Case law

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 .

Elizabeth Fujiwara v. Charles G. Clark, Etc.

703 F.2d 357 · Court of Appeals for the Ninth Circuit · Apr 1, 1983

Strickland rule, the immunity defense would be unavailing to petitioners if the constitutional right allegedly infringed by them was clearly established at the time of their challenged conduct, if they knew or should have … If the law was clearly established, the immunity defense ordinarily should fail, since a reasonably competent public official should know the law governing his conduct.

Cavanagh v. Taranto

95 F. Supp. 3d 220 · District Court, D. Massachusetts · Mar 31, 2015

What an Objectively Reasonable Official Would Believe Under the Circumstances Although the right Cavanagh alleges is clearly established, to avoid qualified immunity the bounds and contours of a violation of that right must … suicide — “violated clearly established law.”

Kevin Lipman v. Armond Budish

974 F.3d 726 · Court of Appeals for the Sixth Circuit · Sep 4, 2020

Even had Defendants adequately argued the qualified immunity point, the right that they infringed upon was clearly established at the time of their actions in this case. … And in Nelson, this Court directly addressed qualified immunity with respect to state-created danger, rejecting the officer’s claim to qualified immunity because Kallstrom clearly established that the state may not affirmatively

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

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.

Greiner v. City of Champlin

27 F.3d 1346 · Court of Appeals for the Eighth Circuit · Jul 5, 1994

The district court held the federal claims were barred by qualified immunity and the state claims by official immunity. … An official loses immunity if, first, the law he violated was clearly established at the time of the violation, and second, the applicability of the law to his particular action was evident. Id.

Malsh v. Austin

901 F. Supp. 757 · District Court, S.D. New York · Oct 20, 1995

Even where the plaintiffs federal rights and the scope of the official’s permissible conduct are clearly established, the qualified immunity defense protects a government actor if it was “objectively reasonable” for him to … For the plaintiff to overcome the qualified immunity defense, he must demonstrate that he possessed a clearly established constitutional right.

D. Scott Forrester, Conservator of the Estate of Jerry Bass Jerry Bass v. Mary Bass Tony Dixon, Kimberly Rosa Melissa Johnson

397 F.3d 1047 · Court of Appeals for the Eighth Circuit · Feb 7, 2005

Johnson and Rosa moved for summary judgment, arguing they are entitled to qualified immunity *1052 because Forrester cannot prove any violation of clearly established constitutional rights. … , For-rester has failed to allege a violation of a clearly established due process right, and Rosa and Johnson are entitled to qualified immunity.

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.

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.

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.

A.D. v. Markgraf

636 F.3d 555 · Court of Appeals for the Ninth Circuit · Apr 6, 2011

Markgraf moved for summary judgment on qualified immunity. … [1] To determine whether an officer such as Markgraf is entitled to qualified immunity, we inquire whether a constitu- tional right would have been violated on the facts alleged and whether the right was clearly established

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

Nguyen v. Grain Valley R-5 School District

353 S.W.3d 725 · Missouri Court of Appeals · Dec 13, 2011

Where an affirmative defense is asserted in a motion to dismiss, a trial court may dismiss the petition only if the petition clearly establishes “on its face and without exception” that the defense applies and the claim is … But a “departmentally-mandated duty” may clearly arise from sources other than statutes or regulations.

DeBellis v. Kulp

166 F. Supp. 2d 255 · District Court, E.D. Pennsylvania · Sep 10, 2001

Qualified immunity shields state officials performing discretionary functions from suit for damages if “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would … The next inquiry in the qualified immunity analysis is whether the right allegedly infringed was clearly established at the time of the encounter.

Evans v. City of San Diego

913 F. Supp. 2d 986 · District Court, S.D. California · Dec 19, 2012

“Government officials performing discretionary functions are entitled to qualified immunity from damages if their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … For example, “qualified immunity is available if a reasonable police officer could have believed that his ... conduct was lawful, in light of the clearly established law- and the information” possessed by the officer at the

Delgado v. City of New York

86 A.D.3d 502 · Appellate Division of the Supreme Court of the State of New York · Jul 28, 2011

“A government official performing a discretionary function is entitled to qualified immunity provided his or her conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … To be entitled to qualified immunity, it must be established that it was objectively reasonable for the police officer involved to believe that his or her conduct was appropriate under the circumstances, or that officers

Drake v. City of Rochester

96 Misc. 2d 86 · New York Supreme Court · Jun 5, 1978

As the United States Supreme Court noted in Imbler ( 424 US 409 ), the procedural difference between absolute and qualified immunity is an important one. … On the other hand, "The fate of an official with qualified immunity depends upon the circumstances and motivations of his actions, as established by the evidence at trials.”