Case law

Parks v. Warren Correctional Institution

51 F. App'x 137 · Court of Appeals for the Sixth Circuit · Nov 13, 2002

allegedly infringed was “clearly established[.]” … cannot review the issue of qualified immunity.

Edwards v. Quiros

986 F.3d 187 · Court of Appeals for the Second Circuit · Jan 27, 2021

Qualified immunity shields government officials from liability for civil damages as long as the officials’ conduct “does not violate clearly established statutory or constitutional rights of which … a reasonable person would have known.” 1 Because the district court found that prisoners do not have a clearly established right “to recreate free from restraints,” it granted qualified immunity to the defendants. 2

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

Villagrana v. Kernan

District Court, N.D. California · Jun 12, 2025

immunity grounds. … Under Ninth Circuit law, qualified immunity is not 4 available to private defendants in a section 1983 suit. Danielson v.

Mahoney v. Hankin

844 F.2d 64 · Court of Appeals for the Second Circuit · Apr 12, 1988

clearly established at the time of the conduct in issue.” … In evaluating Hankin’s qualified immunity defense to these allegations, we must assess the “objective legal reasonableness” of his actions “in light of the legal rules that were ‘clearly established’ at the time [those actions

McGovern v. City of Minneapolis

480 N.W.2d 121 · Court of Appeals of Minnesota · Jan 21, 1992

Qualified immunity The individual officers argue they are entitled to qualified immunity against respondents’ claims under 42 U.S.C. § 1983 . We agree. … Whether qualified immunity exists turns on whether the officials violated clearly-established statutory or constitutional rights, the existence of which a reasonable person would have known.

Aczel v. Labonia

92 F. App'x 17 · Court of Appeals for the Second Circuit · Feb 12, 2004

facts plaintiff invokes constitutional rights that were clearly established at the time of the event. … established at the time.

Henderson v. City of Philadelphia

853 F. Supp. 2d 514 · District Court, E.D. Pennsylvania · Mar 30, 2012

Qualified Immunity Defense counsel argues that Gress is entitled to qualified immunity. … Clearly, his actions were not objectively reasonable and were not done in good faith. Counsel has not provided any other reason why Gress would be entitled to qualified immunity.

Wendell Domina v. George VanPelt

235 F.3d 1091 · Court of Appeals for the Eighth Circuit · Dec 26, 2000

show a violation of clearly established law. … The commissioners would nonetheless be protected by qualified immunity if in early 1998 (the time of their alleged misconduct) it was not clearly established that the speech in which Mr.

Alberto F. Morales v. James Haynes and Virginia Perez, Revenue Officers of Irs

890 F.2d 708 · Court of Appeals for the Fifth Circuit · Nov 9, 1989

We hold that the plaintiffs have not shown that the defendants violated any “clearly established” right and that the defendants are entitled to the defense of qualified immunity. We therefore reverse. … established” as to deprive the defendant of his qualified immunity. 702 F.2d at 584 .

Knight Ex Rel. Kerr v. Miami-Dade County

856 F.3d 795 · Court of Appeals for the Eleventh Circuit · May 5, 2017

As this Court has often observed, “qualified immunity offers complete protection for government officials sued in their individual capacities as long as their conduct violates no clearly established statutory or constitutional … “[T]o receive qualified immunity, an official must first establish that he was acting within the scope of his discretionary authority when the allegedly wrongful acts occurred.”

Bradford v. Wiggins

516 F.3d 1189 · Court of Appeals for the Tenth Circuit · Feb 20, 2008

If so, we must then determine *1196 whether the right was clearly established. Id. … right was clearly established.

Velharticky v. Independent School District No. 3 of Roger Mills County

846 F. Supp. 941 · District Court, W.D. Oklahoma · May 17, 1993

Therefore, the Court grants summary judgment in favor of all Defendants and against Plaintiff. 2 QUALIFIED IMMUNITY Qualified immunity is available to government officials unless they violate clearly established statutory … Clearly, the board members receipt of complaints and other investigative activities does not violate a clearly established law.

David Kenyon v. Clayton Edwards

462 F.3d 802 · Court of Appeals for the Eighth Circuit · Sep 7, 2006

We find that Edwards is entitled to summary judgment based on qualified immunity. A. The Qualified Immunity Analysis Saucier provides the marching orders for courts considering qualified immunity claims. … If the law did not put the officer on notice that his conduct would be clearly unlawful, summary judgment based on qualified immunity is appropriate.

McPherson v. Auger

842 F. Supp. 25 · District Court, D. Maine · Jan 6, 1994

Creighton, 483 U.S. 635, 641 , 107 S.Ct. 3034, 3039 , 97 L.Ed.2d 523 (establishing the standard for assessing whether an officer is shielded from civil liability suits by qualified immunity). … Hence, Defendant Auger is protected by qualified immunity from Plaintiffs civil damages suit.

Edwards v. Gilbert

867 F.2d 1271 · Court of Appeals for the Eleventh Circuit · Feb 28, 1989

Joyner, 865 F.2d 1187, 1189 (11th Cir.1989). 6 Once a defendant advances a defense of qualified immunity, he is entitled to summary judgment unless "the legal norms allegedly violated by the defendant were clearly established … established" for purposes of qualified immunity at the time of Molbert's death.

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.

Courtney Richmond v. City of Brooklyn

490 F.3d 1002 · Court of Appeals for the Eighth Circuit · Jun 21, 2007

“Qualified immunity protects a government official from liability in a section 1983 action unless the official’s conduct violated a clearly established constitutional or statutory right of which a reasonable person would … Therefore, we proceed directly to the second prong of the qualified immunity analysis, which asks whether the asserted constitutional right was clearly established.

Thomas v. Murray

107 F. Supp. 2d 748 · District Court, N.D. Texas · May 31, 2000

Murray contends that he is entitled to qualified immunity because his actions did not violate clearly established federal law. … clearly established in June 1996.

Smothers v. Gibson

778 F.2d 470 · Court of Appeals for the Eighth Circuit · Nov 27, 1985

ANALYSIS Whether an official may prevail in his qualified immunity defense depends upon the “objective unreasonableness of [his] conduct as measured by reference to clearly established law.” … The Cummins Unit argues that it should be accorded qualified immunity from liability for damages because the law of prison visitor strip searches was not clearly established in 1981.