Case law

Humes v. Gilless

108 F. App'x 266 · Court of Appeals for the Sixth Circuit · Aug 10, 2004

Thus, we may review “the legal question of qualified immunity, i.e., whether a given set of facts violates clearly established law.” Mattox v. City of Forest Park, 183 F.3d 515, 519 (6th Cir.1999). … Qualified Immunity “[Gjovernment officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional

Joseph Frasure v. City of Wyoming, Ohio

Court of Appeals for the Sixth Circuit · May 5, 2026

Qualified Immunity Frasure challenges the magistrate judge’s finding that qualified immunity barred all three excessive force claims. … Because Frasure has not demonstrated a clearly established right relevant to this claim, “we begin and end with the second prong” of the qualified immunity analysis. Gordon v.

Kerr v. Lyford

171 F.3d 330 · Court of Appeals for the Fifth Circuit · Apr 14, 1999

Moving for summary judgment, Goar, Minshew, Fleig, and Baggs claimed qualified immunity; Lyford asserted absolute and qualified immunity. B. … Thus, to proceed against a defendant claiming qualified immunity, a plaintiff must demonstrate the existence and violation of a clearly established constitutional right; the defendant may then show that he was performing

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.

Viero v. Bufano

901 F. Supp. 1387 · District Court, N.D. Illinois · Dec 28, 1995

Immunity Búfano and Little also seek dismissal on qualified immunity grounds. … That is enough to strip them of any putative qualified immunity because, as Hamilton v.

Ward v. Noonan

147 F. Supp. 3d 262 · District Court, M.D. Pennsylvania · Nov 25, 2015

“Qualified immunity shields government officials from civil damages liability unless the official violated a statutory or constitutional right that was clearly established at the time of the challenged conduct.” … Under the doctrine of qualified immunity, government officials are immune from suit for damages where their conduct did not violate “clearly established statutory or constitutional rights of which a reasonable person would

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.

Campbell v. Alameida

295 F. App'x 130 · Court of Appeals for the Ninth Circuit · Sep 24, 2008

The district court properly determined that defendants were entitled to qualified immunity from Campbell’s Free Exercise and RLUIPA claims for damages, because defendants’ conduct did not violate clearly established law. … City of Alameda, 525 F.3d 903, 906 (9th Cir.2008) (“Under the defense of qualified immunity, a government official is immune from civil damages unless his conduct violates a clearly established right of which a reasonable

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

Jefferson v. Ysleta Independent School District

817 F.2d 303 · Court of Appeals for the Fifth Circuit · May 20, 1987

Finding that the pleadings allege conduct which “violate[s] clearly established statutory or constitutional rights of which a reasonable person would have known,” Harlow v. … Analysis The defense of qualified immunity protects a public official from liability in the performance of his duties unless he violates a clearly established statutory or constitutional right of another known to or knowable

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.

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

Wilson Smith v. Officer Troy Taff

Court of Appeals for the Eighth Circuit · Nov 9, 2009

Qualified immunity shields government actors from suit unless their conduct violates clearly established constitutional or statutory rights that a reasonable person would have known. Henderson v. … was clearly established at the time of the deprivation.”

Demaree v. Pederson

887 F.3d 870 · Court of Appeals for the Ninth Circuit · Jan 23, 2018

"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 … (ii) Whether the constitutional right was clearly established We move to the second step of the qualified immunity inquiry-whether the relevant judicial precedents at the time of the incident clearly gave notice that what

Burton v. Richmond

370 F.3d 723 · Court of Appeals for the Eighth Circuit · Aug 2, 2004

Because we determine that there was no violation of a clearly established constitutional right, defendants are entitled to qualified immunity. … II. 5 Governmental officials are entitled to qualified immunity under § 1983 when performing discretionary functions unless they violate clearly established law in executing their duties. Burton I, 276 F.3d at 976 .

Christopher Covey v. Assessor of Ohio County

777 F.3d 186 · Court of Appeals for the Fourth Circuit · Jan 26, 2015

Thus, they are not entitled to qualified immunity at this stage. The tax assessor’s claim to qualified immunity is a closer call. … On one hand, “an official who performs an act clearly established to be beyond the scope of his discretionary authority is not entitled to claim qualified immunity

Ferris v. Borough of Baldwin

247 F. Supp. 3d 671 · District Court, W.D. Pennsylvania · Mar 23, 2017

The Court also concludes that Scott and Lederman are entitled to qualified .immunity under the second prong of the qualified immunity analysis—“whether the right at issue was clearly established at the time of the alleged … Yerke, 604 Fed.Appx. 149, 152 (3d Cir. 2015) (applying Werkheiser to discuss qualified immunity and explaining that “the law [regarding ‘elected officials’ speech’] was not clearly established”).