Case law

Pruitt v. Pernell

360 F. Supp. 2d 738 · District Court, E.D. North Carolina · Jan 5, 2005

Therefore, immunity can be established by showing the right allegedly violated was (1) not “clearly established” at the time, or (2) that the violation of a “clearly established” right by a police officer was reasonable when … Therefore, to determine whether Defendants are entitled to qualified immunity, the Court must: (1) identify the specific right allegedly violated; (2) determine whether the right was clearly established at the time of the

Goldsmith v. Snohomish County

558 F. Supp. 2d 1140 · District Court, W.D. Washington · Feb 15, 2008

Katz, 533 U.S. 194 , 200-01, 121 S.Ct. 2151 , 150 L.Ed.2d 272 (2001) (qualified immunity is an immunity from suit). Saucier established a two-step analysis of qualified immunity. … At step two, immunity attaches if the officer was reasonably mistaken and/or if the constitutional right was not clearly established. 1.

Fogel v. Collins

531 F.3d 824 · Court of Appeals for the Ninth Circuit · Jun 27, 2008

Police officers performing discretionary functions within the scope of their employment have qualified immunity from civil suit as long as “their conduct does not violate clearly established statutory or constitutional rights … A two-step analysis guides our qualified immunity inquiry.

Matthews v. ALABAMA AGR. AND MECHANICAL UNIV.

787 So. 2d 691 · Supreme Court of Alabama · May 26, 2000

Matthews alleges that the university employees violated "clearly established Constitutional and statutory rights," that they "exceed[ed] the scope of their statutory and administrative authority," and that they acted willfully … or to qualified/substantive/ discretionary-function immunity.

Steele v. Department of Corrections

215 Mich. App. 710 · Michigan Court of Appeals · Apr 29, 1996

Consequently, Stone was entitled to qualified immunity under Ross v Consumers Power Co (On Rehearing), 420 Mich 567, 592 ; 363 NW2d 641 (1984). 3 Furthermore, plaintiff’s claim under 42 USC 1983 fails because he has *717 … not established deliberate indifference on Stone’s part.

Belcher v. Oliver

898 F.2d 32 · Court of Appeals for the Fourth Circuit · Mar 12, 1990

We disagree and hold defendants entitled to qualified immunity on these claims because they committed no violation of clearly established constitutional law. In so holding, we reverse the judgment of the district court. … The individual officers are thus entitled to qualified immunity on the above claims.

State ex rel. Grant County Commission v. Judge Nelson

West Virginia Supreme Court · Mar 23, 2021

Prince George’s County, Md., 309 F.3d 224, 229 (4th Cir. 2002) (“Because qualified immunity is an immunity from having to litigate, as contrasted with an immunity from liability … Traditional appellate review of a qualified immunity ruling cannot achieve the intended goal of an immunity ruling: “the right not to be subject to the burden of trial.”

J. Chris Lane v. Kentucky Department of Corrections

Court of Appeals of Kentucky · Sep 19, 2025

Qualified Immunity. … first addressing the Appellees’ qualified immunity arguments.

Maureen Tierney, for Herself and as Mother of Philip T. Newton, Patrick J. Newton v. Joel R. Davidson Thomas E. Williams, State of Vermont

133 F.3d 189 · Court of Appeals for the Second Circuit · Jan 7, 1998

him to believe that his action did not violate clearly established law. … “A qualified immunity defense is established if (a) the defendant’s action did not violate clearly established law, or (b) it was objectively reasonable for the defendant to believe that his action did not violate such law

William Donta, Jr. v. Thomas Hooper Charles F. Hunter Larry Brooks Floyd Rose Jeff Altherr Jack Morgan James Mannering Anthony Robinson, State of Ohio

774 F.2d 716 · Court of Appeals for the Sixth Circuit · Oct 11, 1985

If the law which the defendant is alleged to have violated is clearly established, then the qualified immunity defense should fail and discovery should proceed. … We also, however, find no reason to disturb the verdict that the officers were entitled to qualified immunity because they did not violate a clearly established federal rule by arresting Donta on the basis of the teletype

Carmen Leverette v. Margaret Bell, in Her Individual Capacity, and South Carolina Department of Corrections

247 F.3d 160 · Court of Appeals for the Fourth Circuit · Apr 13, 2001

Allen instructs that “an official may claim qualified immunity as long as his actions are not clearly established to be beyond the boundaries of his discretionary authority.” Id. at 593 . … Layne qualified immunity analysis — that is, examining whether the law was “clearly established” at the time of the challenged conduct. See supra note 4.

