Case law

Romero v. City of Clanton

220 F. Supp. 2d 1313 · District Court, M.D. Alabama · Sep 11, 2002

When qualified immunity is asserted as a defense, a court must first determine whether the violation of a constitutional right is asserted, then determine whether that right was clearly established. See Wilson v. … is clearly established.

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

Hudson v. Hudson

475 F.3d 741 · Court of Appeals for the Sixth Circuit · Jan 26, 2007

Page 3 liability “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … Katz, 533 U.S. 194, 200 (2001), to decide first whether the defendant’s conduct violated a federal right held by the plaintiff, id., and second whether that right was clearly established at the time of the violation.

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. ______

Rodriguez v. WOLBACH

499 F. Supp. 2d 479 · District Court, S.D. New York · Jun 27, 2007

However, if a constitutional violation is *488 proven, “the next ... step is to ask whether the right was clearly established.” 92 Qualified immunity applies unless the official’s conduct violated a clearly established constitutional … his conduct was unlawful.’ ” 115 If an official’s conduct did not violate clearly established law, that official is entitled to qualified immunity.

Spruytte v. Hoffner

197 F. Supp. 2d 931 · District Court, W.D. Michigan · Mar 30, 2001

The Sixth Circuit determined that the defendants were entitled to qualified immunity because the law concerning a prisoner’s retaliation claim was not “clearly established” for purposes of the qualified immunity defense prior … because the law was not clearly established.

Carswell v. Borough Of Homestead

381 F.3d 235 · Court of Appeals for the Third Circuit · Aug 20, 2004

constitutional sense and the ruling on qualified immunity. … Saucier emphasized that the inquiry for qualified immunity eligibility is distinct from establishment of a constitutional violation of excessive force.

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.

Goldwire v. City of Philadelphia

130 F. Supp. 3d 936 · District Court, E.D. Pennsylvania · Sep 11, 2015

An officer asserting an' entitlement to qualified immunity must claim that his conduct did not violate a clearly established constitutional right of which a reasonable officer would have known. Behrens v. … violated a constitutional right, and (2) whether the right was clearly established.

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.

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.

Shoup v. Doyle

974 F. Supp. 2d 1058 · District Court, S.D. Ohio · Sep 24, 2013

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 … Forsyth, 472 U.S. 511, 526 , 105 S.Ct. 2806 , 86 L.Ed.2d 411 (1985) and stating that “once the [defendants] raise qualified immunity, Jackson must plead the violation of a clearly established constitutional right”)).

Walter v. Pike County, Pennsylvania

465 F. Supp. 2d 409 · District Court, M.D. Pennsylvania · Nov 29, 2006

If the law was clearly established, the qualified immunity defense ordinarily should fail, since a reasonably competent public official should know the law governing his conduct. … See, e.g., Smith, 318 F.3d at 510 (finding that the state-created danger doctrine was clearly established by the year 1999).

Preschooler II v. Clark County School Bd. of Trustees

479 F.3d 1175 · Court of Appeals for the Ninth Circuit · Mar 21, 2007

of clearly established law. … Government officials do not enjoy qualified immunity from civil damages if their conduct violates "clearly established constitutional or statutory rights of which a reasonable person would have known." Harlow v.

Matter of Public Law No. 154-1990

561 N.E.2d 791 · Indiana Supreme Court · Nov 2, 1990

The immunity provisions of the Attorney Trust Account Act clearly and literally attempt to exercise by limitation the attorney disciplinary function of the judicial department. … Apart from the attorney discipline immunity provisions, the Attorney Trust Account Act establishes a fund to receive proceeds from interest generated from attorney trust accounts and a board to establish procedures and oversee

Tanner v. San Juan County Sheriff's Office

864 F. Supp. 2d 1090 · District Court, D. New Mexico · Mar 21, 2012

Clearly Established Rights in the Qualified Immunity Analysis. … Qualified immunity shifts the burden to the plaintiff to establish that the officer violated clearly established law.

Jackson v. City Of Bremerton

268 F.3d 646 · Court of Appeals for the Ninth Circuit · Oct 5, 2001

The defense of qualified immunity, however, protects &#167 1983 defendants from liability for civil damages when performing discretionary functions, unless such conduct violates a clearly established constitutional or statutory … Creighton, 483 U.S. 635, 640 (1987). 12 In considering the merits of a qualified immunity defense in excessive force cases, courts previously considered whether the right was clearly established and, if so, whether, in light

Dobson v. Harris

352 N.C. 77 · Supreme Court of North Carolina · Jun 16, 2000

App. 660 , 233 S.E.2d 624 (1977) (summary judgment appropriately entered against the plaintiff where the defendant supported motion by establishing affirmative defense of qualified privilege, and the plaintiff, who thereafter … In her answer defendant Harris asserted the affirmative defense of “qualified immunity,” or, more precisely, a statutory, good-faith immunity based upon her compliance with N.C.G.S. §§ 7A-543 and -550.

Bah v. City of N.Y.

319 F. Supp. 3d 698 · District Court, S.D. Illinois · May 21, 2018

Nevertheless, he is entitled to qualified immunity if his conduct did not violate clearly established law. … On qualified immunity, the officer's actions are assessed in view of the clearly established law at the time the officer acted. Pearson v. Callahan, 555 U.S. 223 , 244, 129 S.Ct. 808 , 172 L.Ed.2d 565 (2009).

Nesmith Through Nesmith v. Grimsley

702 F. Supp. 122 · District Court, D. South Carolina · Dec 7, 1988

Plaintiff objects to the finding of qualified immunity. … The United States Supreme Court established the test for qualified immunity in Harlow, 457 U.S. at 818 , 102 S.Ct. at 2738 .