Case law

Tiramani v. Johnson

307 F. Supp. 3d 31 · District Court, D. Connecticut · Feb 8, 2018

I agree that the defendants are protected by qualified immunity. … There was no "clearly established" law prohibiting warrantless entry in similar circumstances in the absence of a sign of a break-in.

Comsys Incorporated v. Frank Pacetti

893 F.3d 468 · Court of Appeals for the Seventh Circuit · Jun 20, 2018

Clearly established law does not tell us what expectation of privacy a contractor has in such a situation, which means that the appellants are entitled to qualified immunity. … Qualified immunity protects public employees who do not violate clearly established law.

Axson-Flynn v. Johnson

356 F.3d 1277 · Court of Appeals for the Tenth Circuit · Feb 3, 2004

“Qualified immunity shields public officials from [section] 1983 liability if their actions did not ‘violate clearly established statutory or constitutional rights of which a reasonable person would have known.’” … Because the law is clearly established and there exists a material factual issue as to the objective reasonableness of Defendants’ actions, the qualified immunity defense to the free speech claim must fail on summary judgment

Fleming v. Livingston County, Ill.

674 F.3d 874 · Court of Appeals for the Seventh Circuit · Mar 28, 2012

Qualified Immunity The question of whether Turner actually had probable cause to arrest Fleming is separate from the question relating to qualified immunity.3 “Qualified immunity 3 Fleming asserts that “the court’s … immunity defense.5 As we have stated before, “[c]onsulting a prosecutor may not give an officer absolute immunity from being sued for false arrest, but it goes far to establish qualified immunity.

Walker ex rel. T.W. v. City of New York

63 F. Supp. 3d 301 · District Court, E.D. New York · Dec 5, 2014

Defendants Robinson and White Are Entitled to Qualified Immunity 1) Caseworker Qualified Immunity “Immunity ordinarily should be decided by the court long before trial.” Hunter v. … Individual government actors performing discretionary tasks are entitled to qualified immunity if: “(a) the defendant’s action did not violate clearly established law, or (b) it was objectively reasonable for the defendant

Sloman v. Tadlock

21 F.3d 1462 · Court of Appeals for the Ninth Circuit · Apr 14, 1994

Government officials such as police officers are not absolutely immune from suit, but rather only “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … The determination of qualified immunity necessitates three inquiries: (1) the identification of the specific right allegedly violated; (2) the determination of whether that right- was so “clearly established” as to alert

Christophel v. Kukulinsky

61 F.3d 479 · Court of Appeals for the Sixth Circuit · Aug 3, 1995

The individual defendants moved for summary judgment, claiming that they were entitled to qualified immunity because they had not violated a clearly established constitutional right to procedural due process. … When a defendant asserts qualified immunity on summary judgment, the court may determine the currently applicable law and whether that law was clearly established at the time of the actions in question.

R. H. v. ED WAGNER

Court of Appeals of Georgia · Oct 11, 2022

When a party moves for summary judgment on the basis of qualified immunity,4 that party bears the burden of establishing that he was entitled to the protection of said immunity. … ’ and ‘qualified immunity’ are used interchangeably in Georgia case law to refer to the type of immunity that sometimes shields government employees from individual liability[.]”

Vaughn v. Ricketts

663 F. Supp. 401 · District Court, D. Arizona · May 29, 1987

In Ward , the court rejected the defendant’s qualified immunity defense and held that a 1981 visual body cavity search of a misdemeanor arrestee conducted in the absence of a reasonable grounds was a violation of clearly … The burden of overcoming an official’s qualified immunity by demonstrating the existence of a clearly established right rests with the plaintiff. Davis v.

Lebron v. Rumsfeld

764 F. Supp. 2d 787 · District Court, D. South Carolina · Feb 17, 2011

Qualified Immunity Defendants further argue that even if Padilla could assert a viable cause of action, they would still be protected from liability by the doctrine of qualified immunity. … are entitled to qualified immunity on all of Plaintiffs’ claims.

