Case law

Hicks v. Feeney

770 F.2d 375 · Court of Appeals for the Third Circuit · Aug 26, 1985

Fauver, 544 F.Supp. 584, 607 (D.N.J.1982) (although legal principles clearly established, qualified immunity granted because specific question not yet resolved). … Thus, Feeney’s entitlement to qualified immunity hinges on whether it was clearly established that Hicks’s confinement after the initial 72-hour period violated his constitutional rights.

Henry Lyons v. F. Wayne Vaught

875 F.3d 1168 · Court of Appeals for the Eighth Circuit · Nov 22, 2017

Defendants moved to dismiss the SAC, arguing they are entitled to qualified immunity because at the time of the alleged retaliation, “it was not clearly established that a teacher complaining about academic favoritism towards … “Qualified immunity attaches when an official’s conduct does not violate clearly established . . . constitutional rights of which a reasonable person would have known.” White v. Pauly, 137 S.

Estate of Kirby v. Duva

530 F.3d 475 · Court of Appeals for the Sixth Circuit · Jun 27, 2008

Because it was clearly established at the time of the shooting that deadly force could not be used against a non-dangerous fleeing felon, qualified immunity was properly denied on the facts as presented in this case. I. … was clearly established.”

Franklin v. Johns

436 F. App'x 210 · Court of Appeals for the Fourth Circuit · Jun 30, 2011

Zalaski v. City of Hartford

723 F.3d 382 · Court of Appeals for the Second Circuit · Jul 23, 2013

Qualified immunity shields law enforcement officers from § 1983 claims for money damages provided that their conduct does not violate clearly established constitutional rights … Thus, even if a right is clearly established in certain respects, qualified immunity will still shield an officer from liability if “officers of reasonable competence could disagree” on the legality of the action at issue

Estate Of William J. Bing

456 F.3d 555 · Court of Appeals for the Sixth Circuit · Aug 1, 2006

For the same reason, the plaintiffs' destruction of property claim based on the house fire is also barred by the officers' qualified immunity. 66 In a qualified immunity analysis, the "first inquiry must be whether a constitutional … The Supreme Court has not clearly established such a right, nor has this court or other circuits. See Daugherty v.

Lyniece Nelson v. City of Madison Heights

845 F.3d 695 · Court of Appeals for the Sixth Circuit · Jan 9, 2017

Page 6 “Government officials performing discretionary functions are afforded qualified immunity . . . as long as their conduct ‘does not violate clearly established statutory or constitutional rights of which a reasonable … However, Officer Wolowiec does not argue the interfamilial relations issue as a denial of qualified immunity.

Marty Emmons v. City of Escondido

921 F.3d 1172 · Court of Appeals for the Ninth Circuit · Apr 25, 2019

, and therefore the officer was entitled to qualified immunity. … Qualified immunity shields government officials from liability for civil damages when “their conduct does not violate clearly established statutory or constitutional rights  EMMONS V.

HILL v. McKINLEY

311 F.3d 899 · Court of Appeals for the Eighth Circuit · Nov 26, 2002

a constitutional violation, we believe the defendants were entitled to qualified immunity on the ground that their actions did not violate clearly established law. … More recently, the Supreme Court reiterated the test for determining whether the law was "clearly established" for the purpose of granting qualified immunity.

Michael Bourne v. Michael Gunnels

921 F.3d 484 · Court of Appeals for the Fifth Circuit · Apr 16, 2019

Humphrey, 512 U.S. 477 (1994), and its progeny, or, alter- natively, (3) defendants are entitled to qualified immunity (“QI”) from his claims because he did not establish a constitutional violation. … “A qualified immunity defense alters the usual summary judgment bur- den of proof.” Brown v. Callahan, 623 F.3d 249, 253 (5th Cir. 2010).

Derrick Sanderlin v. Jason Dwyer

116 F.4th 905 · Court of Appeals for the Ninth Circuit · Sep 4, 2024

immunity because he did not violate clearly established law. … We now turn to the second prong of qualified immunity—whether the right violated was “clearly established.” We ask whether the law was “clearly established at the time an action occurred.”

In Re Copley Press, Inc.

518 F.3d 1022 · Court of Appeals for the Ninth Circuit · Mar 4, 2008

United States, 873 F.2d 1210, 1213 (9th Cir.1989), though logic alone, even without experience, may be enough to establish the right. See Seattle Times Co. v. U.S. Dist. … The court didn't clearly err in so finding and, in light of that finding, its decision to unseal these portions of the documents was not an abuse of discretion.

Ronda Rae Jones v. Steven Naert

121 F.4th 558 · Court of Appeals for the Sixth Circuit · Nov 12, 2024

To overcome Officer Steven Naert’s qualified-immunity defense, Ronda Jones must show not just that Naert violated the Constitution but also that the existing law clearly established this violation. … Rather, I would jump straight to the second qualified-immunity element: Naert did not violate clearly established law by concluding that he had probable cause to arrest Jones. See Beck v.

Freeman v. Blair

862 F.2d 1330 · Court of Appeals for the Eighth Circuit · Dec 14, 1988

A. of our earlier decision, in which we held that Blair and Massa are not entitled to absolute immunity. See 793 F.2d at 171-73. We turn to the issues of qualified immunity. … Consequently, we must conclude that defendants are not entitled to qualified immunity with respect to this claim.

United States v. Ledford (Geneva Saylor)

991 F.2d 797 · Court of Appeals for the Sixth Circuit · Apr 6, 1993

Nelson Edwards v. Michael Jolliff-Blake

Court of Appeals for the Seventh Circuit · Nov 1, 2018

  that  constitutional  right  was  clearly  established  at  the  time  of  the  alleged  violation.”  …   immunity);  Junkert,  610 F.3d at 370 (concluding officers were entitled to qualified  immunity based on  their reasonable  belief that  the  affidavit  established probable cause even though it left “much to be de‐ sired”)

Beier v. City of Lewiston

354 F.3d 1058 · Court of Appeals for the Ninth Circuit · Jan 14, 2004

The Supreme Court reasoned that the consequences of such an argument would be “intolerable,” because the qualified immunity right would be easily defeated as long as the complaint alleges violation of one clearly established … Clearly Established Right “ ‘[C]learly established’ for purposes of qualified immunity means that ‘[t]he contours of the right must be sufficiently clear that a reasonable official would understand that what he is doing violates

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.

Greg Myers, Etc. v. R. Kathleen Morris, Scott County Attorney, Etc.

810 F.2d 1437 · Court of Appeals for the Eighth Circuit · Apr 9, 1987

of clearly established legal norms. … If they do, however, defendants Johnson, Ma-nahan and Walling are shielded by qualified immunity from further litigation of these claims in the absence of any identified legal duty to behave otherwise or any clearly established

Bledsoe v. Board Cty Comm. Jefferson KS

53 F.4th 589 · Court of Appeals for the Tenth Circuit · Nov 15, 2022

was clearly established. … The majority cites Shaw, without further elaboration, to hold that Appellants “are entitled to qualified immunity on Bledsoe’s failure-to-intervene claim because such a claim was not clearly established in 1999.”