Case law

Jack Frantz v. Village of Bradford, Shane Duffey

245 F.3d 869 · Court of Appeals for the Sixth Circuit · Apr 18, 2001

For the reasons set. forth below, we deny Duffey’s request for qualified immunity. … clearly established” and reasoned that “[t]he right must be asserted according to the Fourth Amendment because the Supreme Court, in Albright v.

Hodgson v. Mississippi Department of Corrections

963 F. Supp. 776 · District Court, E.D. Wisconsin · Apr 30, 1997

The Defendants, however, insist that this claim be dismissed on the ground that they are entitled to qualified immunity from suit. 13 Government officials may raise qualified immunity as an affirmative defense to actions … Once a defendant has raised a qualified immunity defense, the plaintiff bears the burden of demonstrating the violation of a clearly established right. See Kernats, 35 F.3d at 1176 (citing Rakovich, 850 F.2d at 1209 ).

Glenda Smith v. City of Wyoming

821 F.3d 697 · Court of Appeals for the Sixth Circuit · Apr 15, 2016

It is sufficient to hold that, even viewing the facts in the light most favorable to Smith, Officer Riggs did not violate clearly established law, and he therefore was protected by qualified immunity. … Turning to the clearly established law question, we must first ask whether the Ohio law defining obstruction of official business is clearly established. We conclude that it is.

Mangino v. Incorporated Village of Patchogue

808 F.3d 951 · Court of Appeals for the Second Circuit · Dec 22, 2015

‐ immunity  grounds  because,  at  the  time  of  the  alleged  conduct,  although there was a clearly established right to be free from abuse  of  process  under  New  York  law,  there  was  no  clearly  established  right … We  need  not,  and  do  not,  resolve  this  confusion  here,  as  its  very  existence  establishes  that  Nudo  is  entitled  to  qualified  immunity.8  “[T]he  qualified  immunity  defense . . . provides  ample  protection

Johnson v. Clifton

74 F.3d 1087 · Court of Appeals for the Eleventh Circuit · Jan 26, 1996

A public official may immediately appeal a denial of qualified immunity where the disputed issue involves whether or not the defendant's conduct constitutes a violation of clearly established law. … clearly established law.

Teresa Graham v. Shannon Barnette

970 F.3d 1075 · Court of Appeals for the Eighth Circuit · Aug 17, 2020

The officers respond that probable cause is not the correct standard and that, even if it was, the standard was not clearly established, meaning they are entitled to qualified immunity. … immunity because the right at issue was not clearly established.

Smith v. College of the Mainland

63 F. Supp. 3d 712 · District Court, S.D. Texas · Oct 30, 2014

“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 … In other words, for purposes of qualified immunity, the illegality of First Amendment retaliation is clearly established when the officials “do not have any relevant, legitimate interests to put on their side of the Pickering

Tricoci v. Blackman

District Court, N.D. Illinois · Aug 27, 2024

A police officer is entitled to qualified immunity when performing a discretionary function that is objectively lawful in light of clearly established law and the information an officer possessed at the time. … Pauly, 580 U.S. 73, 78 (2017) ("Qualified immunity attaches when an official's conduct does not violate clearly established statutory or constitutional rights or which a reasonable person would have known.")

Ennis v. Lott

589 F. Supp. 2d 33 · District Court, District of Columbia · Dec 15, 2008

Individual Capacity With respect to the claims against him in his individual capacity, defendant Berry *36 argues that he is protected by qualified immunity “insofar as his ... conduct dues not violate clearly established … Under the doctrine of qualified immunity, “government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory

Manzer v. TOWN OF ANSON

771 F. Supp. 2d 121 · District Court, D. Maine · Mar 23, 2011

The Plaintiffs then argue that the second element of the qualified immunity test — whether their rights were clearly established — is met. Id. at 12-13. … The Barton Court, in its own qualified immunity analysis, held that in 2006 and 2007, it was clearly established that a campaign of harassment could support a First Amendment retaliation claim if the harassment would deter

Schreiner v. Hodge

504 P.3d 410 · Supreme Court of Kansas · Feb 18, 2022

But not every act involving an element of judgment will qualify for immunity. … In addition, the § 1983 plaintiff faces the towering barrier of qualified immunity.

Weicherding v. Riegel

981 F. Supp. 1143 · District Court, C.D. Illinois · Oct 30, 1997

Qualified immunity protects a state official’s discretionary actions so long as the official’s actions co not violate clearly established rights of which a reasonable person would have known. Id. … In the qualified immunity context, this Court must determine whether, at the time Plaintiff was discharged, it was clearly established that his interest outweighed the State’s interest. Gregorich, 54 F.3d at 416 .

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

Scarpa v. Ponte

638 F. Supp. 1019 · District Court, D. Massachusetts · Jul 2, 1986

Third, Scarpa claims that defendants are not entitled to qualified immunity because his rights under the First and Fourteenth Amendments were clearly established at the time he was wrongly punished. 2 A. … In King, the First Circuit Court of Appeals took into account the defendant’s violation of clearly established prison regulations in denying his qualified immunity defense.

Janet Virgili v. Michelle Gilbert, John Morrison, and Joseph Masi

272 F.3d 391 · Court of Appeals for the Sixth Circuit · Nov 30, 2001

Virgili challenges the district court’s ruling that defendants are entitled to qualified immunity because her Fourth Amendment right against a strip-search was not “clearly established” at the time of search. We AFFIRM. … The district court granted defendants’ motion for judgment on the pleadings, concluding that they were entitled to qualified immunity from suit because Virg-ili’s right against the search .was not “clearly established” at

Thompson v. Williamson County, Tenn.

965 F. Supp. 1026 · District Court, M.D. Tennessee · Apr 17, 1997

the defendant did acts that violate clearly established rights. … In other words, if genuine issues of material fact exist as to whether the defendants actually did commit acts that would violate a clearly established right, then summary judgment on qualified immunity is improper.

Eagon v. City Of Elk City

72 F.3d 1480 · Court of Appeals for the Tenth Circuit · Jan 3, 1996

relevant law was clearly established when the alleged violation occurred." … established public forum doctrine and affirm the district judge's grant of qualified immunity to the individual defendants.

Witchard v. Surampudi

District Court, District of Columbia · Mar 27, 2025

As a government official, Surampudi is, at minimum, entitled to qualified immunity. … Qualified immunity protects officials from liability “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have

O'Neil v. Texas Deparment of Criminal Justice

804 F. Supp. 2d 532 · District Court, N.D. Texas · Apr 7, 2011

A defense of qualified immunity “alters the usual summary judgment burden of proof ... … Deliberate indifference to an inmate’s serious medical needs violates a clearly established right under the Eighth Amendment. Estelle v.

Myers v. City of Hermosa Beach

299 F. App'x 744 · Court of Appeals for the Ninth Circuit · Nov 7, 2008

If we find a violation of a constitutional right, we must then ask whether that right is clearly established. Saucier, 533 U.S. at 201, 121 S.Ct. at 2156. … to qualified immunity as to Silva’s false arrest claim. 2 (3) Lewitt next argues that the district court erred when it denied qualified immunity on Silva’s excessive force claim against him.