Wesley Taylor v. Richard K. Bowers, Carl Doerhoff, Kent Grewe, Maryland Butts, Helen Farr, Loren Stout

966 F.2d 417 · Court of Appeals for the Eighth Circuit · Jul 31, 1992

The case law that governs whether the defendants are entitled to a qualified immunity defense is well established. See, e.g., Givens, 900 F.2d at 1231 . … When the plaintiff fails to allege a violation of clearly established law, “a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery.”

Green v. Security Assurance Management

District Court, District of Columbia · Dec 11, 2024

Qualified Immunity “The doctrine of qualified immunity shields officials from civil liability so long as their conduct ‘does not violate clearly established statutory or constitutional rights of which a reasonable … The “clearly established” prong of qualified immunity “means that, at the time of the officer’s conduct, the law was ‘sufficiently clear’ that every ‘reasonable official would understand that what he is doing’ is unlawful

Dennis Wolfel v. Nick Sanborn

666 F.2d 1005 · Court of Appeals for the Sixth Circuit · Jan 14, 1982

As our decisions make clear, whether such immunity has been established depends on facts peculiarly within the knowledge and control of the defendant. . .. … The burden would then be upon the plaintiff to show either that a subjective, bad faith intent to harm him motivated the official or that the official knew or should have known that his action infringed a clearly established

Lutfi Saalim v. Walmart, Inc.

97 F.4th 995 · Court of Appeals for the Sixth Circuit · Apr 3, 2024

Qualified Immunity Bretzloff claims that he is entitled to qualified immunity on Saalim’s § 1983 Fourth Amendment claim against him. … entitling them to qualified immunity.

Cameron v. Montgomery County Child Welfare Service

471 F. Supp. 761 · District Court, E.D. Pennsylvania · May 22, 1979

The defendants’ motion is based on judicial or quasi-judicial immunity and a qualified good faith immunity. As the Supreme Court held in Pierson v. … in support thereof (or the lack of that authority), whether a claim has been stated by *767 a specific count, and whether a specific right was or was not clearly established.

Matwyuk v. Johnson

22 F. Supp. 3d 812 · District Court, W.D. Michigan · May 23, 2014

Defendant Fildey is not Entitled to Qualified Immunity.820 a. Constitutional Violation.822 i. Government versus Private Speech .822 ii. Facial Challenge.824 iii. As Applied Challenge.826 b. Clearly Established.826 B. … clearly established.”

Brown v. Montana

442 F. Supp. 2d 982 · District Court, D. Montana · Jun 12, 2006

Qualified Immunity Defendants also argue that Wills is entitled to qualified immunity. … If the law was clearly established as to that social worker’s action, it likewise was clearly established here.

Hoffman v. Lehman

926 F. Supp. 510 · District Court, M.D. Pennsylvania · Jan 23, 1996

violation of clearly established law. … Defendants argue that even if Plaintiffs have stated a substantive due process claim based upon clearly established law, the evidence so far developed entitles them to summary judgment on the ground of qualified immunity

Penate v. Sullivan

73 F.4th 10 · Court of Appeals for the First Circuit · Jul 11, 2023

In the alternative, the district court found that Detective Sullivan was entitled to qualified immunity, because it was not clearly established that officers were required to either knock and announce in this situation … Qualified immunity shields government officials from civil damages "unless their conduct violated 'clearly established statutory or constitutional rights of which a reasonable person would have known.'" Lawless v.

Craig v. Wetzel

District Court, M.D. Pennsylvania · Sep 22, 2025

Qualified immunity applies to federal and state actors unless (1) the facts, taken in the light most favorable to the plaintiff, demonstrate a violation, and (2) the alleged right was clearly established … Supp. 623, 630-33 (D.N.J.), aff’d, 889 F.2d 1286 (3d Cir. 1989) (denying qualified immunity to a prison board based on prisoners’ clearly established right to a “safe prison environment” free from inmate violence