Case law

Foley v. Town of Lee

871 F. Supp. 2d 39 · District Court, D. New Hampshire · May 9, 2012

“The defendants are entitled to qualified immunity unless (1) the facts alleged or shown by the plaintiff make out a violation of a constitutional right and (2) such right was clearly established at the time of the defendants … “A right is clearly established only if it would be clear to a reasonable officer that his conduct was unlawful in the situation he confronted.” Id.

Larsen v. State Employees' Retirement System

553 F. Supp. 2d 403 · District Court, M.D. Pennsylvania · May 15, 2008

“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.” Burella v. … “If no constitutional right would have been violated were the allegations established, there is no necessity for further inquiries concerning qualified immunity.

White v. Martin

26 F. Supp. 2d 385 · District Court, D. Connecticut · Oct 19, 1998

In a section 1983 action, qualified immunity shields an official sued in his individual capacity “from liability for civil damages insofar as [his] conduct does not violate clearly established statutory or constitutional … Forsyth, 472 U.S. 511, 526 , 105 S.Ct. 2806 , 86 L.Ed.2d 411 (1985), the Supreme Court held that “[ujnless plaintiffs allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity

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....

Mills v. Denny

245 Iowa 584 · Supreme Court of Iowa · Mar 9, 1954

Of .this nature are proceedings in legislative assemblies, and generally in judicial tribunals.” *592 The court here clearly had reference to the state legislative assembly. Also see Mayo v. … However, most of the courts have rejected such extension of absolute immunity and permitted such bodies only a conditional or qualified privilege. Bradley v. Heath, 12 Pick. (Mass.) 163, 22 Am. Dec. 418 ; Smith v.

Johnnie Savory v. Allen Andrews

Court of Appeals for the Seventh Circuit · Aug 14, 2026

The officers in this case are entitled to qualified immunity only if their interrogation techniques did not violate Savory’s clearly established right to due process. Rivas-Villegas v. … Regardless, focusing on this difference is too myopic an approach given that Savory need only present similar—not identical—cases to satisfy qualified immunity’s “clearly established” requirement.

Kevin Lamar Adams Bobbie Adams v. City of Auburn Hills, a Municipal Corporation, John Backstrom

336 F.3d 515 · Court of Appeals for the Sixth Circuit · Jul 21, 2003

Qualified Immunity As the Supreme Court explained in Harlow v. … Whether a defendant is entitled to qualified immunity depends on: “(1) whether the facts taken in the light most favorable to plaintiff could establish a constitutional violation; (2) whether the right was a ‘clearly established

E-Z Mart Stores, Inc. v. Kirksey

885 F.2d 476 · Court of Appeals for the Eighth Circuit · Sep 19, 1989

The officers are entitled to qualified immunity “unless their actions violated clearly established law.” Garionis, 827 F.2d at 308 (citations omitted). … Ordinarily, a qualified immunity defense will fail if, as here, the law was clearly established at the time the action occurred, “since a reasonably competent public official should know the law governing his conduct.”

Fitzpatrick v. City of Dearborn Heights

105 F. App'x 733 · Court of Appeals for the Sixth Circuit · Jul 15, 2004

STANDARD OF REVIEW We review de novo a district court’s denial of qualified immunity. Dickerson v. McClellan, 101 F.3d 1151 , 1157 (6th Cir. 1996). DISCUSSION A qualified immunity analysis requires a two-step process. … Simakas are not entitled to qualified immunity.

Schrob v. Catterson

948 F.2d 1402 · Court of Appeals for the Third Circuit · Nov 15, 1991

any clearly established constitutional rights. … Absolute immunity defeats a suit at the outset, while an official with qualified immunity must establish that "their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person

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.”

Kovacic v. Cuyahoga County Department of Children & Family Services

809 F. Supp. 2d 754 · District Court, N.D. Ohio · Aug 25, 2011

Qualified Immunity Qualified immunity shields from liability government officials performing discretionary functions when their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … “The third inquiry impacts the analysis when despite the violation of a clearly established constitutional right, the official’s conduct was objectively reasonable, and so should still enjoy qualified immunity.” Id.

Peete v. Metropolitan Government Of Nashville And Davidson County

486 F.3d 217 · Court of Appeals for the Sixth Circuit · May 22, 2007

clearly established." … The Court held that Champion's arrest and restraint by police constituted a clearly established unreasonable seizure under the Fourth Amendment and denied the police officers' argument that they were entitled to qualified

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).

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.

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.

Schroeder v. County of Nassau

158 F. Supp. 3d 123 · District Court, E.D. New York · Jan 28, 2016

violate clearly established statutory or constitutional rights of which a reasonable person would have known.’” … “Qualified immunity is an affirmative defense that the defendants have the burden of raising in their answer and establishing at trial or on a motion for summary judgment.”

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.

Morales v. Chadbourne

996 F. Supp. 2d 19 · District Court, D. Rhode Island · Feb 12, 2014

established right in this regard, qualified immunity attaches to these defendants on the procedural due process claim. … These constitutional principles are axioms that are not questionable or in doubt; they are and have been “clearly established,” and thus the Federal Defendants are not entitled to qualified immunity.

Campbell v. District of Columbia

245 F. Supp. 3d 78 · District Court, District of Columbia · Mar 29, 2017

“Qualified immunity prevents officials who violate the law from having to defend against lawsuits for money damages unless the legal rules that were clearly established at the time the action was taken gave those officials … Accordingly, under clearly established precedent, Defendants are not entitled to summary judgment on the basis of qualified immunity because, on the undisputed facts, the officers would have had “fair warning” that they