Case law

Bronche Johnson v. California Department of Corrections

384 F. App'x 625 · Court of Appeals for the Ninth Circuit · Jun 17, 2010

The district court properly entered summary judgment on Johnson’s claims under the Religious Land Use and Institutionalized Persons Act (“RLUIPA”) based on qualified immunity because the pertinent law was not clearly established … Callahan, 129 S.Ct. 808, 822 (2009) (holding that state officers were entitled to qualified immunity because their actions did not violate clearly established law); see also Warsoldier v.

Andrew B. Bloom v. Melissa Peacock

498 F. App'x 867 · Court of Appeals for the Eleventh Circuit · Nov 19, 2012

Further, a defense of qualified immunity may be addressed in a motion to dismiss, which will be granted if the “complaint fails to allege the violation of a clearly established constitutional right.” St. George v. … To determine if an officer is entitled to qualified immunity, courts must determine (i) whether the plaintiff’s allegations establish a constitutional violation, and (ii) whether the constitutional violation was clearly

Paul Cleveland v. Sid Gautreaux, III

938 F.3d 672 · Court of Appeals for the Fifth Circuit · Sep 13, 2019

The dispositive question in this step of the qualified-immunity analysis is “whether the violative nature of particular conduct is clearly established.” Ibid. (quoting al- Kidd, 563 U.S. at 742). … Ct. 2042, 2045 (2015) (per curiam) (summarily reversing the Third Circuit for relying on circuit precedent to deny qualified immunity, but “[a]ssuming for the sake of argument that a right can be ‘clearly established’ by

Carol Vincent v. City of Sulphur

805 F.3d 543 · Court of Appeals for the Fifth Circuit · Oct 28, 2015

To defeat qualified immunity, the plaintiff must show that the official’s conduct was objectively unreasonable in light of a clearly established rule of law. See id. at 323. … In summary, as we have explained, the alleged constitutional right was not clearly established, so the officers are entitled to qualified immunity.

Ruben Sebastian v. Javier Ortiz

918 F.3d 1301 · Court of Appeals for the Eleventh Circuit · Mar 14, 2019

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 … Now to the “clearly established” question. A plaintiff can show the violation of a clearly established right in a few ways. See Vinyard, 311 F.3d at 1350–52.

Sabir v. Williams

52 F.4th 51 · Court of Appeals for the Second Circuit · Jun 17, 2022

Qualified Immunity A. … the right is clearly established.

Al-Kidd v. Ashcroft

Court of Appeals for the Ninth Circuit · Sep 4, 2009

ASHCROFT lates the Constitution, we should still grant him qualified immunity because that constitutional right was not “clearly established” in March 2003, when al-Kidd was arrested. We disagree. … Ohio, was certainly clearly established.

Ian Tuuamalemalo v. Shahann Greene

946 F.3d 471 · Court of Appeals for the Ninth Circuit · Dec 24, 2019

established law, whether the law clearly proscribed the actions the defendant claims he took. … Scott moved for summary judgment based on qualified immunity.

Douglas Echols v. Spencer Lawton

913 F.3d 1313 · Court of Appeals for the Eleventh Circuit · Jan 25, 2019

The district court also ruled that Lawton enjoys qualified immunity because Echols's complaint failed to allege the violation of a right that was clearly established when Lawton sent his letter. *1319 II. … To defeat Lawton's qualified immunity, Echols must also prove that Lawton violated a constitutional right that "was 'clearly established' at the time of the challenged conduct." Plumhoff v.

Desiree Martinez v. Channon High

91 F.4th 1022 · Court of Appeals for the Ninth Circuit · Jan 26, 2024

The panel nevertheless held that Officer High was entitled to qualified immunity because it was not clearly established in 2013 that Officer High’s conduct violated Martinez’s substantive due process rights. … based on the lack of any clearly established law.

