Case law

Drendolyn Sims v. Mike Stanton

706 F.3d 954 · Court of Appeals for the Ninth Circuit · Dec 3, 2012

Qualified Immunity In a claim for civil damages under § 1983, to avoid the bar of qualified immunity, the plaintiff must show that the officer violated a constitutional right and that the right was “clearly established … That Welsh leaves open the possibility for a “rare” exception to this rule does not mean that the rule was not clearly established at the time and does not change our qualified immunity analysis.

Jones v. Wildgen

349 F. Supp. 2d 1358 · District Court, D. Kansas · Dec 14, 2004

To defeat qualified immunity, plaintiff must allege a clearly established right and allege that defendant violated it. The allegations, however, need not contain specific dates and times of each alleged infraction. … For purposes of qualified immunity, the next question is whether plaintiffs’ rights under the Fourth and Fourteenth Amendments were clearly established at the time of the alleged violations.

Carlin v. Manu

72 F. Supp. 2d 1177 · District Court, D. Oregon · Aug 19, 1999

established” one which would foreclose the defendants from qualified immunity. … “Qualified immunity is an affirmative defense; if the plaintiff proves that the right allegedly violated was clearly established, the burden shifts to the defendant official to prove that his or her conduct was reasonable

Perez v. United States

103 F. Supp. 3d 1180 · District Court, S.D. California · May 1, 2015

Government officials are entitled to qualified immunity unless the plaintiff can allege the violation of a “clearly established” constitutional right. Pearson v. … Defendant Fisher "moves to dismiss the SAC, but only as to the clearly-established prong of qualified immunity....” (ECF No. 65-1 at 9). .

Morgan v. Swanson

627 F.3d 170 · Court of Appeals for the Fifth Circuit · Nov 29, 2010

Qualified immunity thus shields government officials performing discretionary functions from individual liability for civil damages but only “insofar as their conduct does not violate clearly established rights of which a … Appellees’ have alleged a violation of clearly established law; therefore, Appellants are not entitled to qualified immunity.

Greene v. Barrett

174 F.3d 1136 · Court of Appeals for the Tenth Circuit · Apr 19, 1999

The qualified immunity doctrine “shields government officials performing discretionary functions from individual liability under 42 U.S.C. § 1983 unless their conduct violates ‘clearly established statutory or constitutional … clearly established at the time of the defendant’s actions.

Fore v. Circuit Court of Izard County

292 Ark. 13 · Supreme Court of Arkansas · Apr 20, 1987

undisputed and the writ is clearly warranted. … Beaumont, 291 Ark. 477 , 725 S.W.2d 839 (1987), that the defense of qualified immunity presents an exception to this rule. The present defense is based upon a claim of statutory immunity.

Lundblad v. Celeste

924 F.2d 627 · Court of Appeals for the Sixth Circuit · Jan 31, 1991

The doctrine of qualified immunity, as defined in Harlow, supra at 818 , 102 S.Ct. at 2738 , shields officials “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … Thus the law was not clearly established on the issue, and the doctrine of official immunity shields the defendants from civil damages. *629 Accordingly, the opinion of the Court in Lundblad v.

Mayronne v. Vaught

843 F. Supp. 1096 · District Court, E.D. Louisiana · Feb 23, 1994

Because it is not a clearly established constitutional right, Mr. Mayronne’s claims for malicious prosecution are barred by the theory of qualified immunity. 3. … Mayronne was not clearly established, thus barring his claim on the theory of qualified immunity. 4.

Thelma Hall v. Missouri Highway & Transportation Commission, Ron Hopkins

235 F.3d 1065 · Court of Appeals for the Eighth Circuit · Dec 21, 2000

“Qualified immunity shields government officials from suit unless their conduct violated a clearly established constitutional or statutory right of which a reasonable person would have known.” Yowell v. … In response, Hopkins maintains that he is entitled to qualified immunity because, once an employer engages the Pickering balancing test, the right cannot be clearly established.

