Case law

Lauren Kesterson v. Kent State Univ.

967 F.3d 519 · Court of Appeals for the Sixth Circuit · Jul 23, 2020

whether the right was clearly established or not. … On the second prong of qualified immunity, I agree with the majority that to determine whether a law is clearly established, we need not find a case “directly on point.” (Maj.

Perez v. Duran

962 F. Supp. 2d 533 · District Court, S.D. New York · Jul 3, 2013

However, to find a right clearly established for purposes of qualified immunity “do[es] not require a case directly on point, but existing precedent must have placed the ... constitutional question beyond debate.” … If a right is clearly established, an officer will still be entitled to qualified immunity if the officer’s “actions were not objectively unreasonable at the time they were taken.” Lee v.

Vicky M. v. Northeastern Educational Intermediate Unit

689 F. Supp. 2d 721 · District Court, M.D. Pennsylvania · Sep 16, 2009

An official is entitled to qualified immunity if a reasonable official in their position at all relevant times could have believed, in light of clearly established law, that their conduct comported with established legal … NEIU Defendants The individual NEIU defendants are entitled to qualified immunity if a reasonable official in their position could have believed, in light of clearly established law, that their conduct comported with established

Myers v. Oklahoma County Board of County Commissioners

80 F.3d 421 · Court of Appeals for the Tenth Circuit · Apr 1, 1996

In their summary judgment motions, defendants asserted their defense of qualified immunity. … right that was allegedly violated was “clearly established.”

Cook v. BD. OF COUNTY COM'RS OF CTY. OF WYANDOTTE

966 F. Supp. 1049 · District Court, D. Kansas · May 29, 1997

The Court also finds that Officer Drake is not entitled to qualified immunity. … Qualified immunity would shield Officer Drake from suit for damages if a reasonable officer could have believed that plaintiffs arrest was lawful in light of clearly established. law and information which Officer Drake possessed

Curtis Baker v. City of Madison, Alabama

67 F.4th 1268 · Court of Appeals for the Eleventh Circuit · May 3, 2023

“Once the defendant establishes that he was acting within his discretionary authority, the burden shifts to the plaintiff to show that qualified immunity is not appropriate.” Lee v. … “Second, the plaintiff must show that the violation was clearly established.” Id. (emphasis and quotation marks omitted).

Rodriguez v. Village of Ossining

918 F. Supp. 2d 230 · District Court, S.D. New York · Jan 14, 2013

Thus, qualified immunity provides protection to police officers faced with an excessive force claim unless the officers (1) “violated a constitutional right (2) that was clearly established at the time of the alleged violation … a qualified immunity defense.' ” Caban v.

Mejia v. City of New York

119 F. Supp. 2d 232 · District Court, E.D. New York · Oct 5, 2000

Qualified Immunity The basic test for determining whether a public official is entitled to assert qualified immunity was established by the Supreme Court in Harlow v. … : qualified immunity shields public 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 have known

Akers v. Caperton

797 F. Supp. 514 · District Court, S.D. West Virginia · Jul 30, 1992

Qualified Immunity The Defendants Gaston Caperton, Kenneth Dunn and Art Gleason assert the defense of qualified immunity. … Defendants assert an entitlement to qualified immunity since they were acting pursuant to statutory authority and they further allege that their conduct did not violate the Plaintiffs’ clearly established statutory or constitutional

Tickle v. Ballay

259 So. 3d 435 · Louisiana Court of Appeal · Nov 14, 2018

In this regard, when "a prosecutor 'functions as an administrator rather than as an officer of the court' he is entitled only to qualified immunity." … As such, they clearly fall within the realm of prosecutorial immunity for activities intimately associated with the judicial phase of the criminal process. Mr.

Pitchford v. Borough of Munhall

631 F. Supp. 2d 636 · District Court, W.D. Pennsylvania · Nov 13, 2007

In order for a federally protected right to be “clearly established” for the purpose of a qualified immunity inquiry, “[t]he contours of the right must be sufficiently clear that a reasonable official would understand that … Pitchford’s “asserted right” is clearly established.

Salter v. Meta Platforms, Inc.

2025 NY Slip Op 04384 · Appellate Division of the Supreme Court of the State of New York · Jul 25, 2025

We reject MEAN's contention that the phrase "manufacturer or seller of a qualified product" in section 7903 (5) (A) should be read to divorce "manufacturer" from "qualified product" and grant immunity to any manufacturer … As a result, we conclude that MEAN established that it is "engaged in the business" of manufacturing a qualified product under the PLCAA by establishing that it "devotes time, attention, and labor to manufacturing [its qualified

Ronkin v. Vihn

71 F. Supp. 3d 124 · District Court, District of Columbia · Oct 16, 2014

Qualified immunity shields 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 have … Put succinctly, defendants are entitled to qualified immunity unless the plaintiff alleges (1) a violation of a constitutional right that (2) was “clearly established” at the time of the violation.” Saucier v.

Masciotta v. Clarkstown Central School District

136 F. Supp. 3d 527 · District Court, S.D. New York · Sep 30, 2015

Qualified Immunity Qualified immunity shields & “government official ] from liability for civil damages insofar as [his or her] conduct does not violate clearly established statutory or constitutional rights of which a reasonable … Because qualified immunity.

Rivas v. City of Passaic

365 F.3d 181 · Court of Appeals for the Third Circuit · Apr 26, 2004

a violation of a clearly established constitutional right.” … We note that Garcia and Rodriguez do not argue on appeal that they are entitled to qualified immunity because the law was not clearly established as of November 1998.

Ham v. Greene

248 Conn. 508 · Supreme Court of Connecticut · May 4, 1999

Thus, even where the law and the scope of permissible official conduct are clearly established, the defense of qualified immunity will protect a government official if it was objectively reasonable for him to believe his … New Haven, supra, 950 F.2d 870 , first concluded that the defendants were entitled to qualified immunity as a matter of law only if, on the facts found, their conduct *523 either did not violate “ ‘clearly established . .

Wilkerson v. University of North Texas Ex Rel. Board of Regents

878 F.3d 147 · Court of Appeals for the Fifth Circuit · Dec 20, 2017

In turn, the doctrine of qualified immunity guards officials from civil li- ability “so long as their conduct ‘does not violate clearly established statutory or constitutional rights of which a reasonable person would have … Clearly established law prob- ably foreclosed, not welcomed, Wilkerson’s due process claim. 10 We therefore reverse and render qualified immunity to the administra- tors on the § 1983 claim. Accord King v.

Cindy Abbott v. Sangamon County

705 F.3d 706 · Court of Appeals for the Seventh Circuit · Jan 29, 2013

Governmental actors performing discretionary func- tions are entitled to qualified immunity from suits for damages “insofar as their conduct does not violate clearly established statutory or constitutional rights of which … immunity on Travis’s excessive-force claim because he did not violate clearly established law.

Katie Kindl v. City of Berkley

798 F.3d 391 · Court of Appeals for the Sixth Circuit · Aug 18, 2015

Qualified immunity protects government officials sued under § 1983 from damages liability “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would … To qualify as clearly established, “‘[t]he contours of the right must be sufficiently clear that a reasonable official would understand that what he is doing violates that right.’” Brown v.

Lee v. Cline

149 Md. App. 38 · Court of Special Appeals of Maryland · Dec 26, 2002

In Lee’s case, the circumstances do not so clearly establish that there was a second stop. … The Qualified Immunity Debate At the summary judgment hearing, Lee’s attorney argued that, even if the evidence was insufficient to establish that Cline acted with malice, Lee must be allowed to proceed on his constitutional