Case law

Breeden v. University of Mississippi Medical Center

241 F. Supp. 2d 668 · District Court, S.D. Mississippi · Sep 5, 2001

Under “qualified immunity,” government officials are not subject to liability for the performance of their discretionary actions unless their conduct violates clearly established statutory or constitutional rights of which … The test for qualified immunity is understandably twofold. First, the court must determine whether the conduct alleged would have deprived a § 1983 plaintiff of a “clearly established” constitutional or statutory right.

McKay v. LaCroix

117 F.4th 741 · Court of Appeals for the Fifth Circuit · Sep 23, 2024

They also asserted qualified immunity. … A state official is entitled qualified im- munity unless: (1) the plaintiff alleged a violation of a constitutional right; and (2) that right was “clearly established” at the time of the alleged violation. Cope v.

Madison v. Cruz

359 F. Supp. 3d 135 · District Court, District of Columbia · Feb 13, 2019

The First Circuit has adopted a two-part test to assess qualified immunity. … I find that had Defendant McDonald been aware that Plaintiff was outed as an informant and previously assaulted but declined to act to ensure Plaintiff's safety, it would qualify as a violation of Plaintiff's clearly established

Flowers v. Bennett

135 F. Supp. 2d 1150 · District Court, N.D. Alabama · Dec 11, 2000

Even without Hill, there is good reason to believe that “clearly established” authority exists to deny qualified immunity in this case. … In a qualified immunity analysis, two questions arise: (1) Does the plaintiff allege the deprivation of a constitutional right, and (2) Was the law that the public official is alleged to have violated clearly established

Lott v. Edenfield

542 F. App'x 311 · Court of Appeals for the Fifth Circuit · Oct 3, 2013

Because the complaint fails to plead sufficient facts to establish that the defendants were deliberately indifferent to any clearly established rights, the defendants are entitled to qualified immunity. … The plaintiffs now appeal, arguing that they adequately pleaded violations of clearly established Eighth Amendment rights sufficient to overcome qualified immunity.

Kaufman v. Carter

952 F. Supp. 520 · District Court, W.D. Michigan · Dec 9, 1996

I conclude that defendants are not entitled to qualified immunity on the ground that it was not “clearly established” that the Rehabilitation Act and the ADA apply to prisons. … Qualified immunity is not available where an official violates “clearly established statutory ... rights of which a reasonable person would have known.” Harlow v.

Starks v. City of Minneapolis

6 F. Supp. 2d 1084 · District Court, D. Minnesota · May 14, 1998

Qualified immunity protects police officers from liability if a reasonable officer could have believed his or her conduct was lawful in light of clearly established law and the information possessed by the officers at the … “An official loses immunity if, first, the law he violated was clearly established at the time of the violation, and second, the applicability of the law to his particular action was evident.”

Watkins v. Millennium School

290 F. Supp. 2d 890 · District Court, S.D. Ohio · Nov 18, 2003

Qualified immunity extends to individuals performing discretionary functions, unless their actions violate “clearly established statutory or constitutional rights of which a reasonable person would have known.” Id. … In elaborating on “clearly established,” the Supreme Court stated in Anderson v.

Natal-Rosario v. Puerto Rico Police Department

609 F. Supp. 2d 194 · District Court, D. Puerto Rico · Apr 2, 2009

Qualified Immunity This Court will now discuss whether the doctrine of qualified immunity bars Plaintiffs’ claims against Caldero. 4 Qualified immunity protects public officials from the specter of damages liability for judgment … Therefore, this Court will deny the motion to dismiss on qualified immunity grounds. 4.

Dohner v. Neff

240 F. Supp. 2d 692 · District Court, N.D. Ohio · Dec 11, 2002

Qualified Immunity In Harlow v. … Qualified Immunity for Neff To find a clearly established constitutional right, a district court must find binding precedent from the Supreme Court, its court of appeals, or itself. Ohio Civil Serv. Employees Ass’n. v.

Justice v. Danberg

342 F. App'x 837 · Court of Appeals for the Third Circuit · Aug 17, 2009

The court disagreed, noting that qualified immunity required a two-step analysis: first, whether there was a constitutional violation, and second, whether the constitutional right that was violated was clearly established … qualified immunity.

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.

Brooke Somers v. Anthony Devine

Court of Appeals for the Fourth Circuit · Mar 24, 2025

Indeed, as a matter of constitutional avoidance, we often grant qualified immunity based on a determination “that the purported right was not clearly established without resolving the ‘often more difficult … Determining whether a right is “clearly established” cannot be done in isolation from the perceived facts of the case in which the immunity is claimed.

Perez v. School Board

917 F. Supp. 2d 1261 · District Court, S.D. Florida · Jan 17, 2013

Furthermore, because the Defendants have raised qualified immunity as a defense, Plaintiff must allege that the officers violated a clearly-established right. Williams, 102 F.3d at 1182 . … When qualified immunity is raised, Plaintiff must plead facts showing that, at the time of the beating the law clearly established that the force used by the officers was excessive.

Moss v. Kopp

505 F. Supp. 2d 1120 · District Court, D. Utah · Feb 16, 2007

; and accordingly, (3) the court need not address qualified immunity. … Because both orders clearly fall under his statutory authority, he would qualify for judicial immunity. Consequently, Defendants satisfy the first step of the quasi-judicial immunity analysis. 2.

Danny M. Bennett v. Dennis Lee Hendrix

423 F.3d 1247 · Court of Appeals for the Eleventh Circuit · Sep 9, 2005

DISCUSSION Our procedure in assessing qualified immunity is well-established. … Clearly Established Law The final step in the qualified immunity inquiry is determining whether the law was clearly established so as to put the defendants on notice that their behavior violated the plaintiffs’

Woodcock v. City of Bowling Green

165 F. Supp. 3d 563 · District Court, W.D. Kentucky · Feb 24, 2016

Clearly Established Right Defendants, in their Motion for Summary Judgment, assert that Casada is entitled to qualified immunity. … The Pollard court did not address the qualified immunity inquiry of whether the right allegedly violated was clearly established. .

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

Henderson v. Simms

54 F. Supp. 2d 499 · District Court, D. Maryland · May 14, 1999

In order to be entitled to qualified immunity, public officials must show that their actions, objectively viewed, did not violate clearly established statutory or constitutional rights of which a reasonable official would … Mar.26, 1999), and, of course, since it predated the defendants’ conduct anyway, it certainly could not constitute “clearly established” law of which they should have known. See, e.g., Hodge v.

Stewart v. Beaufort County

481 F. Supp. 2d 483 · District Court, D. South Carolina · Feb 6, 2007

Is Deputy Calhoun Entitled to Qualified Immunity? … Under the doctrine of qualified immunity, law enforcement officers performing their discretionary duties “are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory