Case law

Ellen Storck v. City of Coral Springs

354 F.3d 1307 · Court of Appeals for the Eleventh Circuit · Dec 30, 2003

[are] specific enough to establish clearly the law applicable to particular conduct and circumstances and to overcome qualified immunity, even in the total absence of case law. … In short, we are satisfied that Storck failed to establish a constitutional violation, and that even if she did, she has not shown that it was “clearly established,” within the meaning of qualified immunity analysis.

Don Waldrop v. David C. Evans, Frank Fodor, M.D., T.G. Smith, M.D.

871 F.2d 1030 · Court of Appeals for the Eleventh Circuit · Apr 28, 1989

The court then concluded that be *1034 cause a prisoner’s right to psychiatric care was clearly established under the Eighth Amendment, appellants could not rely on the defense of qualified immunity. Id. at 846-47 . … violation of clearly established law.

Harold Fish v. Tim Brown

838 F.3d 1153 · Court of Appeals for the Eleventh Circuit · Oct 3, 2016

government official; so, qualified immunity applies. … Sauls, 206 F.3d 1156, 1165 (11th Cir. 2000) (“[A] police officer is entitled to qualified immunity if a reasonable police officer could have believed his or her actions were lawful in light of clearly established law and

Schmelz v. Monroe County

954 F.2d 1540 · Court of Appeals for the Eleventh Circuit · Feb 19, 1992

Good faith qualified immunity is a doctrine that protects government employees from suit for actions that “ ‘legitimately require action in which clearly established rights are not implicated’ ” and the public interest would … Once qualified immunity is asserted by the defendants, the plaintiff must show that the law was clearly established that the defendants’ acts rose to the level of “deliberate indifference.” Edwards, 867 F.2d at 1275 .

Rivas v. Freeman

940 F.2d 1491 · Court of Appeals for the Eleventh Circuit · Sep 9, 1991

In Harlow , the Supreme Court further stated that if the law regarding an individual’s constitutional or statutory rights is clearly established, the qualified immunity defense ordinarily should fail. … The district court denied the deputies’ claim to qualified immunity noting that their combined conduct violated Rivas’s clearly established constitutional rights.

Deon Johnston v. Deputy Sean M. Carlson

Court of Appeals for the Eleventh Circuit · Jul 14, 2025

Qualified immunity protects police officers from liability for civil damages if their conduct “does not violate clearly established statutory or constitutional rights of which a reasonable person would … Put another way, “the arguable probable cause inquiry in a false arrest case is no different from the clearly established law inquiry in any other qualified immunity case.

Jeffrey Cozzi v. Cedrick Thomas

892 F.3d 1288 · Court of Appeals for the Eleventh Circuit · Jun 19, 2018

Because Cozzi was arrested without arguable probable cause, “[t]he second qualified immunity inquiry is, in the context of this case, straightforward: our binding precedent clearly established, at the time of [Cozzi’s] … established law and thus is not entitled to qualified immunity.

Albert Darruthy v. City of Miami

351 F.3d 1080 · Court of Appeals for the Eleventh Circuit · Nov 26, 2003

Ferraro: 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 … [are] specific enough to establish clearly the law applicable to particular conduct and circumstances and to overcome qualified immunity, even in the total absence of case law.

Coffin v. Brandau

609 F.3d 1204 · Court of Appeals for the Eleventh Circuit · Jun 22, 2010

To strip the Deputies of qualified immunity, the Coffins must have had a clearly established Fourth Amendment right to be free from a warrantless entry of their garage or warrantless arrest therein. … Therefore, we conclude that the Deputies’ “conduct was not so clearly established as to justify stripping [them] of *1214 qualified immunity.” McClish, 483 F.3d at 1249 . IV.

Douglas M. Jones v. Richard A. Heyman

888 F.2d 1328 · Court of Appeals for the Eleventh Circuit · Nov 22, 1989

The mayor also asserted that his decision to remove Jones was protected by the qualified immunity doctrine because the mayor did not violate Jones’ clearly established First Amendment rights. … Second, he contends he is entitled to qualified immunity for his discretionary decision to remove Jones from the meeting.

Sheila T. Harper v. Lawrence County

584 F.3d 1030 · Court of Appeals for the Eleventh Circuit · Oct 7, 2009

on qualified immunity. … Were Harper’s rights clearly established at the time?

Salvato Ex Rel. Estate of Salvato v. Miley

790 F.3d 1286 · Court of Appeals for the Eleventh Circuit · Jun 25, 2015

We affirm the denial of Miley’s motion for qualified immunity and remand for further proceedings. … Miley Is Not Entitled to Qualified Immunity.

Hartsfield v. Lemacks

50 F.3d 950 · Court of Appeals for the Eleventh Circuit · Jun 14, 1995

This court utilizes a two-part analysis for the defense of qualified immunity. … In Lassiter, we explained that for law to be clearly established in the qualified immunity context, “pre-existing law must dictate, that is truly compel (not just suggest or allow or raise a question about), the conclusion

Parker v. American Traffic Solutions, Inc.

835 F.3d 1363 · Court of Appeals for the Eleventh Circuit · Aug 31, 2016

It is by now well-established that an order denying federal qualified immunity satisfies the above requirements. See Schmelz v. Monroe Cty., 954 F.2d 1540 , 1543 (11th Cir. 1992) (citing Mitchell v. … Rule 38 sanctions are appropriately imposed against appellants who raise “clearly frivolous claims in the face of established law and clear facts.” Farese v.

Smith v. Mattox

127 F.3d 1416 · Court of Appeals for the Eleventh Circuit · Nov 19, 1997

immunity grounds to the extent the appeal concerns pure issues of law, such as whether the law was clearly established); Cottrell v. … An official sued as an individual is entitled to qualified immunity if his conduct "does not violate clearly established statutory or constitutional rights of which a reasonable person would have known."6 A reasonable official's

Robbin Amanda Bayse v. Ted Philbin

Court of Appeals for the Eleventh Circuit · Aug 1, 2025

Although the magistrate judge acknowledged that “the law can be ‘clearly established’ for qualified immunity purposes only by decisions of the U.S. … “In this circuit, the law can be ‘clearly established’ for qualified immunity purposes only by decisions of the U.S.

Fennell v. Gilstrap

559 F.3d 1212 · Court of Appeals for the Eleventh Circuit · Feb 27, 2009

The court then examined whether Gilstrap’s actions violated clearly established law. (Id. at 33.) … in violation of clearly established law.

Anthony Wayne Hardigree v. Marc Lofton

992 F.3d 1216 · Court of Appeals for the Eleventh Circuit · Apr 6, 2021

Immunity is appropriate so long as “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … Once an official asserting qualified immunity establishes that he was acting within his discretionary authority—which is not in question here—the burden shifts to the plaintiff to show that qualified immunity is improper

Collins v. School Board of Dade County

981 F.2d 1203 · Court of Appeals for the Eleventh Circuit · Jan 26, 1993

Most important for qualified immunity purposes, Loudermill established no bright line test for when a delay would become a constitutional violation. 4 See generally Barts v. … Joyner, 865 F.2d 1187, 1194 (11th Cir.1989) (“Harlow’s ‘clearly established’ standard requires that a bright line be crossed” if defense of qualified immunity is to be overcome).

Bonny Edward Taylor v. Henry P. Hughes

920 F.3d 729 · Court of Appeals for the Eleventh Circuit · Apr 3, 2019

Constitutional claims and qualified immunity Qualified immunity shields “government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … There are two parts to the qualified-immunity analysis: (1) the relevant facts must set forth a violation of a constitutional right, and (2) the defendant must have violated a constitutional right that was clearly established