Case law

Demetrius Hill v. C.O. Crum

727 F.3d 312 · Court of Appeals for the Fourth Circuit · Aug 14, 2013

We do possess jurisdiction to consider this appeal from the denial of qualified immunity to the extent that Crum claims that his conduct did not violate clearly established law. See Winfield v. … His argument is that he is entitled to qualified immunity because Hill’s claimed constitutional violation was not clearly established at the time of the assault.

Stramaski v. Lawley

44 F.4th 318 · Court of Appeals for the Fifth Circuit · Aug 11, 2022

Bratch, 287 F.3d 673, 681–82 & n.13 (8th Cir. 2002) (rejecting qualified immunity defense because FMLA creates clearly established rights but stating defendant did not raise argument regarding application of qualified immunity … immunity because she does not allege that Lawley violated a clearly established law.

Taylor v. LeBlanc

68 F.4th 223 · Court of Appeals for the Fifth Circuit · May 15, 2023

LeBlanc appeals the denial of qualified immunity arguing, inter alia, that his conduct wasn’t objectively unreasonable in light of clearly established law. … Lambert, 921 F.3d 215, 219 (5th Cir. 2019) (qualified immunity turns on whether defendant’s conduct is “objectively unreasonable in light of clearly established law”); Hinojosa v.

Christopher Majors v. City of West Des Moines

Court of Appeals for the Eighth Circuit · Jun 25, 2026

McCrystal, 708 F.3d 997, 1007–08 (8th Cir. 2013) (denying officer qualified immunity after plaintiff established a Franks violation), abrogation on other grounds recognized by Laney v. City of St. … establish probable cause if the allegedly false information were ignored.

Decotiis v. Whittemore

635 F.3d 22 · Court of Appeals for the First Circuit · Mar 24, 2011

Qualified Immunity The district court held that Defendant Whittemore, in her individual capacity, is entitled to qualified immunity because the law was not so clearly established as to put Whittemore on fair … A plaintiff may overcome qualified immunity by first making out the violation of a constitutional right, and second, establishing that the "right was 'clearly established' at the time of the defendant's alleged violation

Shlomo Leibovitch v. Islamic Republic of

697 F.3d 561 · Court of Appeals for the Seventh Circuit · Sep 25, 2012

Banco Para El Comercio Exterior de Cuba, 462 U.S. 611, 620 (1983) (“The language and history of the FSIA clearly establish that the Act was not intended to affect the substantive law determining the liability of a foreign … The same is true here; Congress has established a private right of action principally for Ameri- can claimants while waiving sovereign immunity in a broader set of cases also involving American victims.

Stephen G. Loftus v. Ester Clark-Moore

690 F.3d 1200 · Court of Appeals for the Eleventh Circuit · Aug 13, 2012

The district court ruled that Clark-Moore and Ferguson were entitled to qualified immunity because neither social worker had violated a clearly established federal right of Loftus or his children. … Ferguson is entitled to qualified immunity because the threats that she allegedly made did not violate any clearly established federal right.

Hanes v. Zurick

578 F.3d 491 · Court of Appeals for the Seventh Circuit · Aug 18, 2009

that right was clearly established. … ” the court indicated that the right was clearly established.

Sterling Hotels, LLC v. Scott McKay

71 F.4th 463 · Court of Appeals for the Sixth Circuit · Jun 22, 2023

To overcome McKay’s assertion of qualified immunity at this stage, Sterling need only plausibly allege that McKay violated its clearly established constitutional rights. … McKay’s potential individual liability for a regulatory takings claim was not clearly established when he sealed the elevators. That means McKay is entitled to qualified immunity on this claim.

Lynch v. Ackley

811 F.3d 569 · Court of Appeals for the Second Circuit · Jan 28, 2016

Held, the district court erred in 24 denying qualified immunity because there was no clearly established precedent at the time of the 25 defendant’s conduct that her conduct violated constitutional norms. … immunity because of the absence of clearly settled law to that effect at the time of the conduct.

Timothy Raimey v. City of Niles, Ohio

77 F.4th 441 · Court of Appeals for the Sixth Circuit · Aug 10, 2023

“Qualified immunity shields government officials performing discretionary functions from civil liability unless their conduct violates clearly established rights.” Quigley v. … Qualified Immunity Qualified immunity protects governmental officials from suit as long “as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would

James Solomon v. Deputy U.S. Marshal Thomas

795 F.3d 777 · Court of Appeals for the Eighth Circuit · Jul 29, 2015

In this appeal, Jones and Thomas argue that the district court should have granted qualified immunity because the facts, as pleaded by Solomon, do not show a violation of clearly established rights. … of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before commencement of discovery."

Amber Jackson v. Cody Swanger

97 F.4th 1343 · Court of Appeals for the Eleventh Circuit · Apr 5, 2024

An officer exercising a dis- cretionary function is entitled to qualified immunity on a claim that his investigatory stop violated the Fourth Amendment unless “he was violating clearly established law.” … Brandt’s assertion that he did not violate clearly established law when he stopped the vehicle is a “core qualified immunity is- sue[].” Cottrell, 85 F.3d at 1484 (quotation marks omitted).

A.N. v. Alamogordo Police Department

928 F.3d 1191 · Court of Appeals for the Tenth Circuit · Jul 8, 2019

P. 12(b)(6) based on qualified immunity. … In other words, “[g]eneral statements of the law can clearly establish a right for qualified immunity purposes if they apply with obvious clarity to the specific conduct in question.”

Nilesh S. Patel v. James Smith

969 F.3d 1173 · Court of Appeals for the Eleventh Circuit · Aug 11, 2020

qualified immunity. … immunity—that is, whether the right that Patel alleges was clearly established.

Lawless v. Sadeck

63 F.4th 61 · Court of Appeals for the First Circuit · Mar 22, 2023

, concluding that it is clearly established that a “sham” disciplinary hearing does not satisfy due process. … established law for purposes of our qualified immunity inquiry.

Walker v. Corizon Health

947 F.3d 1244 · Court of Appeals for the Tenth Circuit · Jan 14, 2020

This court may choose to address either of the two qualified-immunity requirements first because, if “the plaintiff fails to establish either prong of the two-pronged qualified immunity standard, the defendant prevails on … immunity, the complaint must allege specific facts showing each defendant violated the defendant’s clearly established constitutional rights).

Jody Lombardo v. City of St. Louis

38 F.4th 684 · Court of Appeals for the Eighth Circuit · Jun 29, 2022

In concluding that the officers were entitled to qualified immunity due to the lack of a clearly established right, we stated that, under the cases in this circuit addressing prone restraint, “there is no clearly established … Because the right at issue was not clearly established, the officers are entitled to qualified immunity.

Jerry Nelson v. Keyvon Sellers

89 F.4th 1289 · Court of Appeals for the Eleventh Circuit · Jan 5, 2024

clearly established law.” … Nelson’s Right Was Clearly Established. All that remains is “the clearly established prong of the qual- ified immunity inquiry.” Helm v.

Thomas Cannon v. Village of Bald Head Island

891 F.3d 489 · Court of Appeals for the Fourth Circuit · May 30, 2018

“Because the first two prongs of the test are questions of law, an employer is entitled to qualified immunity if either prong cannot be resolved under clearly established law.” Crouse, 848 F.3d at 583. … In sum, under our qualified immunity analysis, at the time of the disclosures this Court’s precedent clearly established that the allegedly stigmatizing statements were made public by Peck.