Case law

William Evans, Jr. v. Brian Krook

106 F.4th 790 · Court of Appeals for the Eighth Circuit · Jul 3, 2024

Krook moved for summary judgment based on qualified immunity. … In this interlocutory appeal, Krook challenges the order denying qualified immunity.

Floyd B. Hutton, Anna v. Hutton v. Sheriff Thomas Strickland, Individually and as Sheriff of Holmes County, Florida

919 F.2d 1531 · Court of Appeals for the Eleventh Circuit · Dec 27, 1990

The qualified immunity shield protects government officials performing discretionary functions from civil damages “insofar as their conduct does not violate clearly established statutory or constitutional rights of which … The district court’s order denies summary judgment on qualified immunity as follows: Qualified Immunity.

Omar Paez v. Claudia Mulvey

915 F.3d 1276 · Court of Appeals for the Eleventh Circuit · Feb 8, 2019

The arresting officer would be entitled to qualified immunity unless the plaintiff establishes that “(1) [she] violated a federal statutory or constitutional right, and (2) the unlawfulness of [her] conduct was ‘clearly … Since there was no Fourth Amendment violation, much less a clearly established Fourth Amendment violation, Breeden and Sullivan are entitled to qualified immunity as well.

Fox v. Government of the District of Columbia

794 F.3d 25 · Court of Appeals for the D.C. Circuit · Jul 17, 2015

Officer Boyd moved for judgment on the pleadings for Count 1, arguing that he is protected by qualified immunity. The district court explained, to overcome Officer Boyd’s claim to qualified immunity, Mrs. … The doctrine of qualified immunity protects police officers “from suit under 42 U.S.C. § 1983 unless they have violated a statutory or constitutional right that was clearly established at the time of the challenged conduct

Grider v. City of Auburn, Ala.

618 F.3d 1240 · Court of Appeals for the Eleventh Circuit · Sep 7, 2010

Qualified and State-Law Immunity Doctrines As to Plaintiffs’ § 1983 claims, “[qualified immunity offers complete protection for government officials sued in their individual capacities if their conduct ‘does not violate clearly … Courts utilize a two-part framework to evaluate qualified immunity defenses. 19 One inquiry in a qualified immunity analysis is whether the plaintiffs allegations, if true, establish a constitutional violation. Hope v.

Albright v. Rodriguez

51 F.3d 1531 · Court of Appeals for the Tenth Circuit · Apr 7, 1995

Defendant contends he was entitled to summary judgment based on qualified immunity because Plaintiff failed to show he violated clearly established law. … Further, a defendant is entitled to qualified immunity if the plaintiff fails to show that the law was clearly established. See, e.g., Pallottino v.

Atherton v. District of Columbia Office of the Mayor

567 F.3d 672 · Court of Appeals for the D.C. Circuit · Jun 2, 2009

matter how unclear it may be that the particular action is a violation) violates a clearly established right. … to determine whether it presents one of those occasions in which the rights are clearly established.

Central Specialties, Inc. v. Jonathan Large

18 F.4th 989 · Court of Appeals for the Eighth Circuit · Nov 24, 2021

We thus find that there was no clearly established right, and we therefore conclude that the district court properly granted summary judgment to Large on the basis of qualified immunity. … We have “held that an official acting outside the clearly established ‘scope of his discretionary authority is not entitled to claim qualified immunity under § 1983.’” Johnson v.

Ramon A. Mercado v. City of Orlando

407 F.3d 1152 · Court of Appeals for the Eleventh Circuit · Apr 29, 2005

Whether Padilla Violated Clearly Established Law. … Even though Padilla violated Mercado’s constitutional rights, he could still be afforded qualified immunity provided that Mercado’s rights were not clearly established at the time of the incident.

