Case law

DeJesus v. Delaware

210 F. Supp. 3d 620 · District Court, D. Delaware · Sep 28, 2016

Government officials performing discretionary functions are generally immune from liability for civil damages when their conduct does “not violate clearly established statutory or constitutional rights of which a reasonable … To establish a case that overcomes qualified immunity, a plaintiff must plead facts “showing (1) that the official violated a statutory or constitutional right, and (2) that the right was clearly established at the time of

Johnson v. District of Columbia

528 F.3d 969 · Court of Appeals for the D.C. Circuit · Jun 20, 2008

and  7 the qualified immunity defense. … what is clearly established law.

LSO, Ltd. v. Stroh

205 F.3d 1146 · Court of Appeals for the Ninth Circuit · Mar 6, 2000

Once the defense of qualified immunity is raised by the defendant, the plaintiff bears the burden of showing that the rights allegedly violated were “clearly established.” See Shoshone-Bannock Tribes v. … Thus, LSO’s right was “clearly established.” 3.

D.Z. Ex Rel. Thompson v. Buell

796 F.3d 749 · Court of Appeals for the Seventh Circuit · Aug 6, 2015

Qualified Immunity “Qualified immunity protects public officials from liability for damages if their actions did not violate clearly established rights of which a reasonable person would have known.” … Neither party disputes that D.Z.’s constitutional right to be free from unreasonable seizure was clearly established at the time of the incident.

Bala v. Stenehjem

671 F. Supp. 2d 1067 · District Court, D. North Dakota · Nov 30, 2009

Qualified immunity protects government officials from civil lawsuits unless “ ‘their conduct violates a clearly established constitutional or statutory right of which a reasonable person would have known.’” Anderson v. … was clearly established at the time of the deprivation.” 2 Howard v.

Causey v. Parish of Tangipahoa

167 F. Supp. 2d 898 · District Court, E.D. Louisiana · Apr 12, 2001

As stated above, the question of whether a public official is covered by qualified immunity entails a two step inquiry. First, the court must find that the official violated a clearly established constitutional right. … These claims are clearly insufficient to overcome Sergeant Price’s defense of qualified immunity and the Court shall deal with the allegations in summary fashion.

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.”

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.

Leopardi v. Township of Maple Shade

363 N.J. Super. 313 · New Jersey Superior Court Appellate Division · Oct 14, 2003

Potentially liable parties, however, are entitled to qualified immunity if their conduct “does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … Qualified immunity claims involve a two-step analysis.

A.B. ex rel. B.S. v. Adams-Arapahoe 28J School District

831 F. Supp. 2d 1226 · District Court, D. Colorado · Nov 28, 2011

Was the constitutional violation clearly established? Rice has asserted qualified immunity as a defense to these claims. Thus, she is liable only if her actions violated a clearly established constitutional right. … Burke also asserts qualified immunity. Therefore, she is liable for these constitutional violations only if they were clearly established at the time they were committed.

Bennie F. Calhoun v. New York State Division of Parole Officers: J. McQuire Ted Clark R. White and G. Stern

999 F.2d 647 · Court of Appeals for the Second Circuit · Jul 23, 1993

Qualified Immunity The doetrine of qualified immunity shields state officials from liability for damages if their actions did not violate “clearly established statutory or constitutional rights of which a reasonable person … Since in these circumstances the constitutional right now claimed by Calhoun was not clearly established in the spring of 1985, defendants White and Stern were entitled to qualified immunity.

Barham v. Salazar

556 F.3d 844 · Court of Appeals for the D.C. Circuit · Feb 20, 2009

United States, “[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 … If that question is answered in the affirmative, the court then asks whether the constitutional right was clearly established. Ramsey, 434 F.3d at 572 (citing Saucier, 533 U.S. at 201, 121 S.Ct. 2151 ).

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

Siefert v. Hamilton Cnty. Bd. of Comm'rs

354 F. Supp. 3d 815 · District Court, S.D. Ohio · Nov 15, 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 … Williams-Ash , this Court cannot conclude that County Defendants have violated a clearly established procedural due process right. The County Defendants therefore are entitled to qualified immunity on this claim. c.

Kyle Beatty v. Clinton Gardner

Court of Appeals for the Third Circuit · Sep 16, 2026

But because that limit was not clearly established at the time, qualified immunity shields them from liability. So we will affirm the District Court’s summary judgment for the officers. I. … Several of our sister circuits have previously granted qualified immunity from similar claims, reasoning that there is no clearly established “First Amendment right to re- main silent when questioned by the police.”

Bakos v. Roach

California Court of Appeal · Jan 29, 2025

Defendants cross-appeal, challenging the trial court’s conclusion that they lack qualified immunity. … entitlement to qualified immunity.

David L. Canedy, Jr. v. Peggy Boardman, Jeffrey P. Endicott, Karen Radtke, and John Bell

91 F.3d 30 · Court of Appeals for the Seventh Circuit · Jul 19, 1996

As the district court noted, qualified immunity was therefore available as a complete defense. … The district court properly applied the defense of qualified immunity here.

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

Clara Cheeks v. Mark Jakob

80 F.4th 872 · Court of Appeals for the Eighth Circuit · Sep 1, 2023

of clearly established law.” … As the Supreme Court has often reminded us, defeating qualified immunity requires a constitutional rule that was “clearly established,” not just “suggested by . . . precedent.” City of Tahlequah v. Bond, 142 S.

Harris v. Coweta County

433 F.3d 807 · Court of Appeals for the Eleventh Circuit · Dec 23, 2005

The defendants having established their eligibility for qualified immunity, the burden then shifts to the plaintiff to show that qualified immunity is not appro *812 priate. Lee, 284 F.3d at 1194 . … Is Scott entitled to qualified immunity?