Case law

Bob Glasscox v. Argo, City Of, etc.

903 F.3d 1207 · Court of Appeals for the Eleventh Circuit · Sep 12, 2018

Glasscox, concluded that Officer Moses violated his clearly established right to be free from the excessive use of force. Officer Moses now appeals the denial of qualified immunity. … Because our law clearly established that such a use of force was excessive, the district court properly denied qualified immunity.

Joshua Barricks v. James Wright

Court of Appeals for the Fourth Circuit · Mar 3, 2026

established law, we have jurisdiction to grant him qualified immunity. … established law and that he would not be entitled to qualified immunity.

Dinhora Quintero De Quintero v. Awilda Aponte-Roque

974 F.2d 226 · Court of Appeals for the First Circuit · Sep 10, 1992

QUALIFIED IMMUNITY Government officials exercising discretionary authority are entitled to qualified immunity in respect to claims under section 1983 “insofar as their conduct does not violate clearly established statutory … A court embarking on an inquiry into qualified immunity must invariably determine whether some right emanating from federal constitutional or statutory law was “clearly established” at the time of the alleged violation.

Shawn Michael Jones, a Minor by His Father and Next Friend, Terry D. Jones, and Terry D. Jones v. Charles Webb, Individually

45 F.3d 178 · Court of Appeals for the Seventh Circuit · Jan 11, 1995

Webb maintains that he is entitled to qualified immunity because the force he applied was not unreasonable in light of established legal principles. See Elder v. … To determine whether immunity attaches, we must consider whether “ ‘a reasonable officer could have believed that [his] conduct was constitutional in light of the clearly established law and the information [the officer]

Sh.A. Ex Rel. J.A. v. Tucumcari Municipal Schools

321 F.3d 1285 · Court of Appeals for the Tenth Circuit · Mar 11, 2003

The framework for analyzing claims of qualified immunity on summary judgment is well settled. … The defendants contended they were entitled to qualified immunity because the law was not clearly established at the relevant time that a public official who used his position to harass a nonemployee violated the Equal

Modica v. Taylor

465 F.3d 174 · Court of Appeals for the Fifth Circuit · Sep 13, 2006

The qualified immunity determination is a two-step inquiry. First, the court must decide whether a plaintiff’s allegations, if true, establish a violation of a clearly established right. Id. … Whether Humphrey is entitled to qualified immunity Humphrey argues that she is entitled to qualified immunity because the FMLA was not clearly established at the time Modica’s employment was terminated.

James E. White v. Leon Taylor, Etc., Clell Harrell

959 F.2d 539 · Court of Appeals for the Fifth Circuit · Apr 29, 1992

is entitled to qualified immunity. … That the right can be identified at this "level of generality" is not sufficient to make it clearly established at the level necessary to deprive Chief Harrell of qualified immunity.

Crystal Weimer v. County of Fayette

972 F.3d 177 · Court of Appeals for the Third Circuit · Aug 25, 2020

“the right was clearly established at the time of the challenged conduct.” … Vernon responds that she is entitled to qualified immunity because, “at the time of the allegations, no clearly established [law] existed to put [her] on notice” that, as a prosecutor, her failure to intervene in the police

Callahan v. Unified Govt of Wyandotte

806 F.3d 1022 · Court of Appeals for the Tenth Circuit · Nov 16, 2015

We reverse the district court’s denial of qualified immunity on the basis that the law was not clearly established at the time of the arrests in question. … Because qualified immunity establishes “immunity from suit rather than a mere defense to liability,” Lewis v.

Eileen Tubbesing v. John Fox Arnold

742 F.2d 401 · Court of Appeals for the Eighth Circuit · Aug 22, 1984

Government officials are entitled to qualified immunity from suit as long as their conduct does not violate “clearly established statutory or constitutional rights of which a reasonable person would have known.” … We conclude that the “clearly established” test has not been met, that the Board members meet the requirements of qualified immunity, and, therefore, are entitled to summary judgment on Tubbesing’s claims for money damages

Collinson v. Gott

895 F.2d 994 · Court of Appeals for the Fourth Circuit · Feb 13, 1990

qualified immunity, Judge Wilkinson on the basis of absolute immunity, while Judge Butzner, dissenting, would hold Gott not entitled to immunity by summary judgment. … The grants of summary judgment by reason of qualified immunity to officers Bowen and Nutter, respectively, are affirmed.

Toevs v. Reid

646 F.3d 752 · Court of Appeals for the Tenth Circuit · Jun 20, 2011

Toevs did not receive meaningful periodic reviews, we conclude that defendants are entitled to judgment based on qualified immunity because it was not clearly established in 2005 through 2009 that the review process was … And because the law was not clearly established, defendants are entitled to judgment based on qualified immunity. C.

Burdette Block v. Adam Dupic

758 F.3d 1062 · Court of Appeals for the Eighth Circuit · Jul 15, 2014

Qualified immunity protects public officials from damage suits if their challenged conduct did not violate clearly established constitutional rights of which a reasonable person would have known. Harlow v. … Even so, Officer Dupic is entitled to qualified immunity if his affidavit, supplemented by the omitted facts, still supports a probable cause finding.

Price v. Akaka

3 F.3d 1220 · Court of Appeals for the Ninth Circuit · Aug 23, 1993

Qualified Immunity As the Supreme Court stated in Harlow v. … First of all, an Attorney General’s opinion cannot by itself establish “clearly established law.” See Cedar Shake and Shingle Bureau v.

Tekle ex rel. Tekle v. United States

457 F.3d 1088 · Court of Appeals for the Ninth Circuit · Aug 11, 2006

“[I]n the absence of binding precedent, we ‘look to whatever decisional law is available to ascertain whether the law is clearly established for qualified immunity purposes, including decisions of state courts, other circuits … The officer argued that he was entitled to immunity because it was not clearly established at the time that it was an unconstitutional use of force for a police officer to point a gun at a resident’s head during a lawful

May v. Grothaus

10 F. App'x 811 · Court of Appeals for the Federal Circuit · May 11, 2001

Templeton v. Jarmillo

28 F.4th 618 · Court of Appeals for the Fifth Circuit · Mar 11, 2022

Because the officers invoked a qualified immunity defense, the burden shifts to Templeton to show the officers violated his clearly established rights. Cass v. … Overcoming qualified immunity requires showing clearly established law supporting the plaintiff’s claim, and that demands “that the legal principle clearly prohibit the officer’s conduct in the particular circumstances

Barry Eric Floyd v. Richard J. Farrell, Jr., Individually and in His Capacity as a Trooper for the New Hampshire State Police

765 F.2d 1 · Court of Appeals for the First Circuit · Jun 19, 1985

The question before us is, therefore, whether under the standard of qualified immunity established by Harlow , the facts establishing Farrell’s qualified immunity were sufficiently complete and un-controverted to require … His qualified immunity is pierced only if there clearly was no probable cause at the time the arrest was made.

Kelson v. Clark

1 F.4th 411 · Court of Appeals for the Fifth Circuit · Jun 17, 2021

a qualified immunity defense with equal specificity.” … As to the second prong of qualified immunity, we consider whether Fletcher’s constitutional rights were clearly established at the time plaintiffs allege that he was denied treatment.

Jones v. City of North Las Vegas

Court of Appeals for the Ninth Circuit · Mar 6, 2026

Because defendants lacked an exigent circumstance to search plaintiffs’ yard under clearly established law at the time of the incident, they were not entitled to qualified immunity. … Under these standards, the Defendant Officers are clearly entitled to qualified immunity.