Case law

Alvarado v. City of New York

482 F. Supp. 2d 341 · District Court, S.D. New York · Apr 26, 2007

QUALIFIED IMMUNITY AND ALVARADO’S UNLAWFUL SEARCH CLAIM Alvarado argues that the Court should not have dismissed his unlawful search claim on qualified immunity grounds as a material factual dispute remained regarding the … Only Supreme Court and Second Circuit precedent existing at the time of the alleged violation is relevant in deciding whether a right is clearly established.”).

Mowbray v. Kozlowski

724 F. Supp. 404 · District Court, W.D. Virginia · Oct 25, 1989

Under Harlow , state officials are protected by qualified immunity if the conduct complained of by the plaintiffs "did not violate clearly established statutory or constitutional rights of which a reasonable person should … Qualified immunity is " immunity from suit rather than a mere defense to liability; and like absolute immunity it is effectively lost if a case is erroneously permitted to go to trial."

Pennycuff v. McNutt

95 F. Supp. 3d 1325 · District Court, W.D. Oklahoma · Mar 5, 2015

Qualified Immunity Defendants assert that plaintiffs 42 U.S.C. § 1983 claim should be dismissed because they are entitled to qualified immunity. … “When a defendant pleads qualified immunity, the plaintiff has the heavy burden of establishing: (1) that the defendant’s actions violated a federal constitutional or statutory right; and (2) that the right violated was clearly

Prue v. City of Syracuse

26 F.3d 14 · Court of Appeals for the Second Circuit · Jun 6, 1994

The doctrine of qualified immunity shields government officials performing discretionary functions from liability for civil damages “insofar as their conduct does not violate clearly established statutory or constitutional … To establish qualified immunity, defendants must show either that their conduct “did not violate ‘clearly established rights’ of which a reasonable person would have known, or that it was ‘objectively reasonable’ to believe

Kovats v. Rutgers

633 F. Supp. 1469 · District Court, D. New Jersey · Apr 24, 1986

The Third Circuit recently reviewed the ambiguities of Harlow’s “clearly established” requirement. In People of Three Mile Island v. … The state of the law was therefore clearly established at the time of plaintiffs’ termination. Defendants should have related Perry and Roth to the instant situation. Hicks v.

Sanchez v. Nunemaker

Court of Appeals for the Fifth Circuit · Jun 23, 2026

and that defeat a qualified immunity defense with equal specificity.” … Clearly Established Law We next address whether the constitutional right in question was clearly established at the time of the violation. See Harmon, 16 F.4th at 1163.

Richard E. Maul v. Dr. Evan Constan, Anthony Metzcus, and Richard Gore

928 F.2d 784 · Court of Appeals for the Seventh Circuit · Apr 1, 1991

The defendants clearly did not press a qualified immunity defense in any pretrial motions, at the pretrial conference, or at trial. … Aquino, 863 F.2d 1037 , 1041 n. 5 (1st Cir.1988), which says that a defendant “who has appropriately pleaded the affirmative defense of qualified immunity may establish his right to immunity at any point in the proceedings

Kwai Fun Wong v. United States

373 F.3d 952 · Court of Appeals for the Ninth Circuit · Jun 25, 2004

The qualified immunity defense “ ‘shield[s] [government agents] from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … Whether the Law Was Clearly Established Even where a constitutional violation has occurred, whether an official asserting qualified immunity may be held liable “generally turns on the ‘objective legal reasonableness’ of the

Tucker v. Evans

276 F.3d 999 · Court of Appeals for the Eighth Circuit · Jan 14, 2002

Lawrence County, 144 F.3d 1131, 1134 (8th Cir. 1998). 5 The prison employees are entitled to qualified immunity unless they violated Tucker's "clearly established" constitutional rights. Harlow v. … There was no violation of clearly established law in the training of Daniels, and thus the claim is without merit. III.

Schneeweis v. Jacobs

771 F. Supp. 733 · District Court, E.D. Virginia · Jul 29, 1991

Where qualified immunity is raised as an affirmative defense to liability in a § 1983 action, the court must first address the threshold issue of whether the plaintiff has alleged “the violation of a clearly established constitutional … Schneeweis cannot overcome the defense of qualified immunity as she cannot establish that her suspension violated any clearly established constitutional rights of which a reasonable school official would have known or that

Joseph Walton, as Next Friend of Christopher Walton, a Minor v. Alma Alexander, Alma Alexander

44 F.3d 1297 · Court of Appeals for the Fifth Circuit · Feb 17, 1995

City of Houston, 14 F.3d 1056, 1060 (5th Cir.1994) (finding summary judgment proper on qualified immunity grounds when no constitutional infringement established); Quives v. … immunity from this lawsuit if the constitutional allegations were not clearly established law at the *1306 time of the sexual abuse.

Rivera-García v. Román-Carrero

938 F. Supp. 2d 189 · District Court, D. Puerto Rico · Jan 3, 2013

For that reason, I proceed to his argument for qualified immunity. 2. … Qualified Immunity and “Clearly Established” Rights Sosa-Vega asserts that even if the Fourth Amendment properly applies, he is entitled to qualified immunity.

Lorne Battiste v. Sheriff of Broward County

261 F. App'x 199 · Court of Appeals for the Eleventh Circuit · Jan 7, 2008

A defense of qualified immunity may be addressed in a motion to dismiss, which will be granted if the “complaint fails to allege the violation of a clearly established constitutional right.” St. George v. … The Supreme Court has established a two-part test for determining whether an officer is entitled to qualified immunity.

Porterfield v. Lott

156 F.3d 563 · Court of Appeals for the Fourth Circuit · Sep 22, 1998

not violate clearly established rights of which a reasonable person would have known." … Officials lose the protection of the immunity if they violate a constitutional or statutory right of the plaintiff and the right was clearly established at the time of the alleged violation such that an objectively reasonable

Pearson v. City of Paris

839 F. Supp. 645 · District Court, W.D. Arkansas · Dec 2, 1993

Qualified Immunity- Defendant Ford’s final argument is that he is entitled to qualified immunity as a “government official performing discretionary functions.” … Once a court determines as a matter of law that a legal standard governing the governmental action at issue was clearly established, there' is no qualified immunity. Id.

Lance v. Board of County Commissioners

985 F.3d 787 · Court of Appeals for the Tenth Circuit · Jan 19, 2021

Violation of a Clearly Established Right Although Mr. … lack of a clearly established right.

Michael W. Showers v. Steven A. Spangler

182 F.3d 165 · Court of Appeals for the Third Circuit · Jun 29, 1999

"[G]overnment officials performing discretionary functions generally are granted a qualified immunity and are `shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory … entitled to qualified immunity.

Toler v. Troutt

631 F. App'x 545 · Court of Appeals for the Tenth Circuit · Nov 12, 2015

They filed this interlocutory appeal based on qualified immunity. … If such a general statement of the constitutional violation that must be clearly established were sufficient, qualified immunity would almost never be granted.

Maxcie Thomas v. Houston Talley

Court of Appeals for the Eighth Circuit · May 25, 2001

Qualified immunity "shield[s] [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 would have … immunity ... typically, the issue whether the federal right allegedly infringed was 'clearly established' " (emphasis in original).

Gregorich v. Lund

54 F.3d 410 · Court of Appeals for the Seventh Circuit · May 9, 1995

a “clearly established” constitutional right “of which a reasonable person would have known.” … Gregorich responds *414 that this right was clearly established. We review the district court’s decision to deny Justice Lund qualified immunity de novo. Bakalis, 35 F.3d at 322 . 2.