Case law

Jafet Castro-Reyes v. German Bosque

Court of Appeals for the Eleventh Circuit · Feb 6, 2026

Qualified Immunity “Qualified immunity offers complete protection for government officials sued in their individual capacities if their conduct ‘does not violate clearly established statutory … immunity under the clearly established law of this Circuit.

Charles Wade v. Gordon Lewis

Court of Appeals for the Eleventh Circuit · Sep 17, 2021

Thus, he contends that the law was not clearly established, and the district court erred in denying him qualified immunity. … In reversing the district court’s denial of qualified immunity and analyzing whether there was clearly established law, we distinguished Aldridge.

Paul Stephens v. Nick Degiovanni, individually

852 F.3d 1298 · Court of Appeals for the Eleventh Circuit · Mar 30, 2017

Qualified Immunity “Qualified immunity shields government officials from liability for civil damages for torts committed while performing discretionary duties unless their conduct violates a clearly established … “Concrete facts are generally necessary 14 “In this circuit, the law can be clearly established for qualified immunity purposes only by decisions of the U.S.

Roland Edger v. Krista McCabe

Court of Appeals for the Eleventh Circuit · Oct 20, 2023

Hollowell, 59 F.3d 1203, 1206 (11th Cir. 1995) (explaining that the qualified immunity inquiry under “clearly established law” is whether there was “arguable probable cause”). … Where we part ways with the district court is on the issue of arguable probable cause or the “clearly established law” prong of the qualified immunity analysis.

Oliver v. Fiorino

586 F.3d 898 · Court of Appeals for the Eleventh Circuit · Oct 26, 2009

Under this test, “the law is clearly established, and qualified immunity can be overcome, only if the standards set forth in Graham and our own case law inevitably lead every reasonable officer in [the defendant's] position … When measured against these facts, the officers violated a clearly established right. The district court properly rejected qualified immunity for Officers Burk and Fiorino. Accordingly, we affirm.

Deshawn Gervin v. Pamela Florence

139 F.4th 1236 · Court of Appeals for the Eleventh Circuit · Jun 9, 2025

Second, we leave the dis- cussion of qualified immunity for later. … I also agree that the Pro- bation Officer Defendants cannot claim qualified immunity.

Smith v. Siegelman

322 F.3d 1290 · Court of Appeals for the Eleventh Circuit · Feb 28, 2003

The qualified immunity defense may be raised and addressed on a motion to dismiss, and will be granted if the complaint "fails to allege the violation of a clearly established constitutional right." Chesser v. … B. 12 Qualified immunity protects government officials sued in their individual capacities as long as their conduct does not violate "clearly established statutory or constitutional rights of which a reasonable person would

Evans v. Hightower

117 F.3d 1318 · Court of Appeals for the Eleventh Circuit · Jul 25, 1997

that of negligence and Hightower was entitled to qualified immunity. … clearly established law based upon objective standards. Id.

Joann Cooper v. Ryan Black

503 F. App'x 672 · Court of Appeals for the Eleventh Circuit · Oct 12, 2012

When a defendant raises the defense of qualified immunity in a motion to dismiss, this court “review[s] the denial of [the] motion . . . de novo and determine[s] whether the complaint alleges a clearly established constitutional … For the same reasons Officer Black is entitled to qualified immunity for Appellees’ Fourth Amendment claims, he is also entitled to qualified immunity for the Fourteenth Amendment substantive due process claims.

Amy Young v. Gary S. Borders

850 F.3d 1274 · Court of Appeals for the Eleventh Circuit · Mar 16, 2017

Snider v. Jefferson State Community College

344 F.3d 1325 · Court of Appeals for the Eleventh Circuit · Sep 15, 2003

Defendants qualified immunity. … The defense of qualified immunity may be raised and addressed on a motion to dismiss and will be granted if the “complaint fails to allege the violation of a clearly established constitutional right.” Chesser v.

