Case law

Emma Jane Prospero v. Deputy Ryan Sullivan

Court of Appeals for the Eleventh Circuit · Sep 4, 2025

“[W]hen legal questions of qualified immunity are raised—either to determine whether any constitutional right was violated or whether the violation of that right was clearly established—interlocutory … Because a defendant’s “assertion of qualified immunity can be defeated only by a showing of ‘clearly established’ law, we will review not for actual probable cause but rather for ‘arguable’ probable

Laura Skop v. City of Atlanta, Georgia

485 F.3d 1130 · Court of Appeals for the Eleventh Circuit · May 3, 2007

Was the Violation Clearly Established? … The second qualified immunity inquiry is, in the context of this case, straightforward: our binding precedent clearly established, at the time of Skop’s arrest, that an arrest made without arguable probable cause violates

Anne Marie Gennusa v. Brian Canova

748 F.3d 1103 · Court of Appeals for the Eleventh Circuit · Apr 8, 2014

Canova were not protected by qualified immunity. Det. Marmo and Sgt. … The district court also denied qualified immunity to Det. Marmo and Sgt. Canova.

Robbie Autery v. Kevin Davis

355 F. App'x 253 · Court of Appeals for the Eleventh Circuit · Nov 12, 2009

Public officials are entitled to qualified immunity so long as their discretionary actions do not violate clearly established statutory or constitutional rights. Lewis v. … Even in the absence of Terry, Sheriff Davis would still be entitled to qualified immunity. In Foy v.

Waseem Daker v. Neil Warren

Court of Appeals for the Eleventh Circuit · Aug 3, 2022

. § 1983, for failure to state a claim and qualified immunity. 28 U.S.C. § 1915A. … (repeating that an of- ficial is entitled to qualified immunity unless the “unlawfulness of [his] conduct was ‘clearly established at the time’”).

Oladeinde v. Birmingham, City of

230 F.3d 1275 · Court of Appeals for the Eleventh Circuit · Oct 16, 2000

Applicability of Qualified Immunity for First Amendment Claims Chief Deutsch and Captain Walker contend that they are entitled to qualified immunity because they did not violate clearly established law. … "Government officials performing discretionary functions are entitled to qualified immunity 'insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person

Lewis Floyd, Jr., vs Duane Corder

426 F. App'x 790 · Court of Appeals for the Eleventh Circuit · May 13, 2011

To defeat qualified immunity, the plaintiff must show that “(1) the defendant violated a constitutional right, and (2) this right was clearly established at the time of the alleged violation.” Id. … immunity because his actions did not violate Floyd’s “clearly established rights.”

Karen Hardy v. Broward Co. Sheriff's Office

238 F. App'x 435 · Court of Appeals for the Eleventh Circuit · Jun 6, 2007

established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery.” … As we concluded above, Appellants failed to establish that the Deputies violated clearly established constitutional law, and therefore, the Deputies are entitled to qualified immunity.

Willie H. Bozeman v. Silas Orum, III

422 F.3d 1265 · Court of Appeals for the Eleventh Circuit · Aug 31, 2005

Qualified Immunity. This Court decided in Johnson v. Breeden, 280 F.3d 1308, 1321-22 (11th Cir.2002), that, where this kind of excessive force violation is established, “there is no room for qualified immunity.” II. … Qualified Immunity.

Alecia Kirby v. L.F. Sherwin

Court of Appeals for the Eleventh Circuit · Mar 24, 2023

Qualified immunity shields “government officials perform- ing discretionary functions . . . from liability for civil damages inso- far as their conduct does not violate clearly established statutory or … The Supreme Court has established a two-part test for evaluating a claim of qualified immunity.

Jeffrey L. Poulakis v. Michael Rogers

341 F. App'x 523 · Court of Appeals for the Eleventh Circuit · Aug 10, 2009

This Court has said clearly, consistently, and on numerous occasions that we may only consider the precedent of these courts in determining whether the case law has “clearly established” a right for qualified immunity purposes … establish qualified immunity.”

