Case law

Kameron Evans v. John Dodd

114 F.4th 946 · Court of Appeals for the Eighth Circuit · Aug 15, 2024

Qualified immunity will shield the Officers “from legal liability unless: (1) [they] violated a constitutional right, and (2) that constitutional right was clearly established so that a reasonable officer would know of the … “Clearly established” means that “[t]he precedent must be clear enough that every reasonable official would interpret it to establish the particular rule the plaintiff seeks to apply.” Brown v. City of St.

Lucas v. Henrico County School Board

822 F. Supp. 2d 589 · District Court, E.D. Virginia · Sep 30, 2011

Qualified immunity shields government officials performing discretionary functions from liability for civil damages, insofar as their conduct does not violate clearly established rights of which a reasonable person would … Qualified immunity is applicable unless the official’s conduct violated a clearly established constitutional right. Pearson, 555 U.S. at 232 , 129 S.Ct. 808 (internal citations omitted).

Grossman v. United States

District Court, S.D. New York · Feb 19, 2025

While Defendant Rezak raises a qualified immunity defense in his support brief, courts in this Circuit have long held that qualified immunity “turns on factual questions that cannot be resolved at [the motion to dismiss … Supp. 2d 659, 666 (S.D.N.Y. 2004) (“[r]esolution of qualified immunity depends on the determination of certain factual questions that cannot be answered at this stage of the litigation.” Denton v.

Biase v. Kaplan

852 F. Supp. 268 · District Court, D. New Jersey · May 9, 1994

In order to defeat an assertion of qualified immunity, a plaintiff must allege that the defendant official violated a “clearly established” right held by the plaintiff. … action is a violation) violates a clearly established right.

Kanae v. Hodson

294 F. Supp. 2d 1179 · District Court, D. Hawaii · Nov 5, 2003

Hodson’s Qualified Immunity Defense. Hodson argues that he has qualified immunity with respect to Kanae’s claims. … Qualified immunity bars claims against government officials in their individual capacities if their conduct did not “violate clearly established statutory or constitutional rights of which a reasonable person would have known

McLenagan v. Karnes

27 F.3d 1002 · Court of Appeals for the Fourth Circuit · Jun 30, 1994

Rizzo, supra, is our leading case addressing the issue of qualified immunity in the excessive force context. … Simply put, under Virginia law, sovereign immunity is not available to a defendant whose culpability extends beyond mere negligence. *1009 Sovereign immunity, like qualified immunity, is only available to public officials

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.

Prager v. LaFaver

180 F.3d 1185 · Court of Appeals for the Tenth Circuit · Jun 15, 1999

LaFaver contends the law did not clearly establish that the First Amendment protected Mr. Prager’s speech. Pickering v. … We turn to the question of whether this law was clearly established when Mr. LaFaver acted against Mr. Prager.

Gary Thompson v. Andy Shock

852 F.3d 786 · Court of Appeals for the Eighth Circuit · Mar 28, 2017

The district court determined that Thompson’s claimed First Amendment right was not clearly established under the Pickering–Connick test, granted qualified immunity to Sheriff Shock in his individual capacity, and dismissed … Qualified Immunity Qualified immunity shields a government official acting in his individual capacity from liability “unless his conduct violates ‘clearly established statutory or constitutional rights of which a reasonable

Mary Elizabeth Dunn v. Mike Denk, Cross-Appellee

79 F.3d 401 · Court of Appeals for the Fifth Circuit · Mar 19, 1996

The question before us is whether Denk was entitled to qualified immunity as a matter of law. We begin by determining whether Dunn alleged the violation of a clearly established constitutional right. … arrestee] are clearly established or not,” Dunn v.

Davis v. Chalstrom

595 F. App'x 627 · Court of Appeals for the Seventh Circuit · Dec 23, 2014

Chal-strom has taken an interlocutory appeal, contending that he deserves qualified immunity. … Then the purely legal question for the court would be simply whether Chastrom walked on Davis’s curtilage in a way that violated clearly established law.

Natasha Whitley v. John Hanna

726 F.3d 631 · Court of Appeals for the Fifth Circuit · Aug 8, 2013

Qualified Immunity “The doctrine of qualified immunity protects government officials from civil damages liability when their actions could reasonably have been believed to be legal.” Morgan v. … Therefore, a plaintiff seeking to overcome qualified immunity must show: “(1) that the official violated a statutory or constitutional right, and (2) that the right was ‘clearly established’ at the time of the challenged

Bowman v. Alabama Department of Human Resources

857 F. Supp. 1524 · District Court, M.D. Alabama · Jun 20, 1994

An official is entitled to qualified immunity unless the conduct “violate[s] clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … A plaintiff who seeks damages ... may overcome the defendant official’s qualified immunity only by showing that those [constitutional or statutory] rights were clearly established.” Elder v.

Rafael L. Balaguer-Santiago v. Hon. Jaime Torres-Gaztambide, Etc.

932 F.2d 1015 · Court of Appeals for the First Circuit · May 14, 1991

The defendants, upper-level RHA officials, filed a motion for partial summary judgment on the ground of qualified immunity, see Harlow v. … The doctrine of qualified immunity shields certain public officials from personal liability for damages awarded in actions under 42 U.S.C. § 1983 , except where the challenged official conduct violated a “clearly established

Fabrikant v. French

328 F. Supp. 2d 303 · District Court, N.D. New York · Jul 30, 2004

The qualified immunity doctrine insulates a governmental official performing discretionary functions from liability so long as his “conduct does not violate clearly established statutory or constitutional rights of which … were ‘clearly established’ at the time it was taken.”

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.

Oliver v. Arnold

3 F.4th 152 · Court of Appeals for the Fifth Circuit · Jun 29, 2021

right was clearly established at the time of their conduct. … Qualified immunity yields only where an official violates “clearly established law,” meaning binding authority “that defines the contours of the right in question with a high degree of particularity.” Morgan v.

Sophia Wilansky v. Morton County, North Dakota

Court of Appeals for the Eighth Circuit · Jun 24, 2026

To overcome qualified immunity, Wilansky must point to law clearly establishing that Officer Moll seized her. Keup, -7- 159 F.4th at 538. … But because qualified immunity is at issue, she has to show that violation was clearly established. See, e.g., Webster v. St.

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.

Carter v. Butts County

110 F. Supp. 3d 1325 · District Court, M.D. Georgia · Jun 2, 2015

“Qualified immunity protects government officials performing discretionary functions from suits in their individual capacities unless their conduct violates ‘clearly established statutory or constitutional rights of which … In wrongful arrest cases, the Eleventh Circuit has “defined the ‘clearly-established’ prong as an ‘arguable probable cause’ inquiry.” Moran v.