Case law

Frasier v. Evans

992 F.3d 1003 · Court of Appeals for the Tenth Circuit · Mar 29, 2021

Frasier’s clearly established First Amendment rights—and the district court itself said they did not—then the officers are entitled to qualified immunity. … - established-law component of the qualified-immunity standard.

Kevin Simmons v. G. Arnett

47 F.4th 927 · Court of Appeals for the Ninth Circuit · Aug 31, 2022

clearly established. … In concluding that Officer Arnett did not violate clearly established law on an incomplete view of the relevant facts, the majority’s approach diverges from the one established by qualified immunity precedent in this circuit

Treneshia Dukes v. Nicholas Deaton

852 F.3d 1035 · Court of Appeals for the Eleventh Circuit · Jan 26, 2017

Qualified immunity also protects Branham because his subordinate’s constitutional violation was not clearly established. A. Deaton is Entitled to Qualified Immunity. … Branham is entitled to qualified immunity because Deaton’s conduct was not a clearly established violation of the Fourth Amendment.

Ana Sandoval v. County of San Diego

985 F.3d 657 · Court of Appeals for the Ninth Circuit · Jan 13, 2021

Because we reversed the district court’s denial of qualified immunity based on the objective elements of clearly established law, we expressly declined to consider, for qualified immunity purposes, how the subjective elements … As the court explained, “we assess qualified immunity based on the law that was ‘clearly established at the time an action occurred,’” and at the time of the shooting in Kedra, “it was not yet clearly established whether

Millender v. County of L.A.

Court of Appeals for the Ninth Circuit · May 6, 2009

Katz, 533 U.S. 194, outlined a two-step approach to qualified immunity. … I would affirm the district court’s denial of qualified immunity, and I respectfully dissent.

Kyle Petersen v. Anthony Sims, Jr.

Court of Appeals for the Ninth Circuit · Aug 18, 2023

The district court properly dismissed Petersen’s action on the basis of qualified immunity because defendants’ conduct did not violate clearly established constitutional rights. See Pearson v. … Callahan, 555 U.S. 223, 232 (2009) (government officials are entitled to qualified immunity where there is no violation of plaintiff’s constitutional right or the right at issue was not “clearly established” at the time

Hope v. Pelzer

536 U.S. 730 · Supreme Court of the United States · Jun 27, 2002

The Court of Appeals had assumed that the defendant in a criminal case was entitled to a degree of notice “ ‘substantially higher than the “clearly established” standard used to judge qualified immunity’ ” in civil cases … “[T]he object of the ‘clearly established’ immunity standard is not different from that of ‘fair warning’ as it relates to law ‘made specific’ for the purpose of validly applying § 242.

Georgia Carry Org, Inc. v. Brian Kabler

580 F. App'x 695 · Court of Appeals for the Eleventh Circuit · Aug 29, 2014

However, because Kabler was a government official acting within his discretionary authority, we must view this question through the lens of the qualified-immunity doctrine, which immunizes such a government official from … liability unless his conduct violates clearly-established 4  Case: 14-11225 Date Filed: 08/29/2014 Page: 5 of 8 federal law.

Dillon Burnett v. Josh Griffith

Court of Appeals for the Sixth Circuit · May 12, 2022

Whether Sergeant Griffith is entitled to qualified immunity as a matter of law Qualified immunity shields government officials from civil-damages liability for violations of “clearly established statutory or constitutional … established” prong of the qualified-immunity analysis.

Daniel Jackson v. Shawn Curry

888 F.3d 259 · Court of Appeals for the Seventh Circuit · Apr 19, 2018

That decision itself does not involve a pure legal issue regarding qualified immunity, i.e., whether the officers violated Jackson’s clearly established constitutional rights. … plausibly violated clearly established rights.

Dontrell Stephens v. Ric Bradshaw

879 F.3d 1157 · Court of Appeals for the Eleventh Circuit · Jan 10, 2018

the allegedly violated right was clearly established by governing case law. … Yet, Deputy Lin would still be entitled to qualified immunity if the law were not clearly established.

