Case law

Mearday v. City of Chicago

196 F. Supp. 2d 700 · District Court, N.D. Illinois · Mar 28, 2002

Qualified Immunity Qualified immunity shields those government officials performing discretionary functions “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … At the second step of the qualified immunity analysis, the burden of demonstrating a clearly established constitutional right lies with the plaintiff.

Mejia v. City of New York

119 F. Supp. 2d 232 · District Court, E.D. New York · Oct 5, 2000

Qualified Immunity The basic test for determining whether a public official is entitled to assert qualified immunity was established by the Supreme Court in Harlow v. … : qualified immunity shields public officials “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known

Blanca Arizmendi v. Brownsville Indep Sch Dist

919 F.3d 891 · Court of Appeals for the Fifth Circuit · Mar 26, 2019

probable cause for a different charge from that sought in the warrant, but Gabbert is entitled to qualified immunity because this was not clearly established at the time of his conduct. … But Arizmendi has not persuaded us that Gabbert’s actions were then illicit by clearly established law. Gabbert is therefore entitled to qualified immunity.

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 ).

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.

Fils v. City of Aventura

647 F.3d 1272 · Court of Appeals for the Eleventh Circuit · Jul 28, 2011

The court then revised its rulings on the Defendants’ qualified-immunity defenses. … But, where the officer’s conduct is so outrageous that it clearly goes “so far beyond” these borders, qualified immunity will not protect him *1292 even in the absence of case law. Reese v.

Sythe v. City of Eureka

78 F. Supp. 2d 1050 · District Court, N.D. California · Jan 28, 2000

QUALIFIED IMMUNITY AND FALSE ARREST Government officials performing their discretionary duties are entitled to qualified immunity unless their conduct violates “clearly established statutory or constitutional rights of which … ANALYSIS For this Court to find qualified immunity for the individual officers in the case at bar, it must reach two conclusions: First, that the law governing the officers’ conduct was clearly established; and second, under

Patricia McCardle Plaintiff-Appellant-Cross-Appellee v. Jonathan Haddad, Defendant-Appellee-Cross-Appellant

131 F.3d 43 · Court of Appeals for the Second Circuit · Nov 21, 1997

Qualified Immunity Haddad’s “alternative! … Qualified immunity, which shields government officials performing discretionary functions “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights

David Evans v. Patrick Baker

703 F.3d 636 · Court of Appeals for the Fourth Circuit · Dec 17, 2012

Qualified immunity protects government officials from suit for damages when their conduct does not violate a “clearly established” constitutional right. See Harlow v. … To escape dismissal of a complaint on qualified immunity grounds, a plaintiff must (1) allege a violation of a right (2) that is clearly established at the time of the violation. See Pearson v.

Bird v. State Through Corbin

170 Ariz. 20 · Court of Appeals of Arizona · Nov 21, 1991

and (2) qualified immunity, which is available for nondiscretionary acts. … The licensing and regulation of any profession or occupation falls within the grant of absolute immunity, not qualified immunity.

Cofield v. Randolph County Commission

844 F. Supp. 1499 · District Court, M.D. Alabama · Jan 31, 1994

A state actor is entitled to qualified immunity from civil damages as long as the official could reasonably believe that his or her conduct did not violate a clearly established constitutional right. Harlow v. … Because qualified immunity is rarely established upon a motion to dismiss and because insufficient information is contained in the complaint to establish the affirmative defense of qualified immunity, the court finds that

Britt v. Garcia

457 F.3d 264 · Court of Appeals for the Second Circuit · Jul 25, 2006

Qualified Immunity Doctrine “The doctrine of qualified immunity offers protection for ‘government officials performing discretionary functions from liability for civil damages insofar as their conduct does not violate clearly … subjected to such conduct was not clearly established at the time of the conduct, or that the appellants’ actions were objectively legally reasonable in light of the legal rules that were clearly established at the time

Moon v. Rockdale County

188 F. Supp. 3d 1369 · District Court, N.D. Georgia · May 27, 2016

Next, a plaintiff seeking to overcome a defendant’s qualified immunity privilege must show that (1) the state actor violated plaintiffs constitutional or statutory rights, and (2) those rights were clearly established at … Thus, there remain material questions of fact regarding whether Smith violated Moon’s clearly established constitutional rights.

Click v. Copeland

970 F.2d 106 · Court of Appeals for the Fifth Circuit · Aug 27, 1992

In the first part of Matherne, the court concluded that the defendant was entitled to qualified immunity in his individual capacity because the law was not clearly established in July 1983 that a sheriff could not retaliate … The crucial difference was the analytical framework established by McBee. Id. at 759, 760. The law of McBee was clearly established in January 1988.

Megatel Homes LLC v. City of Mansfield, Texas

District Court, N.D. Texas · Aug 6, 2025

The City’s assertion that the Sherman Act claims should be dismissed because it is entitled to state-action immunity is more than an affirmative defense. Like qualified immunity, where it’s available, see Stramaski v. … And, like qualified immunity, Parker immunity is not jurisdictional. See, e.g., Teladoc v. Tex. Med. Bd., 1-15-CV-343 RP, 2015 WL 8773509, at *6 (W.D. Tex.

Duran v. City of Douglas

904 F.2d 1372 · Court of Appeals for the Ninth Circuit · Jun 4, 1990

However, the Supreme Court has established a limited exception to this rule: “[A] district court’s denial of a claim of qualified immunity, to the extent that it turns on an issue of law, is an appealable ‘final decision’ … The legal issues involved in that appeal — whether Aguilar violated clearly established constitutional protections — are identical to those governing the question of Aguilar’s qualified immunity.

Carmack v. Trombley

363 F. Supp. 2d 904 · District Court, E.D. Michigan · Mar 31, 2005

Fitzgerald, the Supreme Court held that “government officials performing discretionary functions” are entitled to a qualified immunity from “liability for civil damages insofar as their conduct does not violate clearly established … to qualified immunity.

Kollaritsch v. Mich. State Univ. Bd. of Trs.

298 F. Supp. 3d 1089 · District Court, W.D. Michigan · Nov 2, 2017

Defendant Maybank is not entitled to qualified immunity for the Equal Protection claim brought by Gross. Plaintiffs have established that the relevant rights were clearly established by 2012. … Because the law was clearly established at the time, Defendant Maybank's request for qualified immunity for the Equal Protection claim is denied.

Kulwicki v. Dawson

969 F.2d 1454 · Court of Appeals for the Third Circuit · Jul 2, 1992

As to the issue of media communication, however, we find that Loutzenhiser is entitled to qualified immunity because Kulwicki fails to allege a violation of clearly established federal law. … issue as to defendant’s commission of acts in violation of plaintiffs clearly established rights.

Larenzo Irvin v. Tyler Richardson

20 F.4th 1199 · Court of Appeals for the Eighth Circuit · Dec 16, 2021

Qualified immunity shields government officials from civil damage liability for a discretionary act that “does not violate clearly established statutory or constitutional -4- rights … : whether the rights at issue were clearly established.