Case law

Creech Poole v. City of Shreveport

13 F.4th 420 · Court of Appeals for the Fifth Circuit · Sep 10, 2021

Qualified immunity shields officers from liability unless their conduct violates a clearly established federal right of which a reasonable person would have known. Kisela v. Hughes, 138 S. … of clearly established law.

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

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.

Patricia MacIntosh v. Ron Clous

69 F.4th 309 · Court of Appeals for the Sixth Circuit · May 31, 2023

Whether the Right Was Clearly Established The second prong of the qualified immunity analysis asks whether the right was “clearly established such ‘that a reasonable official would understand that what he is doing … Taken as true, MacIntosh’s allegations plausibly show that Clous is not entitled to qualified immunity because it was clearly established that Clous’s conduct violated MacIntosh’s First Amendment rights.

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.

Charles Austin v. Redford Township Police Depart

690 F.3d 490 · Court of Appeals for the Sixth Circuit · Aug 8, 2012

Qualified Immunity on Austin’s Excessive Force Claims “Qualified immunity protects government officials performing discretionary functions unless their conduct violates a clearly established statutory or constitutional … Page 7 force against a subdued suspect was clearly established.

Lynette Christmas v. Harris County, Georgia

51 F.4th 1348 · Court of Appeals for the Eleventh Circuit · Oct 28, 2022

DISCUSSION “Qualified immunity offers complete protection for govern- ment officials sued in their individual capacities if their conduct ‘does not violate clearly established statutory or constitutional rights of … If, however, the official vio- lated the law[,] but his conduct was not clearly established as un- lawful, the court must grant him qualified immunity.

Peggy Shumpert v. City of Tupelo, Mississip

905 F.3d 310 · Court of Appeals for the Fifth Circuit · Sep 24, 2018

The resolution of this case turns primarily on whether these rights were clearly established, so we will begin with that step of the qualified immunity analysis. … established law. 60 He is therefore entitled to qualified immunity on this claim. 61 C.

Henderson v. Harris County

51 F.4th 125 · Court of Appeals for the Fifth Circuit · Oct 12, 2022

But unpublished opinions “do not establish any binding law for the circuit,” so “they cannot be the source of clearly established law for the qualified immunity analysis.” Marks v. … This court denied the officer qualified immunity.

Stephen Burrell v. Mike McIlroy Glen C. Rector Jeff Thorpe

464 F.3d 853 · Court of Appeals for the Ninth Circuit · Sep 20, 2006

Moreover, even if Rule 41 were applicable to the search, at the time of the search the failure to serve a warrant at the outset of a search was not a clearly established violation of the constitution. … Thus, on the facts of this case, the district court did not err in finding that the detectives were entitled to qualified immunity on this issue.

Callahan v. Millard County

494 F.3d 891 · Court of Appeals for the Tenth Circuit · Jul 16, 2007

The district court held that the individual officers were entitled to qualified immunity because Mr. Callahan did not establish that the officers violated a clearly established right. … Callahan’s rights were clearly established Having established that Mr. Callahan’s rights were violated, we now turn to whether these rights were clearly established.

Mueller v. Auker

576 F.3d 979 · Court of Appeals for the Ninth Circuit · Aug 10, 2009

by the Court of Appeals — that Mitchell’s actions violated clearly established law....” … The legal issues involved in that appeal-whether Aguilar violated clearly established constitutional protections— are identical to those governing the question of Aguilar’s qualified immunity.

Rowe v. Schreiber

139 F.3d 1381 · Court of Appeals for the Eleventh Circuit · Apr 29, 1998

"For the law to be clearly established to the point that qualified immunity does not apply, the law must have earlier been developed in such a concrete and factually defined context to make it obvious to all reasonable … In this case, for qualified immunity not to apply, the right which must be clearly established is some right to have the resources of the public defender's office administratively allocated in a specific manner or the right

Elder v. Holloway

975 F.2d 1388 · Court of Appeals for the Ninth Circuit · Dec 19, 1991

In opposition to the officers’ motion for summary judgment on qualified immunity, Elder proffered three out-of-state cases to show that the law was clearly established that a warrant was required to make a “constructive entry … On the issue of qualified immunity, Elder argued in the district court that the law was clearly established that an Idaho warrant was required to make a “constructive *1391 entry” over the threshold.

Phillips v. Roane County, Tenn.

534 F.3d 531 · Court of Appeals for the Sixth Circuit · Jul 25, 2008

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 … Was the Law Clearly Established?

Musso v. Hourigan

836 F.2d 736 · Court of Appeals for the Second Circuit · Jan 5, 1988

In reaching this result, the Court noted that the doctrine of qualified immunity rests on the belief that "where an official's duties legitimately require action in which clearly established rights are not implicated, the … Qualified Immunity 16 Under the doctrine of qualified immunity, a government official performing discretionary functions is protected from personal liability to the extent that his "conduct does not violate clearly established

Smith v. Cochran

339 F.3d 1205 · Court of Appeals for the Tenth Circuit · Aug 12, 2003

In addition, the court denied summary judgment on Cochran’s claim of qualified immunity because it found that the constitutional violation Smith alleged was clearly established at the time of the claimed violation. … Because Cochran argues that he is entitled to qualified immunity under the plaintiff’s version of the facts, focusing on the legal issue whether the constitutional right he allegedly violated was clearly established, we

Dillard v. City of Springdale, Arkansas

930 F.3d 935 · Court of Appeals for the Eighth Circuit · Jul 12, 2019

“An individual defendant is entitled to qualified immunity if his conduct does not violate clearly established constitutional rights of which a reasonable person would have known.” Estate of Walker v. … Absent either a clearly established right or a constitutional violation, qualified immunity applies. See Estate of Walker, 881 F.3d at 1060. We apply the same standard to claims under the Arkansas Constitution.

Jones v. County of Los Angeles

802 F.3d 990 · Court of Appeals for the Ninth Circuit · Sep 21, 2015

However, “[s]pecific binding precedent is not required to show that a right is clearly established for qualified immunity purposes.” Id. (internal quotation marks omitted). … Step Two: Clearly Established Law The second prong of the qualified-immunity analysis asks whether the right in question was “clearly established” at the time of the violation.

Acoff v. Abston

762 F.2d 1543 · Court of Appeals for the Eleventh Circuit · Jun 12, 1985

Abston invokes a qualified immunity from suit due to his “good faith” reliance on a City policy that was not clearly unconstitutional at the time of the shooting; the judgment in favor of all defendants could stand if this … The retroactive effect of Garner does not necessarily resolve the related issue of Officer Abston’s qualified immunity.