Case law

Tanya Martin v. City of Broadview Heights

712 F.3d 951 · Court of Appeals for the Sixth Circuit · Apr 9, 2013

Qualified immunity protects public officials from liability for civil damages if their conduct does not violate “clearly established statutory or constitutional rights of which a reasonable person would have known.’” … The sources of clearly established law to be considered are limited.

Sydney Rieman v. Gloria Vasquez

96 F.4th 1085 · Court of Appeals for the Ninth Circuit · Mar 5, 2024

The panel held that defendants were not entitled to qualified immunity from suit for failing to provide notice of the hearing. Ms. Rieman had a due process right to such notice and that right was clearly established. … immunity because they did not violate any clearly established constitutional rights.

Tracy Presson v. Darrin Reed

65 F.4th 357 · Court of Appeals for the Eighth Circuit · Apr 12, 2023

Thus, the pretrial detainee’s “right to adequate treatment was clearly established, and the district court properly denied the defendants qualified immunity.” Id. … Construing the facts in the light most favorable to Presson, his “right to adequate treatment was clearly established, and the district court properly denied the defendants qualified immunity.”

Rodis v. City & County of San Francisco

558 F.3d 964 · Court of Appeals for the Ninth Circuit · Mar 9, 2009

demonstrated a violation of clearly established law.” … The arrest, therefore, was not clearly established as unlawful. CONCLUSION For the foregoing reasons, we conclude that Defendants were entitled to qualified immunity.

Jennings v. Jones

499 F.3d 2 · Court of Appeals for the First Circuit · Aug 17, 2007

Prong Two: Whether the Law Was Clearly Established The second prong of the qualified immunity analysis asks “whether the constitutional right ... was ‘clearly established’ at the time of the incident such that it would ‘be … violated that clearly established constitutional right.”

Diaz v. Cantu

123 F.4th 736 · Court of Appeals for the Fifth Circuit · Dec 13, 2024

Forsyth, 472 U.S. 511, 528–30 (1985) (qualified immunity based on a lack of clearly established law); Plumhoff v. … established to strip an official of qualified immunity.

Jenkins v. University of Minnesota

838 F.3d 938 · Court of Appeals for the Eighth Circuit · Oct 3, 2016

Qualified Immunity “‘Qualified immunity protects government officials performing discretionary functions from liability for damages so long as ‘their conduct does not violate clearly established statutory or constitutional … Where, as here, a defendant fails to establish that he did not violate a right or that the right in question was not clearly established, then he is not entitled to qualified immunity, regardless of whether he acted under

Tangreti v. Bachmann

983 F.3d 609 · Court of Appeals for the Second Circuit · Dec 28, 2020

Bachmann appealed from the denial of qualified immunity arguing that the scope of supervisory liability for deliberate- indifference claims under the Eighth Amendment is not clearly established after Ashcroft v. … is not clearly established.

James Ryan Singletary v. Juan Vargas

804 F.3d 1174 · Court of Appeals for the Eleventh Circuit · Oct 29, 2015

Qualified Immunity Resolution of Defendant’s appeal requires us to decide whether Plaintiff proved that Defendant was not entitled to qualified immunity for his actions.9 Qualified immunity balances two important … Clearly Established Law Even assuming a constitutional violation, Defendant is entitled to qualified immunity unless Plaintiff can show that his Fourth Amendment rights were “clearly established” at the time of

Curtis Stewart v. Anne Precythe

91 F.4th 944 · Court of Appeals for the Eighth Circuit · Jan 30, 2024

As relevant here, the district court denied the motion for qualified immunity, concluding that “Stewart has sufficiently alleged that Precythe violated a constitutional right that was clearly established at the time of the … Finding no allegation of a constitutional violation in the complaint, we need not consider whether the right was clearly established to conclude that Precythe is entitled to qualified immunity. Kulkay v.

