Case law

Kevin McCourt v. Miguel Angel Delgado

West Virginia Supreme Court · Mar 25, 2019

Under this standard, the petitioner officers contend they are entitled summary judgment based on qualified immunity because they did not violate any clearly established constitutional rights. … Under a qualified immunity analysis, we must determine whether the petitioner officers’ alleged conduct violated a clearly established constitutional right.

Reese v. York

571 F. Supp. 1046 · District Court, N.D. Texas · Sep 22, 1983

The objective component is concerned with whether or not the officer knew or should *1049 have known that his actions violated clearly established law at the time. … To deny him qualified immunity protection unless he goes further and demonstrates that his actions were above the benchmark of legal good faith, would make the concept of qualified immunity a meaningless embelishment.”

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.

Haavisto v. Perpich

520 N.W.2d 727 · Supreme Court of Minnesota · Aug 19, 1994

An official will not be personally liable under § 1983 if the official conduct “does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … Amendment to be free from cruel and unusual punishment and that the constitutional right violated was a clearly established constitutional right in 1982 of which a reasonable prison administrator would have known.

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.

Austin v. Hamilton

945 F.2d 1155 · Court of Appeals for the Tenth Circuit · Sep 24, 1991

Qualified Immunity In assessing a defense of qualified immunity, the court must determine *1161 the objective reasonableness of the challenged conduct by reference to the law clearly established at the time of the alleged … That standard was clearly established at the time the challenged incident took place.” Dixon v. Richer, 922 F.2d 1456, 1461-62 (10th Cir.1991).

Durruthy v. City of Miami

235 F. Supp. 2d 1291 · District Court, S.D. Florida · Dec 13, 2002

The defense of qualified immunity shields a government official from § 1983 liability for harms arising from the offi- *1296 dal’s discretionary acts, so long as the discretionary acts do not violate clearly established federal … Once the defendant establishes that he was acting within his discretion, the burden shifts to the plaintiff to show, that qualified immunity should not be applied. Id.

Anthony Coons, Sr. v. Steven F. Casabella

284 F.3d 437 · Court of Appeals for the Second Circuit · Mar 25, 2002

Qualified Immunity We review de novo the district court’s denial of summary judgment on the ground of qualified immunity. Cerrone v. Brown, 246 F.3d 194, 198 (2d Cir.2001). … A police officer is entitled to qualified immunity in making arrests where “(1) his conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known, or (2) it

Rita Johnson v. City of Saginaw

980 F.3d 497 · Court of Appeals for the Sixth Circuit · Nov 13, 2020

Analysis Cabello and Stemple appeal the denial of qualified immunity.3 “This court reviews a district court’s denial of summary judgment based on qualified-immunity grounds de novo.” Quigley, 707 F.3d at 679. … “An assertion of qualified immunity may be overcome if the defendants violated a clearly established constitutional right.” United Pet Supply, Inc. v. City of Chattanooga, 768 F.3d 464, 484-85 (6th Cir. 2014).

Henry Greer, Administrator of the Estate of Mora Patricia Greer v. Stanley D. Shoop Ronald Dohrman Thomas L. Frisch

141 F.3d 824 · Court of Appeals for the Eighth Circuit · Apr 2, 1998

Therefore, we hold that the contours of the state-created danger theory, as applied to the unique facts of this case, were not defined clearly enough in 1991 to remove the defendants’ qualified immunity protection. 3 Greer … According to Greer, because the defendants would be indemnified, there is no reason to provide them with qualified immunity.

Alfred Garionis, Appellant/cross-Appellee v. Harriet Newton and Keith Barr, Appellees/cross-Appellants

827 F.2d 306 · Court of Appeals for the Eighth Circuit · Aug 21, 1987

Newton and Barr are entitled to qualified immunity unless their actions violated clearly established law. Mitchell v. Forsyth, 472 U.S. 511, 530 , 105 S.Ct. 2806, 2818 , 86 L.Ed.2d 411 (1985); Harlow v. … It follows a fortiori that neither the *309 arrest nor the subsequent transfer of custody to Barr violated clearly established law.

Citrano v. Allen Correctional Center

891 F. Supp. 312 · District Court, W.D. Louisiana · Jun 14, 1995

Nor does it follow that the Court intended to establish a bright line rule that private parties can never be shielded by qualified immunity. … This immunity is only defeated if the official took the complained of action “with the mahcious intention to cause a deprivation of rights,” or the official violated clearly established statutory or constitutional rights

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.

Winig, J., Aplt. v. Office of DA of Phila.

Supreme Court of Pennsylvania · Nov 19, 2025

under the common law” and “held that immunity was not absolute but qualified and its availability depended on the circumstances of each case.” … To 5 No one disputes that Section 5725(b) clearly and unambiguously waives sovereign immunity.

Reiner v. Dandurand

33 F. Supp. 3d 1018 · District Court, N.D. Indiana · Jul 16, 2014

“[G]overnmental actors performing discretionary functions enjoy qualified immunity and are ‘shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … James did not do so; thus, the Officers’ decision to pull James over for a traffic violation is also not a violation of a clearly established constitutional right. 3 Defendants are therefore entitled to qualified immunity

Dorris v. City of McKinney

214 F. Supp. 3d 552 · District Court, E.D. Texas · Oct 4, 2016

“A plaintiff seeking to defeat qualified immunity must show that (1) the official violated a statutory or constitutional right and (2) the right was clearly established at the time of the challenged conduct.” … “The law is clearly established that a public employee may be neither discharged nor demoted in retaliation for exercising his First Amendment Rights.” Cox, 577 Fed.Appx. at 313 .

State v. McInnes

2026 Ohio 734 · Ohio Court of Appeals · Mar 5, 2026

“The doctrine of qualified immunity generally shields public officials performing discretionary functions from liability for civil damages to the extent that their conduct does not violate clearly established statutory … to qualified immunity.

Harris v. Mississippi Valley State University

899 F. Supp. 1561 · District Court, N.D. Mississippi · Sep 22, 1995

In examining the individual Defendants’ claims of qualified immunity on summary judgment, the Court in this case must: first inquire whether [Plaintiff] has alleged the violation of a clearly established constitutional right … has not demonstrated that such a constitutional right was “clearly established” for the purpose of refuting Defendants’ qualified immunity defense. 20 When the affirmative defense of qualified immunity is raised, the Plaintiff

Carrubba v. Moskowitz

274 Conn. 533 · Supreme Court of Connecticut · Jul 26, 2005

Because any immunity accorded to attorneys appointed pursuant to § 46b-54 would be derived from *540 judicial immunity, we first examine the policy reasons underlying judicial immunity. 6 It is well established that “a judge … Absolute immunity would not be available, however, when persons who would normally be accorded immunity “perform acts which are clearly outside the scope of their jurisdiction.” Cok v.

Dean v. Thomas

933 F. Supp. 600 · District Court, S.D. Mississippi · Jul 1, 1996

However, this “qualified immunity” is defeated if the defendant official took the complained-of action “with the malicious intention to cause a deprivation of rights,” or the official violated clearly established statutory … Officials are not ordinarily entitled to the protection of qualified immunity if clearly established constitutional rights have been violated.