Devon W. Brown v. City of Atlanta

Court of Appeals for the Eleventh Circuit · Jun 25, 2019

With respect to such claim, the Officers would also have qualified immunity regarding their movement of chairs, looking behind counters, and looking into refrigerators as no clearly established precedent indicates that … Creighton, 483 U.S. 635, 641 (1987) (holding that an officer is entitled to qualified immunity if “a reasonable officer could have believed” that the search was lawful “in light of clearly established law and the information

Brent Jacoby v. Baldwin County

835 F.3d 1338 · Court of Appeals for the Eleventh Circuit · Aug 29, 2016

“In this [C]ircuit, the law can be ‘clearly established’ for qualified immunity purposes only by decisions of the U.S. … And Magluta looked to Hewitt to determine whether the liberty interest was clearly established for the purposes of the defendants’ qualified-immunity claim. See id. at 1283–84.

Vickey Horton Tapley v. Darrell Collins

211 F.3d 1210 · Court of Appeals for the Eleventh Circuit · May 5, 2000

Under this common-law defense, public officials sued in their individual capacities are entitled to qualified immunity when their actions do not violate “clearly established statutory or constitutional rights.” … established and deny them qualified immunity when they violate statutory rights that similarly are not clearly established.”

Melvin Alan Wood v. Michael Kesler, individually and in his capacity as an Alabama State Trooper, Brian Jones

323 F.3d 872 · Court of Appeals for the Eleventh Circuit · Mar 4, 2003

General Principles “Qualified immunity offers complete protection for government officials sued in their individual capacities if their conduct ‘does not violate clearly established statutory or constitutional rights … “If no constitutional right would have been violated were the allegations established, there is no necessity for further inquiries concerning qualified immunity.” Saucier, 533 U.S. at 201.

Treneshia Dukes v. Nicholas Deaton

852 F.3d 1035 · Court of Appeals for the Eleventh Circuit · Jan 26, 2017

Qualified immunity also protects Branham because his subordinate’s constitutional violation was not clearly established. A. Deaton is Entitled to Qualified Immunity. … Branham is entitled to qualified immunity because Deaton’s conduct was not a clearly established violation of the Fourth Amendment.

Georgia Carry Org, Inc. v. Brian Kabler

580 F. App'x 695 · Court of Appeals for the Eleventh Circuit · Aug 29, 2014

However, because Kabler was a government official acting within his discretionary authority, we must view this question through the lens of the qualified-immunity doctrine, which immunizes such a government official from … liability unless his conduct violates clearly-established 4  Case: 14-11225 Date Filed: 08/29/2014 Page: 5 of 8 federal law.

Marques A. Johnson v. James Dunn

83 F.4th 896 · Court of Appeals for the Eleventh Circuit · Oct 2, 2023

Dunn moved to dismiss Count I of both the initial and amended complaints on the ground that the doctrine of qualified immunity immunized him from suit. … established” prong of the qualified immunity analysis, I stop here and conclude that Officer Dunn is entitled to qualified immunity and that we need not address the first prong.

Dontrell Stephens v. Ric Bradshaw

879 F.3d 1157 · Court of Appeals for the Eleventh Circuit · Jan 10, 2018

the allegedly violated right was clearly established by governing case law. … Yet, Deputy Lin would still be entitled to qualified immunity if the law were not clearly established.

Mary E. Walters v. Paul Freeman

572 F. App'x 723 · Court of Appeals for the Eleventh Circuit · Jul 16, 2014

Towards that end, qualified immunity protects government officials engaged in discretionary functions and sued in their individual capacities unless they “violate[] clearly established federal statutory or constitutional … Because the facts, viewed in the light most favorable to Walters, demonstrate that Freeman violated her clearly established constitutional rights, the district court properly denied qualified immunity to Freeman.