Case law

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.

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.

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.

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”

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.

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.

Mark v. Shoen Edward J. Shoen v. Leonard Samuel Shoen Christina G. Shoen, Ronald J. Watkins, Witness-Appellant

48 F.3d 412 · Court of Appeals for the Ninth Circuit · Feb 15, 1995

Hayes, 408 U.S. 665 , 92 S.Ct. 2646 , 33 L.Ed.2d 626 (1972), as establishing a qualified privilege for journalists against compelled disclosure of information gathered in the course of their work. … As a result, Leonard Shoen’s September 1991 statements, if any, regarding his attitude toward plaintiffs are not clearly relevant to an important issue in this litigation. 1 Although plaintiffs’ failure to establish clear

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.

Barnette v. Folmar

64 F.3d 598 · Court of Appeals for the Eleventh Circuit · Sep 15, 1995

The district court denied summary judgment based on qualified immunity to all defendants on plaintiffs' constructive discharge claim and granted summary judgment based on qualified immunity to all the … No case binding in this circuit clearly established as a legal matter that plaintiffs' resignations were, in these circumstances, discharges.

Doe v. University of Cincinnati

173 F. Supp. 3d 586 · District Court, S.D. Ohio · Mar 23, 2016

A public official is entitled to qualified immunity and thus shielded from suit under § 1983, for his . actions if his conduct.does not violate a clearly established statutory or constitutional right of which a reasonable … When a defendant raises qualified immunity as a defense, as the Defendants have doné' in this case, the plaintiff bears the burden of demonstrating that the defendant is not entitled to qualified immunity, Everson v.

Boris Mudd v. Jason Johnson (mem. dec.)

Indiana Court of Appeals · Apr 14, 2015

[19] Mudd’s claim against Johnson is best resolved through the doctrine of qualified immunity. … We cannot conclude that the specific alleged rights at issue were clearly established at the time of Johnson’s alleged misconduct, and as a result Johnson is entitled to qualified immunity from Mudd’s Section

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

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.

Tribble v. Gardner

860 F.2d 321 · Court of Appeals for the Ninth Circuit · Oct 25, 1988

The defendants in that case moved for summary judgment on the basis of qualified immunity. … established rights. 9 Therefore, we hold that, viewing the facts in the light most favorable to the plaintiff, the district court was correct in denying defendants’ motion for summary judgment on the basis of 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

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

Molano v. Bezio

42 F. Supp. 3d 465 · District Court, W.D. New York · Apr 13, 2012

established” for purposes of qualified immunity. … established’ for the purpose of future qualified immunity cases involving similar fact patterns.”

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.

Moore v. City of Wynnewood

57 F.3d 924 · Court of Appeals for the Tenth Circuit · Jun 13, 1995

were not clearly established. … First Amendment rights were clearly established, and Sanders, therefore, would be entitled to the defense of qualified immunity.

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.