Case law

Whitfield v. Municipality of Fajardo

279 F. Supp. 2d 115 · District Court, D. Puerto Rico · Aug 19, 2003

Government officials are generally immune from suit when their conduct does not violate clearly established statutory authority or constitutional rights, which a reasonable person should have known of at the time of the conduct … Second, these rights were clearly established at the time of the alleged violation.

Angela McCullough v. Ernest N. Finley, Jr.

907 F.3d 1324 · Court of Appeals for the Eleventh Circuit · Oct 29, 2018

The Mayor and the Chiefs Enjoy Qualified and State-Agent Immunity from the Jailees’ Complaint. … “Qualified immunity shields government officials acting within their discretionary authority from liability unless the officials ‘violate clearly established statutory or constitutional rights of which a reasonable person

Lanman v. Hinson

529 F.3d 673 · Court of Appeals for the Sixth Circuit · Jun 17, 2008

affirmative defense of qualified immunity. … Qualified immunity shields public officials who perform discretionary functions from tort liability, so long as their conduct does not violate clearly established rights viewed under the applicable constitutional standard

Dingle v. District of Columbia

571 F. Supp. 2d 87 · District Court, District of Columbia · Aug 12, 2008

Qualified Immunity Defendants argue that they are entitled to qualified immunity with respect to both claims of false arrest. 5 Construing the facts in favor of plaintiffs deposition testimony, the Court finds the officers … Applying the two-part analysis to this action, it appears from this record that Officer Moore violated a clearly established right.

Baker v. Smiscik

49 F. Supp. 3d 489 · District Court, E.D. Michigan · Sep 24, 2014

Embody, 695 F.3d at 581 . *501 Plaintiff fails to meet the clearly-established-right prong for the qualified immunity analysis. … Neither of these sources provides a basis for finding a clearly established constitutional right for purposes of qualified immunity. Barrett, 388 F.3d at 972.

Sack v. City of St. Louis

District Court, E.D. Missouri · Sep 30, 2025

“Qualified immunity shields officials from civil liability in § 1983 actions when their conduct ‘does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’” … Herron, 687 F.3d 971, 978 (8th Cir. 2012) (rejecting argument that the “clearly established right analysis” is limited to cases involving § 1983 and qualified immunity).

Terrell v. Harris County

115 F.4th 356 · Court of Appeals for the Fifth Circuit · Jul 9, 2024

The district court granted qualified immunity to the deputy who was not accused of sexual assault. On appeal, Terrell fails to establish that the deputy violated a clearly established constitutional right. … In sum, Terrell failed to show a clearly established violation of her rights. The district court correctly granted qualified immunity to Cannon. b.

Gorman v. Rensselaer Cnty.

910 F.3d 40 · Court of Appeals for the Second Circuit · Dec 6, 2018

entitled to qualified immunity. … The district court held that the Defendants are entitled to qualified immunity because the law was not clearly established that Gorman's complaint constituted protected speech.

Gregg v. Ohio Department of Youth Services

661 F. Supp. 2d 842 · District Court, S.D. Ohio · Sep 22, 2009

Telb, 831 F.2d 673 (6th Cir.1987), when the defense of qualified immunity is raised, a plaintiff must include in the pleadings factual allegations necessary to support the conclusion that the defendants violated clearly established … Gregg’s constitutional rights, it is unnecessary to reach the “clearly established” prong of qualified immunity as to these defendants. See Bukowski v. City of Akron, 326 F.3d 702, 708 (6th Cir.2003).

Wynn v. City of Lakeland

727 F. Supp. 2d 1309 · District Court, M.D. Florida · Jul 20, 2010

“Qualified immunity offers complete protection for government officials sued in their individual capacities if their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … To receive qualified immunity protection, the government official must first establish that he was acting within his discretionary authority at the time of the alleged violation. Cottone v.

Hedrick v. Roberts

183 F. Supp. 2d 814 · District Court, E.D. Virginia · Sep 27, 2001

Qualified Immunity State actors, such as prison officials performing discretionary functions, enjoy qualified immunity if their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … In determining whether a state actor is entitled to qualified immunity, a court “must (1) identify the right allegedly violated, (2) determine whether the constitutional right was clearly established at the time of the incident

Rittenhouse Entertainment, Inc. v. City of Wilkes-Barre

District Court, M.D. Pennsylvania · May 7, 2021

they therefore fail to establish qualified immunity. … Nevertheless, the court still concludes that O’Hara and McGonigle are entitled to qualified immunity because, as detailed above, the right at issue in this case was not clearly established at the time of the facts of this

Anilao v. Spota

774 F. Supp. 2d 457 · District Court, E.D. New York · Mar 31, 2011

Legal Standard If absolute immunity does not apply, government actors may be shielded from liability for civil damages by qualified immunity, ie., if their “conduct did not violate plaintiffs clearly established rights, or … Cnty. of Suffolk, 316 F.3d 368, 385 (2d Cir.2003); see also Fielding, 257 Fed.Appx. at 401 (“The police officers, in turn, are protected by qualified immunity if their actions do not violate clearly established law, or it

Estate of Henson v. Wichita County, Tex.

652 F. Supp. 2d 730 · District Court, N.D. Texas · Aug 4, 2009

The doctrine of qualified immunity protects government officials sued pursuant to § 1983 “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of … In order to overcome the defense of qualified immunity, Plaintiffs must prove Dr. Bolin violated “clearly established statutory or constitutional rights of which a reasonable person would have known.” Gibson v.

Cynthia Archer v. John Chisholm

870 F.3d 603 · Court of Appeals for the Seventh Circuit · Aug 29, 2017

It  granted  the  Investigators’  motion  for  judgment  on  the  pleadings on qualified immunity grounds and noted that the  Prosecutors also were entitled to qualified immunity.  …  right that was clearly established at the time of  the challenged conduct.” 

Albert Flenner and William Glover v. Michael F. Sheahan

107 F.3d 459 · Court of Appeals for the Seventh Circuit · Feb 12, 1997

The district court granted his motion, holding that Sheriff Sheahan was entitled to qualified immunity because the law concerning patronage dismissal of corree 1 tional officers was not clearly established in 1993, the time … “The defense of qualified immunity shields government officials performing discretionary functions ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional

Arkansas Department of Environmental Quality v. Al-Madhoun

374 Ark. 28 · Supreme Court of Arkansas · Jun 19, 2008

The circuit court further ruled that qualified immunity did not apply to the individual defendants because there was an exception to qualified immunity for malicious acts and intentional torts under Ark. … In response, Appellees assert that the employees are not entitled to qualified immunity in their individual capacities.

Leticia Rudolph v. Daniel Babinec

939 F.3d 742 · Court of Appeals for the Sixth Circuit · Sep 20, 2019

Qualified immunity shields government officials from individual liability if they did not violate a clearly established right “of which a reasonable person” in the same situation would have known. Harlow v. … is clearly established” (emphasis added)).

Fares v. U.S. Immigration & Naturalization Service

29 F. Supp. 2d 259 · District Court, W.D. North Carolina · Oct 27, 1998

Qualified Immunity Individual Defendants argue that, at the very least, they are all shielded from Plaintiffs’ Bivens claims by qualified immunity. … The doctrine of qualified immunity holds that “government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established

Richards v. Metropolitan Police Department Officer Jennifer Gelsomino

240 F. Supp. 3d 173 · District Court, District of Columbia · Mar 3, 2017

“The doctrine of qualified immunity protects 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 … On the facts as currently alleged, then, Gelsomino is not entitled to qualified immunity because she violated a clearly established constitutional right when she arrested Richards without a warrant or probable cause.