Case law

Robert D. Mastroianni v. Michael J. Bowers, Patrick D. Deering

173 F.3d 1363 · Court of Appeals for the Eleventh Circuit · Apr 29, 1999

which neither absolute nor qualified immunity is available. … , nor does it permit a reasonable inference that Jackson was sufficiently involved in this case such that he had reason to know that his conduct violated Mastroian-ni’s clearly established rights.

Scott v. City of Cleveland

555 F. Supp. 2d 890 · District Court, N.D. Ohio · May 13, 2008

State actors faced with a civil suit under § 1983 may be immune from liability for damages, but they enjoy a qualified, not absolute, immunity Harlow v. … clearly established.

Exford v. City of Montgomery

887 F. Supp. 2d 1210 · District Court, M.D. Alabama · Aug 24, 2012

United States, 457 F.3d 1088, 1096 (9th Cir.2006) (“In the absence of binding precedent, we look to whatever decisional law is available to ascertain whether the law is clearly established for *1222 qualified immunity purposes … the relevant law clearly enough to defeat qualified immunity.

Alburquerque v. Faz Alzamora

357 F. Supp. 2d 385 · District Court, D. Puerto Rico · Dec 9, 2004

Defendants additionally claim they are entitled to qualified immunity because their conduct did not violate clearly established statutory or constitutional rights a reasonable person would have known. … of which the plaintiff complains violated clearly established law.”

Xiques v. Knight

25 F. App'x 251 · Court of Appeals for the Sixth Circuit · Dec 5, 2001

We conclude that the defendant, a state prosecutor, is entitled to qualified immunity because her statements did not violate “clearly established” federal law, a requirement for recovering damages. Anderson v. … Creighton immunity may be overcome only by clearly established federal law, not state law.

Reid v. Simmons

163 F. Supp. 2d 81 · District Court, D. New Hampshire · Mar 30, 2001

Qualified Immunity. … A government official is entitled to qualified immunity from personal liability if the challenged “ ‘conduct [did] not violate clearly established statutory or constitutional rights of which a reasonable person would have

Massie v. Cobb County

255 F. Supp. 3d 1302 · District Court, N.D. Georgia · Jun 1, 2017

Accordingly, even if Gallimore’s conduct did violate Massie’s Fourth Amendment rights, that, violation did not run afoul of clearly established law, and Gallimore is entitled to qualified immunity. Smith v. … In' response, Massie argues in a cursory fashion that “the record in this case clearly establishes that ... Gallimore acted with actual malice.” [44] at 19. ...

Krish Singh v. City of Phoenix

124 F.4th 746 · Court of Appeals for the Ninth Circuit · Dec 26, 2024

DISCUSSION “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 … Qualified Immunity The district court held, and we agree, that Plaintiff has established a plausible, even though not conclusive, constitutional violation at step one of the qualified-immunity analysis.

Masters v. Gilmore

663 F. Supp. 2d 1027 · District Court, D. Colorado · Oct 5, 2009

The Law of Qualified Immunity Qualified immunity shields governmental officials performing discre *1042 tionary functions from liability for civil damages provided that their conduct does not violate clearly established constitutional … Masters cannot satisfy the second prong of qualified immunity analysis and show that the rights were clearly established at the time the violations occurred. Remarkably, Mr.

Barron v. Public Health Trust of Dade County

22 F. Supp. 2d 1368 · District Court, S.D. Florida · Aug 21, 1998

Miller, 57 F.3d 986, 991-93 (11th Cir.1995) (reversing district court’s denial of qualified immunity to defendants on plaintiffs’ First Amendment claims because it was not clearly established that transferring employees, … entitled to qualified immunity.

Estate of Burke v. Mahanoy City

40 F. Supp. 2d 274 · District Court, E.D. Pennsylvania · Mar 3, 1999

violated clearly established federal law.” … The Supreme Court has explained what it means by clearly established law for the purpose of qualified immunity: The contours of the right must be suffi.ciently clear that a reasonable official would understand what he is

Lopez v. Youngblood

609 F. Supp. 2d 1125 · District Court, E.D. California · Mar 31, 2009

Re: Court Returnees, Qualified Immunity and Eleventh Amendment Immunity 16). … Re: Court Returnees, Qualified Immunity and Eleventh Amendment Immunity 20-21).

Wagner v. County of Cattaraugus

866 F. Supp. 709 · District Court, W.D. New York · Oct 19, 1994

QUALIFIED IMMUNITY I also find that defendant Travis is not protected by qualified immunity. … Therefore, the first part of the qualified immunity consideration, that is, whether the police conduct here violated clearly established constitutional rights is not an issue in this case.

Eaton v. Estabrook

District Court, D. Connecticut · Jan 26, 2023

By requiring the law to be clearly established to a particularized degree, qualified immunity “protects all but the plainly incompetent or those who knowingly violate the law.” … Relevant to the second question, “even where the law is ‘clearly established’ and the scope of an official’s permissible conduct is ‘clearly defined,’ the qualified immunity defense also protects an official if it was ‘

FTW REVOCABLE TRUST v. Young

151 P.3d 811 · Hawaii Intermediate Court of Appeals · Feb 22, 2007

immunity because there exists no law giving Linda a clearly-established right to renew Stephen's mooring permit. … question of qualified immunity.

JAKLIN SUZETH GOTAY & Others v. JULIANN CREEN & Others

Massachusetts Supreme Judicial Court · Mar 21, 2025

Qualified immunity. … Government officials are entitled to qualified immunity from § 1983 claims for damages if "their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known

Zieper v. Metzinger

392 F. Supp. 2d 516 · District Court, S.D. New York · Aug 22, 2005

Amendment, I must consider whether the defendants have established that they are entitled to qualified immunity. … I conclude that such an inquiry would be too narrow, and conflates the “clearly established” prong of the qualified immunity inquiry with the “reasonable officer” prong.

Maldonado Maldonado v. Lausell

681 F. Supp. 111 · District Court, D. Puerto Rico · Jan 22, 1988

Before the Court can reach the merits of this claim, however, we must examine whether defendants are entitled to qualified immunity from suit, i.e., whether, at the time of Maldonado’s discharge, “clearly established law” … At a minimum, defendants further argue, they are entitled to qualified immunity on this fourteenth amendment claim because it was not clearly established in February 1985 that Maldonado would be entitled to a pretermination

Ramirez v. Granado

Court of Appeals for the Fifth Circuit · Dec 30, 2025

’s allegedly wrongful conduct violated clearly established law.’” … ) “whether that right was clearly established at the time of the violation.”

John Allen Caldwell v. Woodford County Chief Jailer, James Moore, Harry Stephen Tracy Rick Adkins Daniel E. Clark W. Keith Broughton

968 F.2d 595 · Court of Appeals for the Sixth Circuit · Jul 1, 1992

The question whether an official is protected by qualified immunity turns on “the objective legal reasonableness” of the action, assessed in light of the legal rules that were “clearly established” at the time the action … In Russo , we granted qualified immunity to the officers and noted that the use of a taser in order to avoid a dangerous situation or the resort to even greater force did not violate clearly established law.