Case law

John Eugene Youmans v. M. J. Oschner

626 F.3d 557 · Court of Appeals for the Eleventh Circuit · Nov 16, 2010

We “review de novo a district court’s denial of a motion for summary judgment on qualified immunity grounds.” … was not already clearly established at the time of the alleged violation.

Jacob Clark v. Bernadette Stone

998 F.3d 287 · Court of Appeals for the Sixth Circuit · May 19, 2021

They also argue that they are entitled to qualified immunity on this issue because there is no clearly established right to use corporal punishment on children. … App’x 469, 481 (6th Cir. 2019) (“A single district court opinion is not enough to pronounce a right is clearly established for purposes of qualified immunity.”)

Belinda Marie Fitzpatrick v. Kyle Hanney

138 F.4th 991 · Court of Appeals for the Sixth Circuit · May 30, 2025

Qualified immunity shields government officials from suit unless those officials (1) violated a constitutional right that (2) was clearly established when the conduct occurred. Bell v. … Because the undisputed facts do not show that Simon plausibly violated Fitzpatrick’s clearly established rights, Simon is entitled to qualified immunity on Fitzpatrick’s Fourth and Fourteenth Amendment claims.

Douglas W. Schwenk v. James Hartford Steve Sinclair Robert Mitchell,opinion

204 F.3d 1187 · Court of Appeals for the Ninth Circuit · Feb 29, 2000

This satisfies the first part of the “analytical framework” for determining qualified immunity established in Siegert . … Was the Law Clearly Established?

Scallion v. Parish of Red River

251 F. App'x 853 · Court of Appeals for the Fifth Circuit · Aug 15, 2007

Scallion fails to identify a clearly-established constitutional right violated by Myers. See id. … (first step in qualified-immunity analysis is identifying a clearly-established constitutional right that has been violated); Malley v.

Marie Moderwell v. Cuyahoga Cnty., Ohio

997 F.3d 653 · Court of Appeals for the Sixth Circuit · May 12, 2021

“clearly established” at the time of the challenged conduct.”’ … Although the factual record is currently wholly undeveloped, the Corrections Defendants nonetheless argue that they are “entitled to qualified immunity because they did not violate a clearly established constitutional right

Kimberly Boude v. Michael Heady

855 F.3d 930 · Court of Appeals for the Eighth Circuit · May 5, 2017

Qualified immunity is a basis to dismiss a claim against a public employee if the alleged conduct “does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … This court need not address the “clearly established” prong of the qualified immunity analysis. See Harris, 550 U.S. at 377.

Cottone v. Jenne

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

[u]nless the plaintiff’s 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.

Kayla Robinson v. Angela Hawkins

937 F.3d 1128 · Court of Appeals for the Eighth Circuit · Sep 5, 2019

In considering a defense of qualified immunity, the law must not be examined at a high level of generality: “The dispositive question is whether the violative nature of particular conduct is clearly established.” … Rulings declaring the violation of a “clearly established right” require careful attention, because “qualified immunity is important to ‘society as a whole,’ and because as ‘an immunity from suit,’ qualified immunity ‘is

Michael Hampton v. State of California

83 F.4th 754 · Court of Appeals for the Ninth Circuit · Oct 3, 2023

“The doctrine of qualified immunity shields officials from civil liability so long as their conduct ‘does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’” … To be clearly established, the relevant right must have been defined more narrowly.

Katrina McGrew v. Sergeant Duncan

937 F.3d 664 · Court of Appeals for the Sixth Circuit · Sep 4, 2019

Qualified immunity shields the officers from suit if (1) they did not violate any of McGrew’s constitutional rights or (2) the violated rights, if any, were not “clearly established” when they acted. Pearson v. … So whether they are entitled to qualified immunity turns on whether McGrew suffered an injury and whether the right she claims they violated was clearly established when they acted.

Steven Bangs v. Walter William Smith

84 F.4th 87 · Court of Appeals for the Second Circuit · Oct 12, 2023

Geraci, Judge) dismissing his complaint on the grounds that Defendants were entitled to qualified immunity because Bangs’s rights in this context were not clearly established. … For purposes of qualified immunity, “[w]hether the law was sufficiently clearly established is . . . an issue of law that we consider de novo.” Outlaw v. City of Hartford, 884 F.3d 351, 366 (2d Cir. 2018).

Penilla v. City of Huntington Park

115 F.3d 707 · Court of Appeals for the Ninth Circuit · Jun 6, 1997

Because the officers have moved for qualified immunity on a motion to dismiss, we decide only whether defendants’ alleged conduct violated clearly established constitutional rights. Todd v. … The officers argue that they are entitled to qualified immunity because there is no clearly established constitutional right to emergency medical care for persons not in custody and because there is no clearly established

McMillian v. Johnson

88 F.3d 1554 · Court of Appeals for the Eleventh Circuit · Jul 9, 1996

The issue for qualified immunity purposes, however, is not whether the due process right not to be punished before conviction was clearly established. … Clearly Established Law Prohibited Police' Suppression of Exculpatory and Impeachment Evidence Tate, Ikner, and Benson are protected by qualified immunity unless their actions violated clearly established law.

Austin Webster v. Saint Louis County

135 F.4th 614 · Court of Appeals for the Eighth Circuit · Apr 24, 2025

In the alternative, the district court concluded that Lemke was entitled to qualified immunity because her action did not violate a clearly established right. Webster also sued Lemke and St. … A government official is entitled to qualified immunity from suit unless the official’s conduct violated a clearly established right of which a reasonable official would have known. Harlow v.

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.

Mihos v. Swift

358 F.3d 91 · Court of Appeals for the First Circuit · Feb 13, 2004

For a plaintiff to overcome a qualified immunity defense, he must show that his allegations, if true, establish a constitutional violation; that the right was clearly established; and that a reasonable official would have … Under Wood, then, a plaintiff could usually avoid an adverse pre-trial qualified immunity ruling by merely alleging (1) a constitutional violation (2) of clearly established law (3) by a public official

James P. Crocker v. Deputy Sheriff Steven Eric Beatty

995 F.3d 1232 · Court of Appeals for the Eleventh Circuit · Apr 20, 2021

The district court held that Beatty was entitled to qualified immunity because the law underlying Crocker’s First Amendment claim wasn’t clearly established. We agree. … In my view, Smith clearly establishes that Mr. Crocker had a right to photograph the accident scene and I would therefore reverse the grant of qualified immunity to Deputy Beatty on this claim.

Wiggins v. Greiner

132 F. App'x 861 · Court of Appeals for the Second Circuit · May 18, 2005

Wiggins submits that the highlighted language in Roberts clearly establishes that prosecution efforts to locate a witness must be “undertaken prior to trial” to demonstrate good-faith. … Whether the challenged photo display in this case clearly qualifies as a confirmatory identification is an issue of state law not relevant to our habeas review. See Estelle v.

Dennis Mize v. S. Tseng

703 F. App'x 547 · Court of Appeals for the Ninth Circuit · Nov 20, 2017

The district court properly dismissed Mize’s Eighth Amendment claim on the basis of qualified immunity because defendants’ conduct did not violate clearly established law. See Pearson v. … Callahan, 555 U.S. 223, 232 (2009) (defendant is entitled to qualified immunity unless the conduct at issue violated a clearly established constitutional right); Hope v.