutional right, and (2) the right was “clearly established” at the time of … Miller has neither proven that violating a court order constitutes a constitutional violation, nor that such a violation is clearly established. As a result, Craycraft is entitled to qualified immunity.

David C. Warth v. Thomas Williamson

Court of Appeals for the Eleventh Circuit · Mar 2, 2026

immunity, Warth needed to establish that (1) Williamson violated a constitutional right, and (2) the right was clearly established at the time of the alleged violation. … Casey, 75 F.4th 1176, 1186 (11th Cir. 2023) (“[T]o establish the defense of qualified immunity for a false arrest claim, we have held that an officer need not have actual probable cause, but only arguable

Gyadu v. Frankl

62 F. Supp. 2d 590 · District Court, D. Connecticut · Jul 23, 1999

Individuals are qualifiedly immune insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known. Id. at 818 , 102 S.Ct. 2727 . … Thus, as to those remedies, the defendants enjoy qualified immunity. The motions to dismiss will be granted, on grounds of qualified immunity, as to the allegations of violations of 42 U.S.C.

Don A. Brawner v. City of Richardson, Texas, L.F. Eudy, Richardson Police Department Director, and Kenneth Yarbrough, Chief of Police

855 F.2d 187 · Court of Appeals for the Fifth Circuit · Aug 18, 1988

established at the time he was fired so as to preclude their asserting a claim of qualified immunity. … Qualified immunity is a defense for public officials if “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” 19 “Clearly established” means

Daniel Tanner v. Anita Phillips

669 F. App'x 444 · Court of Appeals for the Ninth Circuit · Oct 4, 2016

established right. 2 14-35983 See Pearson v. … Callahan, 555 U.S. 223, 232 (2009) (defendant is entitled to qualified immunity unless the conduct at issue violated a clearly established constitutional right).

Allen v. Higgins

902 F.2d 682 · Court of Appeals for the Eighth Circuit · May 4, 1990

Based on the trial court’s finding that the catalog ordered by Allen, “clearly posed no threat to the security of the institution,” the trial court concluded that Groose was not entitled to qualified immunity. We agree. … A government official performing discretionary functions is generally entitled to qualified immunity when his conduct “does not violate clearly established statutory or constitutional rights of which a reasonable person would

Lilly v. Lewiston-Porter Central School District

853 F. Supp. 2d 346 · District Court, W.D. New York · Dec 20, 2011

qualified immunity did not apply. … Then we consider if the violated right was clearly established at the time of the conduct....

Rodriguez-Cortes v. Superintendencia del Capitolio

236 F. Supp. 3d 498 · District Court, D. Puerto Rico · Feb 17, 2017

(2), if so, whether that right was clearly established at the time of defendant’s violation.” … Defendants fail to satisfy either part of the qualified immunity test. Accordingly, the Court finds that the defense of qualified immunity does not apply to defendant Vazquez.

Bah v. City of N.Y.

319 F. Supp. 3d 698 · District Court, S.D. Illinois · May 21, 2018

Nevertheless, he is entitled to qualified immunity if his conduct did not violate clearly established law. … On qualified immunity, the officer's actions are assessed in view of the clearly established law at the time the officer acted. Pearson v. Callahan, 555 U.S. 223 , 244, 129 S.Ct. 808 , 172 L.Ed.2d 565 (2009).

Larry Hope v. Mark Pelzer, Gene McClaran

240 F.3d 975 · Court of Appeals for the Eleventh Circuit · Feb 14, 2001

’s qualified immunity analysis. … Public officials are entitled to qualified immunity from monetary damages if “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”

Eidson v. Owens

515 F.3d 1139 · Court of Appeals for the Tenth Circuit · Feb 13, 2008

Qualified Immunity “The doctrine of qualified immunity shields government officials performing discretionary functions from liability for damages insofar as their conduct does not violate clearly established statutory … But if a violation can be shown, we must then consider whether the right was clearly established. Id. A.

Sadallah v. City Of Utica

383 F.3d 34 · Court of Appeals for the Second Circuit · Sep 3, 2004

defendant's action was objective[ly] legal [ly] reasonable[ ] ... in light of the legal rules that were clearly established at the time it was taken. 10 X-Men Sec., Inc. v. … Accordingly, Hanna is entitled to qualified immunity. C.

Dunklin v. Lowndes County

894 F. Supp. 1527 · District Court, M.D. Alabama · Jun 30, 1995

“clearly established”). … In plain terms, Hulett is entitled to qualified immunity if the Plaintiffs fail to produce sufficient evidence that, when viewed in the light most favorable to them, Hulett violated their clearly established Fourteenth Amendment

Tanner v. San Juan County Sheriff's Office

864 F. Supp. 2d 1090 · District Court, D. New Mexico · Mar 21, 2012

Clearly Established Rights in the Qualified Immunity Analysis. … Qualified immunity shifts the burden to the plaintiff to establish that the officer violated clearly established law.

Munger v. City of Glasgow Police Department

227 F.3d 1082 · Court of Appeals for the Ninth Circuit · Sep 6, 2000

Qualified immunity “ ‘shield[s] [government agents] 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 … To evaluate a qualified immunity claim, we first ask whether the law governing the official’s conduct was clearly established; if so, we ask whether under that law, and under the circumstances at issue, a reasonable officer

Holloway v. Lamar County

180 F. Supp. 3d 467 · District Court, S.D. Mississippi · Apr 8, 2016

“The doctrine of 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 … Therefore, because a reasonable officer would have known that tasing Plaintiff was objectively unreasonable under clearly established law, the Court does not find that Defendants are entitled to qualified immunity and will

CLIFT BY CLIFT v. Fincannon

657 F. Supp. 1535 · District Court, E.D. Texas · Apr 13, 1987

The resolution, then, of the qualified immunity defenses raised by these individually named Defendants turns initially on whether the law was clearly established at the time the action in question occurred. 13 *1545 Thus, … There being no clearly established federal right to habilitation in the least restrictive alternative setting, the individual Defendants’ claims of qualified immunity must prevail in that regard.