Case law

Cannon v. Polk County/Polk County Sheriff

68 F. Supp. 3d 1267 · District Court, D. Oregon · Dec 18, 2014

Second, the court must determine whether the right was clearly established at the time of the alleged violation. Id. … Even if the violated right was clearly established at the time of the violation, the defendant is entitled to qualified immunity if his mistake as to what the law requires is reasonable. Id. at 205, 121 S.Ct. 2151 .

Morales v. Weiss

709 F. App'x 95 · Court of Appeals for the Second Circuit · Jan 24, 2018

Defendants “are entitled to qualified immunity if they can establish either that (1) a constitutional right was not violated or (2) the right was not clearly established.” Royal Crown Day Care LLC v. … Fitzsimmons, 509 U.S. 259, 273 , 113 S.Ct. 2606 , 125 L.Ed.2d 209 (1993); and Weiss was entitled to qualified immunity for contacting ICE because that act did not violate any clearly established constitutional or statutory

El-Ghazzawy v. Berthiaume

708 F. Supp. 2d 874 · District Court, D. Minnesota · Apr 16, 2010

Berthiaume is still entitled to qualified immunity, in the face of a constitutional violation, if the constitutional right *885 at issue was not “clearly established” at the time the violation occurred. … Therefore, Berthiaume has not met her burden in establishing her right to qualified immunity and El-Ghazzawy’s Fourth-Amendment claim will stand. II.

Eldredge v. TOWN OF FALMOUTH, MA

662 F.3d 100 · Court of Appeals for the First Circuit · Nov 22, 2011

Qualified Immunity The doctrine of qualified immunity is designed to "balance[] two important interests – the need to hold public officials accountable when they exercise power irresponsibly and … Because a finding that a right was not "clearly established" under the second prong of the analysis is sufficient to warrant a grant of qualified immunity, see id. at 236-37, discussion of the first prong will in some

McKenzie v. Thompson

240 F. Supp. 3d 1304 · District Court, N.D. Georgia · Feb 22, 2017

In this case, Defendant asserts that he is entitled to qualified immunity. … Generally, government officials have qualified immunity “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would

Antoinette Wonsey v. City of Chicago

940 F.3d 394 · Court of Appeals for the Seventh Circuit · Oct 15, 2019

“Qualified immunity attaches when an official’s con- duct does not violate clearly established statutory or constitu- tional rights of which a reasonable person would have known.” Id. (citations omitted). … Wonsey offers no contrary argument, and she does not point to any violation of statutory or constitu- tional rights, much less clearly established ones. So qualified immunity cloaks defendants’ actions on June 9.

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.

Medina v. City & County Denver

960 F.2d 1493 · Court of Appeals for the Tenth Circuit · Mar 31, 1992

We affirm summary judgment for the police officers based on qualified immunity. … established” when assessing claims of qualified immunity.

United States v. Jacob De La Fuente

353 F.3d 766 · Court of Appeals for the Ninth Circuit · Dec 29, 2003

LAHD’s tests established that the white powder in De La Fuente’s letters was not anthrax. … establish that the defendant’s actual offense qualifies as a crime of violence.

Nigro v. Carrasquillo

152 F. Supp. 3d 1364 · District Court, S.D. Florida · Dec 17, 2015

Accordingly, Officer Carrasquillo is entitled to qualified immunity. … Qualified immunity protects government officials so long as “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Wood v.

Michael Hogan v. James Carter

85 F.3d 1113 · Court of Appeals for the Fourth Circuit · Jun 4, 1996

It is well established that government officials are protected by the doctrine of qualified immunity not only from damage liability but from suit, “insofar as their conduct does not violate clearly established statutory or … to qualified immunity.

Burge v. Ferguson

619 F. Supp. 2d 1225 · District Court, M.D. Florida · Dec 16, 2008

established Fourth Amendment right. 12 Accordingly, qualified immunity is unavailable at this stage. … But see Thomas, 463 F.3d at 293-94 (concluding that “a plaintiff has no obligation to plead a violation of clearly established law in order to avoid dismissal on qualified immunity grounds.”). 8 ."

Peterson v. Foley

559 S.W.3d 346 · Missouri Court of Appeals · Nov 1, 2018

Qualified Immunity For purposes of determining qualified immunity for government officials, the duties of those officials are categorized as either ministerial or discretionary. … Although the arguments advanced by the parties on appeal primarily concern the issue of qualified immunity, it is well-established that this Court may affirm the trial court for any reason in the record. E.g., Ky.

Ballentine v. Broxton

Court of Appeals for the Fifth Circuit · Sep 16, 2025

To overcome qualified immunity, Ballentine must show (1) “that he adequately alleged that his rights were violated,” and (2) “that, at the time his rights were violated, legal precedent clearly established the officials’ … Again, however, the second step of qualified immunity—whether “legal precedent clearly established the officials’ actions as unlawful”—bars Ballentine from recovering damages.3 Stevenson, 113 F.4th at 501. ______

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.

Parker v. Lane

688 F. Supp. 353 · District Court, N.D. Illinois · May 19, 1988

Qualified Immunity Defendants’ final contention is that they are immune from suit because their conduct did not violate any “clearly established statutory or constitutional rights of which a reasonable person would have known … Forsyth, 472 U.S. 511, 526 , 105 S.Ct. 2806, 2815-16 , 86 L.Ed.2d 411 (1985) makes clear, qualified immunity encompasses not only immunity from liability but immunity from suit.

Glen Delaney v. George Detella, Glenn Malone, Christopher Hughes, Eugene McAdory Clarence Wright, Donald Burns, and David Walker

256 F.3d 679 · Court of Appeals for the Seventh Circuit · Jul 9, 2001

Having found that Delaney has alleged a constitutional violation, we consider whether the right he asserts was clearly established prior to the spring of 1996. “ ‘[C]learly established’ for purposes of qualified immunity … On this record, Judge Coar was right to deny the qualified immunity plea of all defendants.

West v. City of Parsons

983 F. Supp. 1027 · District Court, D. Kansas · Oct 31, 1997

Qualified Immunity Defendants Dunning, Gofourth, Rask, and Steenrod all claim qualified immunity as to plaintiffs Fourth Amendment claims resulting from the search of his apartment. … Further, Gofourth and Steenrod claim qualified immunity as to plaintiffs excessive force claims.

McClary v. Coughlin

87 F. Supp. 2d 205 · District Court, W.D. New York · Mar 14, 2000

Qualified Immunity: The defense of qualified immunity “shields government officials from liability for damages on account of their performance of discretionary functions ‘insofar as their conduct does not violate clearly … This Court does not believe the law of qualified immunity requires the wearing of such blinders. Precise “definitional specificity” has never been the determinant for “clearly established” legal rules.

Lal v. California

746 F.3d 1112 · Court of Appeals for the Ninth Circuit · Mar 31, 2014

does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’ ” Id. at 440 (quoting Pearson v. … In determining whether an officer is entitled to qualified immunity, we consider (1) whether there has been a violation of a constitutional right; and (2) whether that right was clearly established at the time of the officer