Hartzell v. Marana Unified School District

130 F.4th 722 · Court of Appeals for the Ninth Circuit · Mar 5, 2025

“Qualified immunity shields government actors from civil liability under 42 U.S.C. § 1983 if ‘their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known … Krainski merely held that “the doctrine of qualified immunity protects state actors when the constitutional right at issue was not ‘clearly established’ at the time of the actions at issue.” 616 F.3d at 970 (quoting Saucier

Will El v. City of Pittsburgh

975 F.3d 327 · Court of Appeals for the Third Circuit · Sep 16, 2020

In the familiar qualified immunity analysis, the court asks “(1) whether the officer violated a constitutional right, and (2) whether the right was clearly established, such that ‘it would [have been] clear to a reasonable … of the qualified immunity analysis: “whether the right was clearly established.”

California Retail Liquor Dealers Assn. v. Midcal Aluminum, Inc.

445 U.S. 97 · Supreme Court of the United States · Mar 3, 1980

The “clearly articulated and affirmatively expressed” goal of the state policy was to “displace unfettered business freedom in the matter of the establishment and relocation of automobile dealerships.” Id., at 109 . … These decisions establish two standards for antitrust immunity under Parker v. Brown .

Geraldine Nicholson v. Miguel Gutierrez

935 F.3d 685 · Court of Appeals for the Ninth Circuit · Aug 21, 2019

Once a defendant has raised qualified immunity as a defense to a claim, a plaintiff must show “(1) that the right was violated; and (2) that the right was clearly established at the time of the alleged misconduct.” … Even if a constitutional violation occurred, qualified immunity nevertheless applies unless the violation was clearly established.

Barbara Wyatt v. Rhonda Fletcher

718 F.3d 496 · Court of Appeals for the Fifth Circuit · May 31, 2013

This requirement establishes a high bar. When there is no controlling authority specifically prohibiting a defendant’s conduct, the law is not clearly established for the purposes of defeating qualified immunity. … Because this is a qualified immunity case, a balancing of interests requires a clearly established right.

Tammi Taylor v. Pam Palmer

Court of Appeals for the Eleventh Circuit · Jul 7, 2023

Taylor to overcome the mayor’s qualified immunity by showing (1) that the mayor violated a statutory or constitutional right and (2) that the right was clearly established at the time of the challenged conduct … What matters here is not how this issue would be resolved on the merits but only that the law was not clearly established—so the mayor has qualified immunity.

Robert Tolan v. Jeffrey Cotton

713 F.3d 299 · Court of Appeals for the Fifth Circuit · Apr 26, 2013

“The second prong of the qualified immunity test is [] understood as two separate inquiries: whether the allegedly violated constitutional rights were clearly established at the time of the incident; and, if so, … clearly- established law.

Erika Mabes v. Shannon Thompson

136 F.4th 697 · Court of Appeals for the Seventh Circuit · Apr 28, 2025

Both sets of defendants invoked qual- ified immunity, contending that their actions did not violate the Mabeses’ clearly established rights. … Thompson’s en- titlement to qualified immunity naturally follows from the Mabeses’ failure to carry their “burden of demonstrating the violation of a clearly established right.” Forman v.

The Estate of Marquette F. Cummings Jr. v. Warden Carter Davenport

906 F.3d 934 · Court of Appeals for the Eleventh Circuit · Oct 2, 2018

And he maintained that no authority clearly established that Davenport’s actions were unconstitutional. … On the contrary, the Court has explained that “[t]he conception animating the qualified immunity doctrine . . . is that ‘where an official’s duties legitimately require action in which clearly established rights are not

Salazar v. Molina

37 F.4th 278 · Court of Appeals for the Fifth Circuit · Jun 16, 2022

Qualified immunity allows law enforcement officers to avoid personal liability and the burdens of defending suit unless their conduct violates a clearly established constitutional right. … “Because nonprecedential opinions do not establish any binding law for the circuit, they cannot be the source of clearly established law for qualified immunity analysis.” Marks v.