Case law

Losh v. Fabian

592 F.3d 820 · Court of Appeals for the Eighth Circuit · Jan 4, 2010

Only rulings in Supreme Court decisions issued before the state court acts are considered clearly established federal law, id. at 412 , 120 S.Ct. 1495 , for a state court does not act contrary to or unreasonably apply clearly … Losh disagrees, arguing that Jimenez merely applied an "old rule," which was clearly established federal law at the time her case was decided.

Sallenger, Mary v. Oakes, Brian

Court of Appeals for the Seventh Circuit · Jan 10, 2007

If the right was clearly estab- lished, the government actor is not entitled to qualified immunity. … If the right was not clearly established, the officers are still entitled to qualified immunity.

Maurice Moore v. Dr. John Duffy

255 F.3d 543 · Court of Appeals for the Eighth Circuit · Jul 6, 2001

Duffy’s conduct was not objectively reasonable under clearly established law. Dr. Duffy contends on appeal that he is entitled to qualified immunity. … 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

Willie Dean, Jr. v. Johnnie Jones

984 F.3d 295 · Court of Appeals for the Fourth Circuit · Jan 4, 2021

And even if there had been an Eighth Amendment violation, according to the officers, they were entitled to qualified immunity because that violation was not “clearly established” in 2015. … were lawful in light of clearly established law.’”

James Schoonover v. Clay County Sheriff's Dept.

Court of Appeals for the Fourth Circuit · Jun 15, 2023

To determine whether an officer is entitled to qualified immunity, we must examine, in either order: “(1) whether a constitutional violation occurred; and (2) whether the right was clearly established at … qualified immunity.”).

Amore v. Novarro

624 F.3d 522 · Court of Appeals for the Second Circuit · Oct 12, 2010

(3) was clearly 8 established at the time that he was arrested." … Kurtzman, 411 U.S. 192, 207-08 (1973) that petitioners are entitled to qualified immunity on the ground that it was not clearly established at the time of the search that their conduct was unconstitutional

Robert Harper v. County of Delaware

Court of Appeals for the Third Circuit · Aug 12, 2019

And for qualified immunity purposes, 3 The individual defendants argued below that they were entitled to qualified immunity. … The Municipal Defendants Our conclusion that the right Harper claims was not clearly established does not resolve his claims against the municipal defendants, which cannot assert a qualified immunity defense to

Luchtel v. Hagemann

623 F.3d 975 · Court of Appeals for the Ninth Circuit · Oct 7, 2010

Luchtel has not shown that the use of the officers’ bodies and handcuffs in the manner deployed violated a clearly established constitutional right. See Pearson, 129 S.Ct. at 815 . … A reasonable police officer could properly believe that the use of this level of force would not violate a clearly established constitutional right. See Jackson, 268 F.3d at 653 n. 5; see also Malley v.

Michael Cantrell v. City of Murphy

666 F.3d 911 · Court of Appeals for the Fifth Circuit · Jan 4, 2012

“[A]n official does not lose qualified immunity merely because a certain right is clearly established in the abstract.” Kinney, 367 F.3d at 350. … Stated differently, Matthew’s asserted right was not clearly established on October 2, 2007. Because this putative right was not clearly established, the Officers are entitled to qualified immunity.

Alecia Kirby v. L.F. Sherwin

Court of Appeals for the Eleventh Circuit · Mar 24, 2023

Qualified immunity shields “government officials perform- ing discretionary functions . . . from liability for civil damages inso- far as their conduct does not violate clearly established statutory or … The Supreme Court has established a two-part test for evaluating a claim of qualified immunity.

Devon W. Brown v. City of Atlanta

Court of Appeals for the Eleventh Circuit · Jun 25, 2019

With respect to such claim, the Officers would also have qualified immunity regarding their movement of chairs, looking behind counters, and looking into refrigerators as no clearly established precedent indicates that … Creighton, 483 U.S. 635, 641 (1987) (holding that an officer is entitled to qualified immunity if “a reasonable officer could have believed” that the search was lawful “in light of clearly established law and the information

Henry H. Amsden v. Thomas F. Moran, Etc.

904 F.2d 748 · Court of Appeals for the First Circuit · May 29, 1990

Qualified immunity shields government officials wielding discretionary powers “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … not necessarily entitled to prevail on the issue of qualified immunity- *752 Collins v.

Grose v. Caruso

284 F. App'x 279 · Court of Appeals for the Sixth Circuit · Jul 1, 2008

a violation of clearly established law.” … When constitutional violations are not clearly established, state officials are entitled to qualified immunity. Saucier v. Katz, 533 U.S. 194 , 201, 121 S.Ct. 2151 , 150 L.Ed.2d 272 (2001).

Jan McRaven v. Lt. McMurrian

Court of Appeals for the Eighth Circuit · Aug 20, 2009

was clearly established at the time of the deprivation.” … The district court denied defendant-appellants qualified immunity. A detainee’s right to medical treatment is clearly established. Estelle, 429 U.S. at 104.

Thomas v. Mason

Court of Appeals for the Second Circuit · Dec 23, 2024

Officers are entitled to qualified immunity “if either (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 1 Thomas … be granted to the defendant on the basis of qualified immunity.”).

S.M. v. Michael Krigbaum

808 F.3d 335 · Court of Appeals for the Eighth Circuit · Dec 9, 2015

Qualified immunity shields a public official from damage liability unless the official’s actions violate “clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … violation was clearly established at the time in question, what was known to a person who might be shielded by qualified immunity, and the reasonableness of defendant’s actions.

Brent Jacoby v. Baldwin County

835 F.3d 1338 · Court of Appeals for the Eleventh Circuit · Aug 29, 2016

“In this [C]ircuit, the law can be ‘clearly established’ for qualified immunity purposes only by decisions of the U.S. … And Magluta looked to Hewitt to determine whether the liberty interest was clearly established for the purposes of the defendants’ qualified-immunity claim. See id. at 1283–84.

Michael Smith v. Yates

Court of Appeals for the Ninth Circuit · Jun 13, 2019

See Ashcroft v. al-Kidd, 563 U.S. 731, 735 (2011) (explaining two-part test for qualified immunity); Hines v. … Youseff, 914 F.3d 1218, 1229-30 (9th Cir. 2019) (existing Valley Fever cases did not clearly establish a “right to be free from heightened exposure to Valley Fever spores”).

Doe v. Marsh

105 F.3d 106 · Court of Appeals for the Second Circuit · Jan 22, 1997

"Even where the plaintiff's federal rights and the scope of the official's permissible conduct are clearly established, the qualified immunity defense protects a government actor if it was 'objectively reasonable' for him … 'clearly established' at the time [the action] was taken.")

Generis Ent., LLC v. Mary Anne Donley

Court of Appeals for the Sixth Circuit · Feb 19, 2026

Trooper Bitner moved to dismiss Generis’ complaint, arguing, in relevant part, that qualified immunity shielded him from suit because the liquor inspection search was not pretextual and no clearly established law placed … The district denied Trooper Bitner’s demand for qualified immunity, 3 finding that Generis had plausibly alleged a pretextual use of inspection authority for criminal investigation and that this violated clearly established