Lamont Warren v. Joseph L. Dwyer, Individually and in His Official Capacity as an Officer in the Police Dept. Of Hartford, Ct

906 F.2d 70 · Court of Appeals for the Second Circuit · Jun 25, 1990

Qualified Immunity We now turn to Warren’s assertion that the defense of qualified immunity should never have been sent to the jury. … Even where the law is “clearly established" and the scope of an official’s permissible conduct is “clearly defined,” the qualified immunity defense also protects an official if it was “objectively reasonable” for him at the

Lawrence J. Brozik v. Mark A. Kalish

942 F.2d 790 · Court of Appeals for the Ninth Circuit · Aug 29, 1991

II. 4 An official in Kalish's position is entitled to qualified immunity when his conduct "does not violate clearly established statutory or constitutional rights of which a reasonable person would have known." … III. 7 The existence of clearly established law, however, does not end our inquiry.

Estate of Owensby v. City of Cincinnati

414 F.3d 596 · Court of Appeals for the Sixth Circuit · Jul 7, 2005

clearly established statutory or constitutional rights of which a reasonable person would have known.” … If the facts alleged fail to establish a constitutional violation, then the inquiry ends and the officer is entitled to qualified immunity. Id.

Stone v. Peacock

968 F.2d 1163 · Court of Appeals for the Eleventh Circuit · Aug 17, 1992

Qualified immunity is an affirmative defense which protects public officials acting within the scope of their discretionary authority and under clearly established law from insubstantial lawsuits. Butz v. … The jury was instructed to determine if defendants violated clearly established law.

Lewis v. Delgado

Court of Appeals for the Fifth Circuit · Jan 7, 2026

The district court refused to grant qualified immunity to the officers at the summary-judgment stage. Because the officers did not violate any clearly established law by handcuffing Lewis, we REVERSE. … With or without notice, the Officers’ conduct does not amount to a violation of clearly established law. 3 The district court should have granted qualified immunity to the Officers.

Lena Davenport v. Borough of Homestead

870 F.3d 273 · Court of Appeals for the Third Circuit · Aug 29, 2017

clearly established law. … IV “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

Armstrong v. Daily

786 F.3d 529 · Court of Appeals for the Seventh Circuit · May 11, 2015

In holding that the complaint alleges a violation of clearly established constitutional law, we express no opinion on the propriety of qualified immunity at a later stage of litigation. E. … The qualified immunity defense focuses instead on whether the official defendant’s conduct violated a clearly established constitutional right.

James Setchfield v. Scott Ronald

109 F.4th 1084 · Court of Appeals for the Eighth Circuit · Jul 31, 2024

“To defeat qualified immunity, [the plaintiff] must prove that: (1) the facts, viewed in the light most favorable to him, demonstrate the deprivation of a constitutional or statutory right; and (2) the right was clearly established … Under these circumstances, it was unreasonable to use more than de minimis force against him.3 Since Setchfield has established his excessive-force claim, we next turn to the clearly established prong of the qualified-immunity

Harrill v. Blount County

55 F.3d 1123 · Court of Appeals for the Sixth Circuit · May 31, 1995

A violation of a clearly established state law can only surmount qualified immunity if it embodies the federal right that is the basis of the § 1983 action. Davis v. … Thus, the defendants did not violate the plaintiff’s clearly established federal rights, and therefore they have qualified immunity from plaintiffs § 1983 claims.

Vargas-Badillo v. Diaz-Torres

114 F.3d 3 · Court of Appeals for the First Circuit · May 30, 1997

The Qualified Immunity Standard A. … of clearly established law, was met.

Norman v. Schuetzle

585 F.3d 1097 · Court of Appeals for the Eighth Circuit · Nov 9, 2009

Where “the unlawfulness of the officers’ conduct ... was not clearly established, [the officers] are entitled to qualified immunity.” Pearson, 129 S.Ct. at 823 . … In analyzing a claim of qualified immunity, we therefore look at the specific actions of the officer to determine whether it was clearly established that his actions violated the inmate’s rights.