Case law

Moreland v. Dorsey

230 F. Supp. 2d 1338 · District Court, N.D. Georgia · Sep 11, 2002

Even if the court finds that a public official violated the plaintiffs constitutional rights, the official is entitled to qualified immunity if that particular right was not clearly established at the time of the alleged … Thus, the determination of defendants’ qualified immunity defense turns on whether a clearly established right was violated by their conduct.

Karen Deloach Collins, as Personal Representative of the Estate of Benny Deloach v. Matthew Schantz

Court of Appeals of Georgia · Sep 26, 2023

See id. at 123 (1) (referring to “[t]he doctrine of official immunity, also known as qualified immunity”; Gilbert v. … established law” to that effect.

Acoustic Systems, Inc. v. Wenger Corp.

207 F.3d 287 · Court of Appeals for the Fifth Circuit · Apr 3, 2000

trial or to the burdens of broad-reaching discovery in cases where the legal norms the officials are alleged to have violated were not clearly established at the time. … Cole, 504 U.S. 158, 167-68 (1992)(private defendants may not invoke qualified immunity when charged with 42.

Diane M. Wilson v. Ugo Formigoni, Carlos Deeb and Bruce Wilosinski

42 F.3d 1060 · Court of Appeals for the Seventh Circuit · Dec 14, 1994

The court found, however, that it was not clearly established that Youngberg applied to those voluntary patients who were in reality committed involuntarily. … Under the doctrine of qualified immunity, government officials performing discretionary functions are shielded from liability for civil damages if “their conduct does not violate clearly established statutory or constitutional

Dwayne Volkman v. Lee Ryker

Court of Appeals for the Seventh Circuit · Dec 2, 2013

Qualified Immunity and “Clearly Established” Rights In  addition  to  ruling  against  Volkman  outright  on  the issue of constitutional protection, the district court found that the  defendants  were  shielded  by … Governmental  actors  performing  discretionary  functions enjoy “qualified immunity,” meaning that they are “shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory

Gunter v. Morrison

497 F.3d 868 · Court of Appeals for the Eighth Circuit · Aug 15, 2007

The question is whether this right was clearly established. … This right was clearly established. See, e.g., Zar v. S.D.

Anaya v. Crossroads Managed Care Systems, Inc.

195 F.3d 584 · Court of Appeals for the Tenth Circuit · Nov 2, 1999

Defendants in their individual capacities: Qualified Immunity To survive the summary judgment motion of the defendants in their individual capacities, the plaintiffs must establish that the law violated was clearly … Defendants in their individual capacities: Qualified Immunity To survive the summary judgment motion of the defendants in their individual capacities, the plaintiffs must establish that the law violated was clearly

Hughes v. New Hampshire Division of Aeronautics

152 N.H. 30 · Supreme Court of New Hampshire · Mar 22, 2005

We have employed a three-part test to determine whether a public official is entitled to qualified immunity: (1) whether a plaintiff has established a constitutional violation; (2) whether that right was clearly established … Therefore, Hodgdon and Bradley are entitled to qualified immunity; they cannot be sued under 42 U.S.C. § 1983 in their individual capacities.

Duncan v. Goedeke and Cleasey

837 F. Supp. 846 · District Court, S.D. Texas · Nov 22, 1993

Under the doctrine of qualified immunity, federal officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory … In order to overcome a defendant official's qualified immunity from Bivens suits, a plaintiff claiming violation of constitutional rights must first show that these rights were clearly established at the time of the conduct

D'AGOSTINO v. New York State Liquor Authority

913 F. Supp. 757 · District Court, W.D. New York · Jan 30, 1996

for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … by qualified immunity.

Riley

District Court, N.D. Georgia · Mar 4, 2026

So, to avoid qualified immunity, Plaintiff must present evidence that these Defendants violated his statutory or constitutional rights and that it was “clearly established at the time” that their conduct did … Turning to qualified immunity, the Eleventh Circuit—citing Hale and other cases—determined the sheriff violated clearly established law. Id. at 1034.

Avratin v. Bermudez

420 F. Supp. 2d 1121 · District Court, S.D. California · Jan 5, 2006

Qualified immunity shields government officials performing discretionary functions from liability for civil damages unless their conduct violates clearly established statutory or constitutional rights of which a reasonable … Clearly Established Right Having satisfied the first prong of the qualified immunity analysis, the Court must consider whether “it would be clear to a reasonable officer that his conduct was unlawful in the situation he confronted

Gobert v. Caldwell

463 F.3d 339 · Court of Appeals for the Fifth Circuit · Aug 29, 2006

Hegmann, 198 F.3d 153, 159 (5th Cir. 1999) (quoting Estelle). 14 “Once raised, a plaintiff has the burden to rebut the qualified immunity defense by establishing that the official's allegedly wrongful conduct … violated clearly established law.”

Komlosi v. The New York State Office Of Mental Retardation And Developmental Disabilities

64 F.3d 810 · Court of Appeals for the Second Circuit · Sep 7, 1995

Qualified Immunity. 28 The doctrine of qualified immunity protects government officials from personal liability if their conduct either " 'did not violate "clearly established rights" of which a reasonable person would have … known that their suspension of Komlosi without pay constituted a violation of a clearly established right.

Earnise Pam v. City of Evansville

Court of Appeals for the Seventh Circuit · Sep 26, 2025

The Qualified Immunity Test Qualified immunity protects government officials from lawsuits unless the plaintiff can show (1) the official violated his constitutional or statutory rights, and (2) the right was clearly established … Application of the Clearly Established Prong We turn to the application of clearly established law.

Christopher Franklin v. Jeffrey Young

790 F.3d 865 · Court of Appeals for the Eighth Circuit · Jun 25, 2015

“Summary judgment determinations are appealable when they resolve a dispute concerning an abstract issue of law relating to qualified immunity—typically, the issue whether the federal right allegedly infringed was clearly … established.”

Davis v. City of Las Vegas

478 F.3d 1048 · Court of Appeals for the Ninth Circuit · Feb 28, 2007

to qualified immunity. … immunity if the right violated was not "clearly established."

Maes v. Folberg

504 F. Supp. 2d 339 · District Court, N.D. Illinois · Jun 27, 2007

Once a qualified immunity defense is raised, it is plaintiffs burden to establish that her constitutional right was clearly established. Boyd v. Owen, 481 F.3d 520, 527 (7th Cir.2007) (internal citations omitted). … by qualified immunity.

Billie M. Ireland v. Gary L. Tunis, Richard Thompson, John Meiers, and Richard D. Kuhn

113 F.3d 1435 · Court of Appeals for the Sixth Circuit · Jun 26, 1997

Accordingly, because Meiers’s actions in swearing to the complaint were objectively reasonable and violated no clearly established law, we hold that Meiers is entitled to qualified immunity under the Malley formulation. … immunity because his involvement was objectively reasonable and violated no clearly established law.

Carolyn Comstock v. Norris McCrary v. S. Thyagarajan and David Howell

273 F.3d 693 · Court of Appeals for the Sixth Circuit · Dec 12, 2001

of this appeal, “ ‘show[ ] a violation of clearly established law,’ not on ‘which facts the parties may be able to prove,’ the district court’s denial of qualified immunity is a ‘final order’ under 28 U.S.C. § 1291 , and … Qualified Immunity In civil suits for money damages, government officials acting in their official capacity are entitled to qualified immunity for discretionary acts which do not violate clearly established law of which a