Case law

Kirby v. City of Elizabeth City

388 F.3d 440 · Court of Appeals for the Fourth Circuit · Nov 3, 2004

First, Chief Hampton and Lieutenant Koch are entitled to qualified immunity. … Government officials performing discretionary functions are entitled to qualified immunity from liability for civil damages to the extent that "their conduct does not violate clearly established stat- utory or constitutional

Boles Et Al. v. Chavis

454 U.S. 907 · Supreme Court of the United States · Oct 13, 1981

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

Horn v. Adger

Court of Appeals for the Second Circuit · Jun 9, 2025

5 Callahan, 555 U.S. 223, 231 (2009) (explaining that qualified immunity protects government of- 6 ficials from liability “insofar as their conduct does not violate clearly established statutory or con- 7 stitutional … City of New York, 4 374 F.3d 93, 117 (2d Cir. 2004) (explaining that “a qualified immunity argument made” at a trial 5 on excessive force and battery claims “could not preserve a defense of qualified immunity to the

Bonner v. Outlaw

552 F.3d 673 · Court of Appeals for the Eighth Circuit · Jan 9, 2009

The district court denied Outlaw qualified immunity, concluding Bonner alleged the violation of a clearly established constitutional right. … B Bonner’s right to receive notice his packages were rejected was clearly established. This Court “has taken a broad view of what constitutes ‘clearly established lav/ for the purposes of a qualified immunity inquiry.”

Aurea E. Vazquez Rios v. Rafael Hernandez Colon, Etc.

819 F.2d 319 · Court of Appeals for the First Circuit · May 20, 1987

Certainly, the law was not in any sense “clearly established” to the contrary. … , have granted the defendants’ motion for partial summary judgment on the basis of their qualified immunity.

Kompare v. Stein

801 F.2d 883 · Court of Appeals for the Seventh Circuit · Sep 4, 1986

The question on appeal is whether the defendants' qualified immunity protects them from suit, or more specifically, whether the defendants violated clearly established constitutional rights by allegedly violating a county … Qualified immunity shields 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 would have known

Sammye R. Holloway v. Sally Brush Clermont County, Ohio

220 F.3d 767 · Court of Appeals for the Sixth Circuit · Jul 31, 2000

“[T]he actions of-a prosecutor are not absolutely immune merely because they are performed by a prosecutor. Qualified immunity represents the norm.... … Even if such motivations could legitimate Brush’s actions, it would be through qualified immunity, not absolute immunity, and she has not claimed qualified immunity.

J.T.H. v. Spring Cook

Court of Appeals for the Eighth Circuit · Jul 1, 2022

Qualified immunity is another story. … Here, the complaint falls short of establishing that Cook violated a clearly established right. See id.

Veeder v. Nutting

588 F. App'x 18 · Court of Appeals for the Second Circuit · Dec 15, 2014

Our jurisdiction, however, is “limited to circumstances where the qualified immunity defense may be established as a matter of law.” Escalera v. … The District Court also erred in not granting qualified immunity to defendants Hogan and Port for opening the suicide notes because they did not violate clearly established law. See Pearson v.

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.

Christopher Bates v. Thomas Hadden

576 F. App'x 636 · Court of Appeals for the Eighth Circuit · Aug 19, 2014

Because Bates did not establish that Officer Hadden violated his constitutional or statutory rights, Officer Hadden was entitled to qualified immunity. … City of Rochester, 643 F.3d 1031, 1042 (8th Cir. 2011) (en banc) (citation omitted).3 "Officials being sued under § 1983 are entitled to qualified immunity for actions that did not violate a clearly established constitutional

Katrina Reeves v. Howard Meddings

Court of Appeals for the Fourth Circuit · May 14, 2025

Reeves’s clearly established rights. … Reeves’ clearly established rights.

Troy K. Scheffler v. Jack Molin

743 F.3d 619 · Court of Appeals for the Eighth Circuit · Feb 25, 2014

Molin argued that Scheffler’s constitutional rights had not been violated and that, regardless, the defense of qualified immunity applied. … When the defense of qualified immunity has been asserted, we evaluate both whether the defendant violated the plaintiff’s constitutional rights and whether those rights were clearly established. Chambers v.

Amie Marie Beers-Capitol Aliya Tate v. Barry Whetzel, an Individual Shirley Robinson, in Her Official Capacity Robert Liggett, in His Individual and Official Capacity Youth Development Center at New Castle Nora Burley, in Her Individual and Official Capacity Nick Pihiou, in His Individual and Official Capacity John Doe, in His/her Individual and Official Capacity Charles Lee Earnhart, in His Individual and Official Capacity Joseph Flecher, in His Individual and Official Capacity (d.c. Civil No. 97-Cv-00292). Aliya Tate v. Barry Whetzel, in His Individual Capacity Shirley Robinson, in Her Individual and Official Capacity Robert Liggett, in His Individual and Official Capacity Youth Development Center at New Castle John Doe, in His/her Individual and Official Capacity, Nora Burley, in Her Individual and Official Capacity Nick Pihiou, in His Individual and Official Capacity (d.c. Civil No. 97-Cv-00313)

256 F.3d 120 · Court of Appeals for the Third Circuit · Jun 11, 2001

claim to qualified immunity. … That is, Burley is entitled to qualified immunity only if she can show that a reasonable person in her position at the relevant time could have believed, in light of clearly established law, that her conduct comported with

Camreta v. Greene

563 U.S. 692 · Supreme Court of the United States · May 26, 2011

But the Court of Appeals further held that qualified immunity shielded the officials from monetary liability because the constitutional right at issue was not clearly established under existing law. … Many Courts of Appeals therefore decline to consider district court precedent when determining if constitutional rights are clearly established for purposes of qualified immunity. See, e.g., Kalka v.

Brian Ballentine v. Christopher Tucker

28 F.4th 54 · Court of Appeals for the Ninth Circuit · Mar 8, 2022

The district court concluded that Detective Tucker is entitled to qualified immunity because Plaintiffs’ constitutional rights were not clearly established at the time of their arrests. … A government officer is nevertheless entitled to qualified immunity if the plaintiff’s rights were not clearly established at the time of the alleged misconduct. See Pearson, 555 U.S. at 231–32.

Magnolia Island Plantation v. Whittington

29 F.4th 246 · Court of Appeals for the Fifth Circuit · Mar 21, 2022

That party—in this case, Lollar— must then show that (1) the “official’s conduct violated a constitutional right” of the opponent of immunity, and (2) “the right was clearly established at the time of the violation … Here, we need not examine the “clearly established” prong, because Lollar has failed to meet her burden of showing a constitutional violation. 5 Case: 20-30805 Document

Cheryl D. Lyons v. City of Xenia, Christine Keith, Officer Matthew Foubert, Officer

417 F.3d 565 · Court of Appeals for the Sixth Circuit · Aug 4, 2005

After considering the Supreme Court’s treatment of similar qualified-immunity issues in Brosseau , we now extend qualified immunity to Officer Foubert for Lyons’ excessive-force tackling claim. … The district court likewise rejected the officers’ qualified immunity defenses.

Sherry Lintz Keith Lintz, Sr. Richele Nicole Jacobs Brian Allen Jacobs and Keith Lintz, Jr., by Next Friend Sherry Lintz v. Linda K. Skipski

25 F.3d 304 · Court of Appeals for the Sixth Circuit · May 25, 1994

The district court found defendant entitled to qualified immunity because the children’s federal constitutional due process right to be free from unnecessary harm in foster homes was not clearly established until late in … but under the facts of the case held that two years was more than enough time to satisfy the “clearly established” threshold.