Case law

Pablo F. Maldonado v. Unnamed

648 F. App'x 939 · Court of Appeals for the Eleventh Circuit · Apr 26, 2016

Finally, he contended the defendants were not entitled to qualified immunity, because he had shown they violated his clearly established constitutional rights. … He further asserts the judge erroneously applied a heightened standard of proof concerning the clearly established law prong of the qualified-immunity defense.

Smith v. Kansas City, Missouri Police Department

586 F.3d 576 · Court of Appeals for the Eighth Circuit · Nov 9, 2009

. *580 Qualified immunity shields government actors from suit unless their conduct violates clearly established constitutional or statutory rights that a reasonable person would have known. Henderson v. … was clearly established at the time of the deprivation.”

Robert Kerman v. The City of New York, Daniel Dilucia, William Crossan, John Hume, Thomas Loomis, Steve Kaminski, Mark Demarco, Andrew Oberfeldt, James Moran, Edward Joergens, "John Doe", "Richard Roe", "Jane Doe", (The Last Three Names Being Fictitious, Said Individuals Being Employees of the City of New York Who Participated in Taking Robert Kerman, Into Custody or in Dispatching Police Officers to Robert Kerman's Home or Operating the City's Emergency Medical Service 911 System as Set Forth in the Complaint)

261 F.3d 229 · Court of Appeals for the Second Circuit · Jul 26, 2001

Qualified immunity will attach to an officer's decision to enter a dwelling in response to perceived exigent circumstances so long as the "conduct does not violate clearly established statutory or constitutional rights of … the warrantless entry in this case was clearly established by October 1995.

Brandon Pegg v. Grant Herrnberger

845 F.3d 112 · Court of Appeals for the Fourth Circuit · Jan 4, 2017

“Qualified immunity protects officers who commit constitutional violations but who, in light of clearly established law, could … Under West Virginia law, a police officer is not entitled to qualified immunity when his or her conduct results in a clearly established constitutional or statutory violation

Charles Mozzochi v. Richard S. Borden, Jr., Paul J. Gibbons, Richard S. Borden, Jr., Paul J. Gibbons, Town of Glastonbury

959 F.2d 1174 · Court of Appeals for the Second Circuit · Mar 19, 1992

Because the district court framed the qualified immunity question too generally, it wrongly concluded that the defendant officials’ alleged actions violated clearly established constitutional rights. … Because it held that the defendants’ motive and conduct, if proven, violated clearly established rights, the district court rejected the defendants’ summary judgment motion based on qualified immunity.

Michele Rafferty v. Trumbull Cty., Ohio

915 F.3d 1087 · Court of Appeals for the Sixth Circuit · Feb 15, 2019

Qualified Immunity “The doctrine of qualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights … “To qualify as clearly established, [t]he contours of the right must be sufficiently clear that a reasonable official would understand that what he is doing violates that right.” Kindl v.

Henry H. Cunningham v. City of Wenatchee, and Robert R. Perez

345 F.3d 802 · Court of Appeals for the Ninth Circuit · Oct 3, 2003

The Court observed: Unless the plaintiffs allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery. … Qualified Immunity We review de novo Perez’s qualified immunity claim. Mena v. City of Simi Valley, 226 F.3d 1031, 1036 (9th Cir.2000).

Harper v. Lawrence County, Ala.

592 F.3d 1227 · Court of Appeals for the Eleventh Circuit · Jan 6, 2010

Were Harper’s rights clearly established at the time? … Were Harper’s rights clearly established at the time?

Reece v. Groose

60 F.3d 487 · Court of Appeals for the Eighth Circuit · Jul 20, 1995

was clearly established. … We also held that Anderson was not entitled to qualified immunity, because the right allegedly violated, freedom from unreasonable searches, was clearly established.

Ledea v. Metro-Dade County Police Department

681 F. App'x 728 · Court of Appeals for the Eleventh Circuit · Feb 27, 2017

To overcome qualified immunity, the plaintiff must show that: (1) the defendant violated a constitutional right; and (2) the right was clearly established at the time of the alleged violation. Id. at 1137 . … The officers do not assert the district court erred in its resolution of the second prong of qualified immunity—that the constitutional right was clearly established at the time of the violation.

