Case law

Bernstein v. United States

990 F. Supp. 428 · District Court, D. South Carolina · Nov 10, 1997

Qualified Immunity. … Government officials performing discretionary functions are entitled to qualified immunity from liability for civil damages to the extent that “their conduct does not violate, clearly established statutory or constitutional

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

Andrew M. Rohman v. New York City Transit Authority (Nycta), Carmen J. Bianco

215 F.3d 208 · Court of Appeals for the Second Circuit · May 26, 2000

Resolution of those issues is not required to determine whether Bianco was entitled to qualified immunity because, if he is, immunity protects him irrespective of whether Rohman can establish the elements of malicious prosecution … clearly established at the time of the conduct; or (3) the defendant’s action was objectively legally reasonable in light of the legal rules that were clearly established at the time it was taken.

Carvajal v. Dominguez

542 F.3d 561 · Court of Appeals for the Seventh Circuit · Sep 5, 2008

An appeal of an order denying qualified immunity is a well-established application of this doctrine: “A district court’s denial of a claim of qualified immunity, to- the extent that it turns on an issue of law is an appealable … If not, the inquiry ends, and the officer has qualified immunity. If yes, then the second step is whether the violated right was clearly established.

Rodriguez v. The City Of New York

District Court, S.D. New York · Aug 22, 2022

were not clearly established for the purposes of qualified immunity.” … established for the purposes of the qualified immunity analysis.

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

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.

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.

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.

Wershing v. Hinckley Township

36 F. App'x 179 · Court of Appeals for the Sixth Circuit · May 15, 2002

Defendants moved for summary judgment on the basis of qualified immunity, which the district court denied. Defendants now raise five issues. … Second, whether Wershing has established that the constitutional right allegedly violated was a clearly established right of which a reasonable official in the individual Defendants’ position would have known.

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.

Roe v. City of Milwaukee

26 F. Supp. 2d 1119 · District Court, E.D. Wisconsin · Nov 2, 1998

Unless the constitutionality of the defendants’ conduct was clearly established in 1997—when they allegedly committed these acts—the defendants are entitled to qualified immunity. … to review the district court’s denial of qualified immunity.

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.

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).

Grancio v. De Vecchio

608 F. Supp. 2d 362 · District Court, E.D. New York · Mar 27, 2009

Grancio’s favor) clearly establish these Defendants’ direct involvement in the murder of Nicholas Grancio in concert with Scarpa their informant and, demonstrate unequivocally a violation of the by then clearly established … Qualified Immunity A government official is entitled to qualified immunity “if he did not violate clearly established law or it was objectively reasonable for him to believe that he was not violating clearly established law

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.

Chavez v. Illinois State Police

27 F. Supp. 2d 1053 · District Court, N.D. Illinois · Nov 5, 1998

To overcome a qualified immunity defense, the plaintiff must clear two separate hurdles. The plaintiff must show, first, that the right is, in fact, a clearly established right, Apostol v. … In the interests of completeness, the court will consider the second prong of the qualified immunity analysis and will assume, arguendo, that the plaintiffs have established that “freedom of movement” is a clearly established

Justice v. Town of Blackwell

820 F.2d 238 · Court of Appeals for the Seventh Circuit · May 29, 1987

he is entitled to qualified immunity. … Finally, the Town and Henkel contend that Cronin forfeited his qualified immunity by violating clearly established Wisconsin election law, Wis.Stats. § 6.92 et seq.

Jacob Doe v. The University of North Carolina System

133 F.4th 305 · Court of Appeals for the Fourth Circuit · Apr 4, 2025

The two-part qualified immunity inquiry is well-settled. … We agree with the employee defendants that a right to cross-examination in this context has not, up to this point, been clearly enough established to deny them the protection of qualified immunity.

Harris Ex Rel. the Estate of Jkhary Craft v. Lasseigne

602 F. App'x 218 · Court of Appeals for the Sixth Circuit · Feb 4, 2015

Lasseigne is entitled to qualified immunity if the court determines that his actions in shooting Craft “did not violate clearly established statutory or constitutional rights of which a reasonable person would have known. … It was clearly established at the time of the shooting that an officer violates the Fourth Amendment if he shoots a suspect without “probable cause to believe that the No. 14-1033 Harris v.