Katz v. United States

194 F.3d 962 · Court of Appeals for the Ninth Circuit · Oct 22, 1999

On the issue of qualified immunity, the district court held that the law governing the use of force in an arrest was clearly established. … A defendant will always be entitled to qualified immunity when the law governing his or her conduct was not clearly established -the first prong of the qualified immunity defense. 30 As a fallback position, Saucier argues

Owens v. Baltimore City State's Attorneys Office

767 F.3d 379 · Court of Appeals for the Fourth Circuit · Sep 24, 2014

Qualified immunity protects government officials from liability for “civil damages insofar as their conduct does not violate clearly established ... rights of which a reasonable person would have known.” … In evaluating whether qualified immunity exists, we must keep in mind that it is the plaintiffs constitutional right that must be clearly established, not a plaintiffs access to a monetary remedy.

Rich v. City of Mayfield Heights

955 F.2d 1092 · Court of Appeals for the Sixth Circuit · Feb 4, 1992

To determine if the defendant police officers’ actions violated any clearly established constitutional rights such that they would not be entitled to rely on qualified immunity, it is necessary for the Court to decide (1) … We held that: [T]he rights the district court cites as having been clearly established were not particularized rights as required by Anderson and, thus, were not sufficient to deny the defendants qualified immunity.

Bishop v. Hackel

636 F.3d 757 · Court of Appeals for the Sixth Circuit · Feb 1, 2011

QUALIFIED IMMUNITY Under the doctrine of qualified immunity, government officials performing discretionary functions are shielded from civil liability unless their conduct violates clearly established constitutional … a constitutional right; and (2) the right was clearly established.

Devin Ledbetter v. B. Helmers

133 F.4th 788 · Court of Appeals for the Eighth Circuit · Apr 3, 2025

Government officials are entitled to qualified immunity “if their actions do not ‘violate clearly established statutory or constitutional rights of which a reasonable person would have known.’” Wilson v. … Franklin, 388 F.3d 578, 582 (8th Cir. 2004) (noting that “clearly established” prong of qualified immunity protects officials from liability from “bad guesses in gray areas” (citation omitted)).

Lytle v. Bexar County, Tex.

560 F.3d 404 · Court of Appeals for the Fifth Circuit · Feb 25, 2009

The Clearly Established Right At the second step of the qualified immunity inquiry, we ask whether the violated constitutional right was clearly established at the time of the violation. … The right in question was therefore clearly established on February 28, 2006, and this is sufficient to affirmatively answer the qualified immunity question of our inquiry.

Dana Ault v. Leslie Speicher

634 F.3d 942 · Court of Appeals for the Seventh Circuit · Mar 3, 2011

“The doctrine of qualified immunity protects govern- ment officials from liability for civil damages when their conduct does not clearly violate established statutory or constitutional rights of which a reasonable person … On a qualified immunity claim the court confronts two questions: (1) whether the plain- tiff’s allegations make out a deprivation of a constitu- tional right; and (2) whether that right was clearly estab- lished at the time

Davis v. Clifford

825 F.3d 1131 · Court of Appeals for the Tenth Circuit · Jun 13, 2016

Qualified immunity “shields public officials from damages actions unless their conduct was unreasonable in light of clearly established law.” Estate of Booker, 745 F.3d at 411 (quotation omitted). … Qualified immunity having been claimed, “the plaintiff carries a two-part burden to show: (1) that the defendant’s actions violated a federal constitutional or statutory right, and, if so, (2) that the right was clearly

HIRA Educational Services Nort v. Frank Augustine

991 F.3d 180 · Court of Appeals for the Third Circuit · Mar 15, 2021

B Qualified immunity shields officials from civil liability “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … When analyzing a qualified immunity claim we consider “(1) whether the plaintiff sufficiently alleged the violation of a constitutional right, and (2) whether the right was ‘clearly established’ at the time of the official

Cottone v. Jenne

326 F.3d 1352 · Court of Appeals for the Eleventh Circuit · Apr 11, 2003

[u]nless 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.” Id. … The Supreme Court has established a two-part test to determine the applicability of qualified immunity.