Dana West v. Susan Murphy

771 F.3d 209 · Court of Appeals for the Fourth Circuit · Nov 14, 2014

Determining whether qualified immunity applies involves a two-prong inquiry: “whether the facts ... make out a violation of a constitutional right” and “whether the right at issue was ‘clearly established’ at the time of … This temporal element inheres in qualified immunity because the inquiry into “clearly established law” is tethered to the need for notice.

Charles Mitchell v. Josh Shearrer

729 F.3d 1070 · Court of Appeals for the Eighth Circuit · Sep 10, 2013

Qualified immunity shields government officials from liability in a § 1983 action unless the official’s conduct violates a clearly established constitutional or statutory right of which a reasonable person would have known … Our second inquiry in considering the denial of qualified immunity is whether the right violated was clearly established. Whether the facts alleged support such a claim is a legal question for the court to decide.

Meals v. City of Memphis, Tennessee

493 F.3d 720 · Court of Appeals for the Sixth Circuit · Jul 11, 2007

Under the doctrine of qualified immunity, “government officials performing discretionary functions, generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory … If the plaintiff fails to establish any one of these elements, qualified immunity must be granted. Radvansky v.

Coollick v. Hughes

699 F.3d 211 · Court of Appeals for the Second Circuit · Oct 24, 2012

-1- Plaintiff-Appellee’s clearly established rights. Defendant-Appellant is, therefore, entitled to qualified immunity. … We hold that Hughes’s conduct in this case, even when viewed in the light most favorable to Coollick, did not violate Coollick’s clearly established rights. Hughes is therefore entitled to qualified immunity.

Hannah David v. Gina Kaulukukui

38 F.4th 792 · Court of Appeals for the Ninth Circuit · Jun 27, 2022

Qualified immunity shields government officials from liability for civil damages unless their conduct “violated a clearly established constitutional right.” Williamson v. … To determine whether an official is entitled to qualified immunity, the court asks “(1) whether the [official’s] conduct violated a constitutional right, and (2) whether that right was clearly established at the time of the

Jeffrey Queen v. City of Bowling Green

956 F.3d 893 · Court of Appeals for the Sixth Circuit · Apr 22, 2020

“Clearly established” means that the “factual context of the occurrence must not exemplify a ‘legally uncertain environment’ in which qualified official immunity is appropriate.” Id. … Kentucky’s “clearly established” requirement tracks the same standards used to determine if a statutory or constitutional right is “clearly established” for purposes of determining whether an officer has federal qualified

Vincent v. Yelich Earley v. Annucci

718 F.3d 157 · Court of Appeals for the Second Circuit · Jun 4, 2013

For the reasons that follow, we 15 conclude that Earley I, an appeal from the denial of habeas corpus, did not rule that those rights were 16 clearly established by Wampler with respect to a defense of qualified immunity … That AEDPA question is 9 not the same as whether a federal right is clearly established for purposes of denying an official 10 qualified immunity: The conclusion that a "legal proposition was 'clearly established'

James Rieves v. Town of Smyrna, Tenn.

Court of Appeals for the Sixth Circuit · May 15, 2020

Qualified immunity protects government officials from civil suits for damages, so long as their conduct “does not violate clearly established statutory or constitutional rights of which a reasonable person would have known … On a general level, “[i]t is clearly established that an arrest without probable cause violates the Fourth Amendment.” Crockett v.

Armstrong v. City Of Melvindale

432 F.3d 695 · Court of Appeals for the Sixth Circuit · Jan 6, 2006

Qualified Immunity Framework 8 Qualified immunity shields public officials who perform discretionary functions from the necessity of defending against tort liability so long as their conduct does not violate clearly established … right was clearly established."

Herman Louis Dimartini v. Lynn Jay Ferrin, Special Agent, Federal Bureau of Investigation

889 F.2d 922 · Court of Appeals for the Ninth Circuit · Nov 21, 1989

immunity, arguing that his actions, even as alleged, did not violate clearly established fifth amendment rights. … Government officials performing discretionary functions enjoy qualified immunity, from liability for civil damages as long as their conduct does not violate “clearly established statutory or constitutional rights of which