Melinda Holmes v. Steven C. Kucynda, Marty David Rolfe, James C. Bullock, Jason W. Poole, Cobb County, a Political Subdivision of the State of Georgia

321 F.3d 1069 · Court of Appeals for the Eleventh Circuit · Feb 13, 2003

The essence of qualified immunity is notice. See Hope v. Pelzer, 536 U.S. 730 , 122 S.Ct. 2508, 2515 , 153 L.Ed.2d 666 (2002). 8 Qualified immunity analysis proceeds in two steps. See Chesser v. … If no constitutional violation is established, then the defendants prevail, and “there is no necessity for further inquiries concerning qualified immunity.” Id.

Betty Willingham, Plaintiff-Appellee-Cross-Appellant v. James Loughnan, Brian Buecler, Defendants-Appellants-Cross-Appellees

321 F.3d 1299 · Court of Appeals for the Eleventh Circuit · Feb 18, 2003

The Officer Defendants are entitled to qualified immunity for their acts unless they — -given the circumstances — violated a “clearly established statutory or constitutional right[] of which a reasonable person would have … And we, in the absence of particularized caselaw, have acted to deny qualified immunity to officials whose use of force clearly exceeded the “hazy border” surrounding acceptable force.

Harbert International, Inc. v. James

157 F.3d 1271 · Court of Appeals for the Eleventh Circuit · Oct 14, 1998

clearly established law. … clearly established law, the doctrine of qualified immunity protects him.

Pickens v. Hollowell

59 F.3d 1203 · Court of Appeals for the Eleventh Circuit · Jul 31, 1995

In order for the law to be clearly established for purposes of qualified immunity, "the law must have earlier been developed in such a concrete and factually defined context to make it obvious to all reasonable government … Malley and Garmon clearly establish that a police officer is not protected by qualified immunity if he applies for an arrest warrant where "a reasonably well-trained officer ... would have known that his affidavit failed

Epps v. Watson

492 F.3d 1240 · Court of Appeals for the Eleventh Circuit · Jul 18, 2007

This is particularly true in cases involving qualified immunity, where we must determine whether a defendant's actions violated a clearly established right.”); Fullman v. … “Unless the plaintiff’s allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery.” Mitchell v.

Amnesty International, USA v. Battle

559 F.3d 1170 · Court of Appeals for the Eleventh Circuit · Feb 23, 2009

’ qualified immunity from suit. … Qualified Immunity “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

Kim D. Lee v. Luis Ferraro

284 F.3d 1188 · Court of Appeals for the Eleventh Circuit · Mar 5, 2002

Qualified immunity offers “complete protection for government officials sued in their individual capacities as long as ‘their conduct violates no clearly established statutory or constitutional rights of which a reasonable … Talladega City Bd. of Educ., 115 F.3d 821, 826 n.4 (11th Cir. 1997) (“In this circuit, the law can be clearly established for qualified immunity purposes only by decisions of the U.S.

Sharon Ann Belcher, as Administratrix of the Estate of Rocky L. Belcher, Deceased v. The City of Foley, Alabama, James Anderson Officer Jimmy Roberson Charles McKinley Dwain Riebeling, Sharon Ann Belcher, as Administratrix of the Estate of Rocky L. Belcher, Deceased v. The City of Foley, Alabama James Anderson Officer Jimmy Roberson Charles McKinley Dwain Riebeling

30 F.3d 1390 · Court of Appeals for the Eleventh Circuit · Sep 2, 1994

Thus, to overcome the defendants' qualified immunity, Mrs. … Belcher's death no decision had clearly established that Chief Anderson's actions or inactions constituted deliberate indifference, he is entitled to qualified immunity. 40 2.

Richard Marx, Individually and Kristina Marx, a Minor v. Glenn H. Gumbinner, Bruce H. Colton and Pamela J. Roebuck

855 F.2d 783 · Court of Appeals for the Eleventh Circuit · Sep 20, 1988

Thus, a government official who is potentially entitled to absolute immunity may seek to establish his immunity in the following manner. … prosecutors engage are, at most, accorded only qualified immunity.