Case law

Matthew Schantz v. Benny Deloach

Court of Appeals for the Eleventh Circuit · Oct 26, 2021

Qualified Immunity Qualified immunity “completely protects government offi- cials performing discretionary functions from suit in their individ- ual capacities unless their conduct violates clearly established USCA11 … As discussed below, we agree with the district court’s deci- sion to dispose of Plaintiff’s § 1983 claim on the clearly established prong of the qualified immunity analysis.

Carolyn Arnett v. Larry Norris

Court of Appeals for the Eighth Circuit · Dec 3, 2025

The doctrine of qualified immunity protects public officials and officers from § 1983 claims when their conduct “does not violate clearly established statutory or constitutional rights of which a reasonable person would have … To overcome qualified immunity, a plaintiff must show (1) the presented facts “make out a violation of a constitutional or statutory right,” and (2) “that right was clearly established at the time of the defendant[s’] alleged

McCoy v. City of Columbia

929 F. Supp. 2d 541 · District Court, D. South Carolina · Mar 11, 2013

On appeal, the officers argued that, under Reichle , the passenger’s First Amendment rights were not clearly established and they were entitled to qualified immunity. Id. at 391-92. … In the second prong of the qualified immunity analysis, the court asks whether the right at issue was clearly established at the time of McCoy’s arrest. See Pear *562 son, 555 U.S. at 232 , 129 S.Ct. 808 .

Hilchey v. City of Haverhill

537 F. Supp. 2d 255 · District Court, D. Massachusetts · Feb 1, 2008

Before asking the second question, however, the issue of qualified immunity must be addressed. D. Qualified Immunity 1. … Second, the Court must determine whether the right was “clearly established at the time of the alleged violation”. Abrew-Guzman, 241 F.3d at 73 .

Yoak v. Marshall University Board of Governors

223 W. Va. 55 · West Virginia Supreme Court · Dec 9, 2008

The appellees contend that the circuit court properly found that qualified immunity is applicable to the instant ease. … Therefore, unless there is a bona fide dispute as to the foundational or historical facts that underlie the immunity determination, the ultimate questions of statutory or qualified immunity are ripe for summary disposition

William Cass v. City of Dayton

770 F.3d 368 · Court of Appeals for the Sixth Circuit · Oct 16, 2014

In the alternative, the district court held that House was entitled to qualified immunity because Jordan’s constitutional rights were not clearly established. … There are two general steps to the qualified immunity analysis.

Lisa Bukowski v. City of Akron, Patrick Summers and John Urbank, Lisa Bukowski v. City of Akron, Patrick Summers

326 F.3d 702 · Court of Appeals for the Sixth Circuit · Apr 16, 2003

As governmental officials acting within the scope of their duty, Urbank and Summers can claim qualified immunity. … Qualified immunity is an affirmative defense shielding governmental officials from liability as long as their conduct does “not violate clearly established statutory or constitutional rights of which a reasonable person would

Roes ex rel. Bazerman v. Florida Department of Children & Family Services

176 F. Supp. 2d 1310 · District Court, S.D. Florida · Sep 24, 2001

of qualified immunity. … Simply put, “If the law did not put the officer on notice that his conduct would be clearly unlawful, summary judgment based on qualified immunity is appropriate.”

John Schleck and Robert Kraft v. Ramsey County, Suzanne Alliegro, Michael Moriarity and Kathleen Mahoney

939 F.2d 638 · Court of Appeals for the Eighth Circuit · Sep 26, 1991

“Whether an official may prevail in [her] qualified immunity defense depends upon the ‘objective reasonableness of [her] conduct as measured by reference to clearly established law.’ ... … No other ‘circumstances’ are relevant to the issue of qualified immunity.” Davis v.

Friedman v. Weiner

515 F. Supp. 563 · District Court, D. Colorado · Jun 3, 1981

A review of the cases suggests that the individual defendants, if entitled to any immunity, are entitled at most to qualified immunity. … Where a public official has or may have a defense based on qualified immunity, the burden is on the defendant to raise the defense and establish his entitlement to immunity. Gomez v.

Courtney Richmond v. City of Brooklyn

490 F.3d 1002 · Court of Appeals for the Eighth Circuit · Jun 21, 2007

“Qualified immunity protects a government official from liability in a section 1983 action unless the official’s conduct violated a clearly established constitutional or statutory right of which a reasonable person would … Therefore, we proceed directly to the second prong of the qualified immunity analysis, which asks whether the asserted constitutional right was clearly established.

Bryan Santini v. Joseph Fuentes

795 F.3d 410 · Court of Appeals for the Third Circuit · Aug 4, 2015

Background: Qualified Immunity Santini argues on appeal that the District Court erred in finding that the Trooper Defendants were entitled to qualified immunity with respect to his federal claims. … The doctrine of qualified immunity shields government officials who perform discretionary functions “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional

Zann v. Whidby

904 F. Supp. 2d 1229 · District Court, N.D. Alabama · Oct 24, 2012

To avoid summary judgment on the basis of qualified immunity, the plaintiff must show that “(1) the defendant violated a constitutional right, and (2) this right was clearly established at the time of the alleged violation … Was the Right Clearly Established?

State v. McInnes

Ohio Court of Appeals · Sep 10, 2026

“The doctrine of qualified immunity generally shields public officials performing discretionary functions from liability for civil damages to the extent that their conduct does not violate clearly established statutory … to qualified immunity.

Ross v. Beckham County Board of County Commissioners

61 F. App'x 620 · Court of Appeals for the Tenth Circuit · Mar 31, 2003

able to prove, but whether certain given facts showed a violation of “clearly established” law. … “The doctrine of qualified immunity shields individual government officials performing discretionary functions ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or

Branch International Services, Inc. v. Budde

890 F. Supp. 659 · District Court, E.D. Michigan · Jun 15, 1995

Alleging the violation of a broad constitutional right is insufficient to establish the violation of a clearly established right for purposes of overcoming qualified immunity. … Plaintiffs argue, in their response to defendants’ motion to dismiss, that the right to access to courts was a clearly established constitutional right, and therefore the qualified immunity defense is not applicable to this

Pham v. University of Louisiana at Monroe

194 F. Supp. 3d 534 · District Court, W.D. Louisiana · Jul 13, 2016

On the other hand, the clearly established prong does not necessarily require a case- “directly on point.” See Morgan v. … Jackson is entitled to qualified immunity. 2.Dr. El Sayed Dr. El Sayed is also entitled to qualified immunity.

Dockery v. Tucker

73 F. Supp. 2d 224 · District Court, E.D. New York · Sep 24, 1998

As discussed above, Tucker is entitled to qualified immunity if plaintiffs rights were not clearly established, see Mitchell v. … As discussed above, defendant Tucker is entitled to qualified immunity if plaintiffs rights were not clearly established, see Mitchell v.

Kennedy v. Lehman

328 F. App'x 16 · Court of Appeals for the Second Circuit · May 6, 2009

A grant of qualified immunity allows public officials to be “shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … Be *20 cause the Individual Defendants did not violate a First Amendment right clearly-established as of 2002, we conclude that they are entitled to qualified immunity, and the district court must be reversed.

MacE Ex Rel. Revill v. City of Palestine, Texas

213 F. Supp. 2d 691 · District Court, E.D. Texas · Feb 8, 2002

The defense of qualified immunity, however, protects § 1983 defendants from liability for civil damages when performing discretionary functions, unless such conduct violates a clearly established constitutional or statutory … In considering the merits of a qualified immunity defense in excessive force cases, like this one, courts previously considered whether the right was clearly established and, if so, whether, in light of such clearly established