Case law

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.

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.”

Florentina Demuth v. County of Los Angeles

798 F.3d 837 · Court of Appeals for the Ninth Circuit · Aug 14, 2015

We review the district court’s factual findings for clear error and its grant of qualified immunity de novo. … This doctrine protects government officials from suits for damages unless their actions violated “clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v.

Mcevoy v. Spencer

124 F.3d 92 · Court of Appeals for the Second Circuit · Aug 11, 1997

Qualified Immunity 15 The defense of qualified immunity shields government agents "from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which … A defendant pleading qualified immunity on a motion to dismiss is entitled to prevail if the allegations in the complaint fail to "state a claim of violation of clearly established law." Behrens v.

Charles Hamner v. Danny Burls

937 F.3d 1171 · Court of Appeals for the Eighth Circuit · Sep 11, 2019

was “clearly established.” … In evaluating an officer’s claim to qualified immunity, “[t]he dispositive question is whether the violative nature of particular conduct is clearly established.” Mullenix v. Luna, 136 S.

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

Almighty Supreme Born Allah v. Milling

876 F.3d 48 · Court of Appeals for the Second Circuit · Nov 22, 2017

“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 a reasonable person … Allah argues, and the district court concluded below, that Defendants are not entitled to qualified immunity because Wolfish and its progeny clearly established the “right to be free from punishment before guilt” under substantive

Thomas Mahoney v. Russell Kesery

976 F.2d 1054 · Court of Appeals for the Seventh Circuit · Sep 30, 1992

But if a reasonable officer would not have believed the person had committed a crime, then the officer, whatever he did or did not believe, is acting contrary to clearly established law and therefore has no immunity. … What is true is that often the question of immunity is one of law — specifically, it is the question: what was the clearly established rule of law when the officers committed the acts for which they are being sued?

Stepp v. Lockhart

Court of Appeals for the Tenth Circuit · Mar 3, 2026

On prong two of qualified immunity—clearly established law—the School District Defendants argue that the district court erred in relying on Goss. … Clearly established law To overcome qualified immunity for Principal Anderson and Mr. Blair, the Stepps still must show they violated clearly established First Amendment retaliation law.

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.

Jamal Murray v. State of Ohio Dep't of Corrections

Court of Appeals for the Sixth Circuit · Mar 30, 2022

motion is based on a claim of qualified immunity.” … Heyd is entitled to qualified immunity as a matter of law We now consider the merits of the qualified-immunity defense.

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.

Kerns v. Bader

Court of Appeals for the Tenth Circuit · Dec 20, 2011

And it proceeds to deny qualified immunity to all three defendants without pausing to address the clearly established law question. To be sure, the dissent appears very concerned by the fact that Mr. … B I disagree with the majority’s assertion that the district judge did not address the second prong of the qualified immunity analysis (the clearly established right prong).

Amy Young v. Gary S. Borders

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

Grawey v. Drury

567 F.3d 302 · Court of Appeals for the Sixth Circuit · May 28, 2009

Qualified Immunity Under the doctrine of qualified immunity, “government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly … Clearly Established Constitutional Right The next step of our qualified immunity analysis is whether the alleged violations involved a constitutional right that was clearly established at the time of the alleged misconduct

Russell v. Coughlin

910 F.2d 75 · Court of Appeals for the Second Circuit · Aug 2, 1990

On the eve of trial, defendants moved for summary judgment arguing that because Russell had no clearly established liberty interest in remaining out of keeplock they were protected by qualified immunity. … Even when such rights are clearly established, qualified immunity also protects a government official “if it was objectively reasonable for [the official] to believe that his acts did not violate those rights.”

Peggy Poe v. John Leonard, Defendant-Third Party-Plaintiff-Appellant, Douglas Pearl, State of Connecticut, Third-Party-Defendant

282 F.3d 123 · Court of Appeals for the Second Circuit · Feb 19, 2002

Qualified Immunity A. … We have found that a qualified immunity defense is established when “(a) the defendant’s action did not violate clearly established law, or (b) it was objectively reasonable for the defendant to believe that his action did

Ceramic Corp. of America v. Inka Maritime Corp.

1 F.3d 947 · Court of Appeals for the Ninth Circuit · Aug 6, 1993

Even where the defendant is amenable to process in the alternative forum, however, there may be “rare circumstances” in which the “remedy provided by the alternative forum is so clearly inadequate or unsatisfactory that it … Because Japan will “not permit litigation of the subject matter of the dispute,” we are confronted with one of those rare instances where the remedy 'provided by the alternative forum is *950 “clearly unsatisfactory.”

Jamie Kirkpatrick v. County of Washoe

843 F.3d 784 · Court of Appeals for the Ninth Circuit · Dec 9, 2016

“Qualified immunity is no immunity at all if ‘clearly established’ law can simply be defined as the right to be free from unreasonable searches and seizures.” Sheehan, 135 S.Ct. at 1776 . … , established, and they, .are therefore entitled to qualified immunity..on this claim.

Vaughn v. Greene County

438 F.3d 845 · Court of Appeals for the Eighth Circuit · Feb 17, 2006

did not specify the disputed facts on which it relied, thereby making it difficult for this court to "know what set of facts to assume when [we] answer[ ] the purely legal question about `clearly established' law." … Individual Liability of Sheriff Langston 12 "Qualified immunity protects a government official from liability in a [section] 1983 claim unless his or her conduct violated a clearly established statutory or constitutional