Wayne Ernest Barker v. Ben Norman and Jack Ballas

651 F.2d 1107 · Court of Appeals for the Fifth Circuit · Jul 30, 1981

qualified immunity defenses. … The Scope of the Qualified Immunity-Defenses 1.

Pintar v. Houck

690 Utah Adv. Rep. 45 · Court of Appeals of Utah · Sep 1, 2011

"The doctrine of qualified immunity protects government officials 'from liability for civil damages insofar as their conduct does not violate clearly established . constitutional rights of which a reasonable person would … was clearly established at the time of ...

Brandy Hamilton v. Nathaniel Turner

845 F.3d 659 · Court of Appeals for the Fifth Circuit · Jan 12, 2017

Kindred moved for summary judgment, arguing that he was entitled to qualified immunity because at the time of the incident, bystander liability was not clearly established in the Fifth Circuit in cases not involving excessive … DISCUSSION We have jurisdiction to review a district court’s denial of qualified immunity “only to the extent that the appeal concerns the purely legal question whether the defendants are entitled to qualified immunity

M.D. Ex Rel. Daniels v. Smith

504 F. Supp. 2d 1238 · District Court, M.D. Alabama · Aug 27, 2007

Clearly established In the Eleventh Circuit, “unless a controlling and factually similar case declares the official’s conduct unconstitutional, an excessive-force plaintiff can overcome qualified immunity only by showing … Under this test, the law is clearly established, and qualified immunity can be overcome, if the standards set forth in Graham and the Eleventh Circuit’s case law “inevitably lead every reasonable officer in [the defendant

Meredith v. Federal Mine Safety & Health Review Commission

177 F.3d 1042 · Court of Appeals for the D.C. Circuit · Jun 4, 1999

Fitzgerald, 457 U.S. 800 (1982) (restricting qualified immunity protection to actions where official conduct did not violate a clearly established legal right), such immunity does not extend to a suit seeking equitable … of a clearly established right, the lexical priority of the inquiries are identical.

Ann deWet v. G. Russell Rollyson, Jr.

Court of Appeals for the Fourth Circuit · Oct 2, 2025

Qualified immunity “shields public officials from civil liability [under § 1983] unless they violated a statutory or constitutional right that was clearly established at the time of the challenged conduct … For starters, “unpublished opinions [of this court] ‘cannot be considered in deciding whether particular conduct violated clearly established law for purposes of adjudging entitlement to qualified immunity

Entergy, Arkansas, Inc. v. Nebraska

241 F.3d 979 · Court of Appeals for the Eighth Circuit · Mar 8, 2001

a claim upon which relief can be granted. 1 The Generators and USE respond that qualified immunity is not available to the officials in their individual capacities because clearly established federal law was violated, that … Qualified immunity shields state officials performing discretionary functions from liability if “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have

White v. City of Lagrange

952 F. Supp. 2d 1353 · District Court, N.D. Georgia · Jul 3, 2013

“Qualified immunity offers complete protection for individual public officials performing discretionary functions ‘insofar as their conduct does not violate clearly established statutory or constitutional rights of which … White has failed to point to particularized case law showing that the right was clearly established.

Johnson v. District of Columbia

67 F. Supp. 3d 157 · District Court, District of Columbia · Sep 10, 2014

The doctrine of qualified immunity protects government officials from suit for civil damages unless a plaintiff shows that the official violated a statutory or constitutional right, and that the right was clearly established … If there is a constitutional violation, the second question is: Whether the right violated was “clearly established?” Id.