Case law

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.

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

Southerland v. City of New York

652 F.3d 209 · Court of Appeals for the Second Circuit · Feb 2, 2012

Principles of Qualified Immunity 16 Qualified immunity shields public officials "from 17 liability for civil damages insofar as their conduct does not 18 violate clearly established statutory or constitutional … "In general, public 21 officials are entitled to qualified immunity if (1) their conduct 22 does not violate clearly established constitutional rights, or 23 (2) it was objectively reasonable for them to believe

Sean DeCrane v. Edward Eckart

12 F.4th 586 · Court of Appeals for the Sixth Circuit · Sep 1, 2021

The district court denied Eckart qualified immunity on this argument, holding that our precedent clearly established that DeCrane would have tipped off the media as a private citizen rather than a public employee. … He next needed to overcome Eckart’s qualified-immunity defense by showing that Eckart’s conduct violated clearly established law. See Wesby, 138 S. Ct. at 589.

San Jose Charter of the Hells Angels Motorcycle Club v. City of San Jose

402 F.3d 962 · Court of Appeals for the Ninth Circuit · Apr 4, 2005

Second, if so, was that right clearly established? Id. … Linderman argues that he nonetheless is entitled to qualified immunity because there is no clearly established law in this case-specific context.

Roldan-Plumey v. Cerezo-Suarez

Court of Appeals for the First Circuit · Jun 4, 1997

"Qualified immunity shields government officials performing discretionary functions from civil liability for money damages when their conduct does not violate 'clearly established' statutory authority … In earlier political discrimination cases, we found defendants entitled to qualified immunity because their allegedly unconstitutional actions took place prior to the development of clearly established law in

Mark Cowart v. Erwin

837 F.3d 444 · Court of Appeals for the Fifth Circuit · Sep 13, 2016

Erwin nevertheless claims that she is entitled to qualified immunity. … Qualified immunity shelters state officials from liability only “to the extent that the officials’ actions do not violate clearly established statutory or constitutional rights.” 29 “A public official is entitled to qualified

Warren Armstead v. Keith Fields

638 F. App'x 601 · Court of Appeals for the Ninth Circuit · Jan 7, 2016

We review district court rulings on qualified immunity and summary judgment de novo. Furnace v. Sullivan, 705 F.3d 1021, 1026 (9th Cir. 2013). … Qualified immunity involves a two-step inquiry: (1) whether the officers’ conduct violated a statutory or constitutional right; and (2) whether that right was clearly established at the time of the alleged violation such

Angie Hall v. Katrice Sweet

666 F. App'x 469 · Court of Appeals for the Sixth Circuit · Dec 16, 2016

Qualified immunity requires plaintiffs “to plead facts making out a violation of a constitutional right clearly established in a particularized sense. … A single district court opinion is not enough to pronounce a right is clearly established for purposes of qualified immunity.

Salgado v. Smith

Court of Appeals for the Tenth Circuit · Jul 8, 2025

The district court granted summary judgment for Smith based on qualified immunity, finding no constitutional violation and no violation of clearly established law. Salgado appeals. We affirm. … We find it appropriate in this case to proceed directly to the second prong of qualified immunity—whether the right was clearly established. We hold that Smith did not violate Molina’s clearly established rights.

Ginter v. Skahill

298 F. App'x 161 · Court of Appeals for the Third Circuit · Oct 28, 2008

In the alternative, even if Ginter had established a violation of her constitutional rights, Skahill would be entitled to a defense of qualified immunity. … Qualified immunity protects government officials from liability if their actions do not “violate clearly established statutory or constitutional rights of which a reasonable person would have known.”

Crysteal Davis v. Trevor Spear

Court of Appeals for the Eighth Circuit · May 10, 2022

2 The district court denied qualified immunity to Clock based on a question of fact over whether he had a direct role … Officers are “entitled to qualified immunity unless (1) the evidence, viewed in the light most favorable to [the plaintiffs], establishes a violation of a constitutional or statutory right, and (2) the right was clearly established

Cortez v. McCauley

438 F.3d 980 · Court of Appeals for the Tenth Circuit · Feb 10, 2006

If, on the other hand, a violation has been shown, the next step in the qualified immunity sequence is to ask whether the constitutional right was clearly established. Id. … the defendant qualified immunity “if prior decisions did not clearly establish that the use of that force in those circumstances was constitutionally excessive.”

Joanne Hedrick v. Western Reserve Care System and Forum Health

355 F.3d 444 · Court of Appeals for the Sixth Circuit · Mar 4, 2004

In order to establish a prima facie case of disability discrimination under the ADA, a plaintiff must establish that: “1) he is an individual with a disability; 5 2) he is ‘otherwise qualified’ to perform the job requirements … memorandum is distinguishable in that the memorandum’s tone was clearly discriminatory, see id.

Joseph Siefert v. Hamilton Cty. Bd. of Comm'rs

951 F.3d 753 · Court of Appeals for the Sixth Circuit · Mar 3, 2020

And, at the very least, Defendants argue, the Sieferts’ due process rights were not clearly established, so qualified immunity blocks this lawsuit. … Even so, could this all be “clearly established” to get around qualified immunity? This standard extends broadly to “all but the plainly incompetent or those who knowingly violate the law.” District of Columbia v.

Fischbach & Moore, Inc. v. United States

470 U.S. 1029 · Supreme Court of the United States · Mar 4, 1985

Harris v. Mahr

Court of Appeals for the Tenth Circuit · Dec 4, 2020

We conclude that the law was not “clearly established” at the time of the incident and reverse the district court’s denial of qualified immunity. … Therefore, the denial of qualified immunity was error.

United States v. Sanchez Barreto

93 F.3d 17 · Court of Appeals for the First Circuit · Aug 21, 1996

Under the well-established framework for evaluating plea-withdrawal motions, the district court considers all the circumstances, with particular attentionto four prominentfactors: (1) the plausibility … Consequently, without more, their general allegations of coercion, based on the imminence of trial or conflict-free defense counsel's enthusiasm for the negotiated plea bargain, are insufficient to establish

Ford v. Reynolds

316 F.3d 351 · Court of Appeals for the Second Circuit · Jan 17, 2003

The appellees contend that they are entitled to-qualified immunity. … These claims for equitable relief cannot be barred by qualified immunity, so even’ if, on remand, the district court finds that the defendants are each entitled to qualified immunity, it will still need to address the plaintiffs

Russo v. City of Bridgeport

Court of Appeals for the Second Circuit · Jun 12, 2007

itself — rather than its source 2 — is clearly established. … Perrill, 916 F.2d 1392, 1398 n.11 (9th Cir. 1990) (noting that 6 the only issue before it with respect to qualified immunity was “whether there was a clearly 7 established duty to investigate”; that its prior decision