Garcia v. S.U.N.Y. Health Sciences Center of Brooklyn

280 F.3d 98 · Court of Appeals for the Second Circuit · Sep 25, 2001

The Court held that Title I of the ADA, which prohibits the states, municipalities and other employers from “discri-minat[ing] against a qualified individual with a disability because of th[at] disability ... in regard to … These cases are unpersuasive because they focus exclusively on whether Congress clearly expressed its intention to condition waiver on the receipt of funds and whether the state in fact received the funds.

Seamons v. Snow

84 F.3d 1226 · Court of Appeals for the Tenth Circuit · May 8, 1996

The doctrine of qualified immunity generally shields government officials performing discretionary functions “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … “Ordinarily, in order for the law to be clearly established, there must be a Supreme Court or Tenth Circuit decision on point, or the clearly established weight of authority from other courts must have found the law to be

Jones v. Treubig

963 F.3d 214 · Court of Appeals for the Second Circuit · Jun 26, 2020

The Qualified Immunity Standard Qualified immunity protects government officials from civil damages liability “insofar as their conduct does not violate clearly established statutory or constitutional rights of which … Notwithstanding that the focus of this appeal is the use of a taser, not pepper spray, we have warned that “[a]n officer is not entitled to qualified immunity on the grounds that the law is not clearly established every

Walker v. Clearfield County District Attorney

413 F. App'x 481 · Court of Appeals for the Third Circuit · Jan 24, 2011

The Supreme Court has held that when prosecutors perform investigatory functions, like determining whether there is probable cause to arrest a suspect, they are entitled only to qualified, and not absolute, immunity. … Thus, to the extent that Walker’s complaint concerns Shaw’s pre-indictment investigation of the allegations against Walker, Shaw is entitled only to qualified immunity.

Koch v. City of Del City

660 F.3d 1228 · Court of Appeals for the Tenth Circuit · Nov 2, 2011

established and thus the officer was entitled to qualified immunity. … We therefore do not need to reach the “clearly established” prong of qualified immunity to conclude that the district court correctly granted summary judgment in favor of Officer Beech. 4.

United States v. John Hardimon

700 F.3d 940 · Court of Appeals for the Seventh Circuit · Nov 7, 2012

The judge had already asked him whether he could think clearly, and he had said he could, which implies that he didn’t think his medications were affecting his ability to think clearly. … Not being a psychiatrist, the judge could not use dosage information to infer inability to think clearly.

Shreve v. Jessamine County Fiscal Court

453 F.3d 681 · Court of Appeals for the Sixth Circuit · Jul 7, 2006

Shreve has provided sufficient evidence of a violation of her clearly established constitutional right against the use of excessive police force in the course of arrest, and qualified immunity is not warranted under Saucier … Moreover, because Sixth Circuit case law supports Shreve’s right not to be struck and jumped on gratuitously, qualified immunity is not available for lack of a “clearly established” right. See Saucier, 533 U.S. at 200.

Kristeen Foote v. Nancy Berryhill

Court of Appeals for the Ninth Circuit · Jan 10, 2019

The CDIU search violated the Fourth Amendment, but the violation was not egregious because the unconstitutionality of the search was not clearly established as of February 2015, and no evidence—including footage of the … McMullen, 907 F.3d 1139, 1152–53 (9th Cir. 2018) (holding that a similar search violated the Fourth Amendment, but granting qualified immunity because it was not clearly established that the conduct was unconstitutional

Mark Porter v. Jean Hill

402 F. App'x 285 · Court of Appeals for the Ninth Circuit · Nov 2, 2010

Defendants were entitled to summary judgment based on qualified immunity because the law concerning the opening of prisoners’ legal mail outside their presence was not clearly established at the time the alleged violations … Ct. 808, 822 (2009) (concluding that state officers were entitled to qualified immunity because their actions did not violate clearly established law); Sherman v.