Elec. Reliability Council of Tex., Inc. v. Panda Power Generation Infrastructure Fund, LLC

552 S.W.3d 297 · Court of Appeals of Texas · Apr 16, 2018

We quote Panda's live petition at length because it clearly identifies Panda's position. … itself enjoys"; and (4) "the policies underlying official and qualified immunity are simply irrelevant to that contention."

C.B. v. Sonora School District

691 F. Supp. 2d 1123 · District Court, E.D. California · Sep 22, 2009

Qualified Immunity. … Qualified immunity serves to shield 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 would

Melton v. City of Oklahoma City

879 F.2d 706 · Court of Appeals for the Tenth Circuit · Jun 21, 1989

We hold that in so doing, Chief Gramling violated clearly established law and cannot claim the protection of qualified immunity on retrial. 3. … established law and qualified immunity may not be available to them.

Mattos v. Agarano

590 F.3d 1082 · Court of Appeals for the Ninth Circuit · Jan 12, 2010

clearly established right. … The doctrine of qualified immunity shields the officers “from liability for civil damages [unless their conduct violated] clearly established statutory or constitutional rights of which a reasonable person would have known

Skehan v. Village Of Mamaroneck

465 F.3d 96 · Court of Appeals for the Second Circuit · Sep 26, 2006

If those facts would constitute a deprivation, the court should grant qualified immunity if (1) the legal right said to be violated was not clearly established at the time of the defendant's conduct; or (2) the defendant's … The individual defendants' qualified immunity turns on whether they violated clearly established federal law; the county commission's liability turns on the allocation of law enforcement power in Alabama. 38 Id. at 51 , 115

Williams v. City of Albany

936 F.2d 1256 · Court of Appeals for the Eleventh Circuit · Jul 30, 1991

Lack of good faith may be proved by showing that the public official’s actions violated clearly established constitutional law. Hudgins v. … Plaintiff has failed to make a showing, sufficient to overcome the claim of qualified immunity, that defendants’ actions were of the type that a reasonable police investigator would know violated the suspect’s clearly established

Charles E. Johnson v. Dan Schneiderheinz, Individually and as Sheriff of Merrick County, Nebraska, County of Merrick, Nebraska

102 F.3d 340 · Court of Appeals for the Eighth Circuit · Jan 7, 1997

The sheriff moved for summary judgment on the basis of qualified immunity. … Government officials are qualifiedly immune from liability in civil actions to the extent their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known

Robert Reeves v. Wayne County

Michigan Court of Appeals · Jun 9, 2025

and therefore entitled to only the protection of the qualified immunity.” … Second, we hold that prosecutors are entitled to absolute immunity only for judicial or quasi-judicial functions, and qualified immunity for administrative or investigative acts.

Marilyn Mick Crissy Cochran Lauren Ashley Mick, by and Through Her Father and Next Friend Ken Mick, and Ken Mick v. Major Kim T. Brewer, Roland Neil Meyers, and City of Wichita, Scott Redpath, Special Agent, Marilyn Mick Crissy Cochran Lauren Ashley Mick, by and Through Her Father and Next Friend Ken Mick, and Ken Mick v. Major Kim T. Brewer, City of Wichita, Roland Neil Meyers, and Scott Redpath, Special Agent

76 F.3d 1127 · Court of Appeals for the Tenth Circuit · Feb 20, 1996

If the district court denies the defendant qualified immunity, the court should identify on the record the defendant's conduct that violated clearly established law. Albright, 51 F.3d at 1535 . … Compare Elder, 114 S.Ct. at 1021 ("The doctrine of qualified immunity shields public officials ... from damages actions unless their conduct was unreasonable in light of clearly established law.") with Graham, 490 U.S. at

Heriberto Rodriguez v. County of Los Angeles

891 F.3d 776 · Court of Appeals for the Ninth Circuit · May 30, 2018

Qualified Immunity under Federal Law Qualified immunity under federal law protects government officials “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … “An officer is not entitled to qualified immunity on the grounds that the law is not clearly established every time a novel method is used to inflict injury.” Mendoza v. Block, 27 F.3d 1357, 1362 (9th Cir. 1994).