Case law

Felton v. Polles

315 F.3d 470 · Court of Appeals for the Fifth Circuit · Dec 17, 2002

qualified immunity, not the merits. … In any event, for qualified immunity purposes, the test is whether Carter has asserted deprivation of a statutory right under clearly established law.

Long v. Slaton

508 F.3d 576 · Court of Appeals for the Eleventh Circuit · Nov 16, 2007

, violated no clearly established *584 right. … Montoute is a qualified immunity decision.

Vernon Linicomn v. City of Dallas

902 F.3d 529 · Court of Appeals for the Fifth Circuit · Sep 5, 2018

Public officials are entitled to qualified immunity unless the plaintiff can plead specific allegations demonstrating (1) the violation of a constitutional right that (2) was clearly established at the time of the alleged … immunity analysis, that this right was clearly established under the circumstances of this case at the time of the officers’ entry.

Hemry v. Ross

62 F.4th 1248 · Court of Appeals for the Tenth Circuit · Mar 10, 2023

When a defendant claims qualified immunity, the plaintiff must show “(1) the defendant violated his constitutional rights; and (2) the law was clearly established at the time of the alleged violation.” Soza v. … Accordingly, the officers are entitled to qualified immunity. III.

Rico v. Ducart

Court of Appeals for the Ninth Circuit · Jan 27, 2026

The district court properly dismissed Rico’s action because defendants are entitled to qualified immunity. See Cuevas v. … of their conduct was clearly established at the time.”

Toevs v. Reid

685 F.3d 903 · Court of Appeals for the Tenth Circuit · Apr 2, 2012

Our conclusion that defendants are entitled to judgment on the “clearly established” portion of the qualified-immunity test obviates any need to remand this case. … Because the law was not clearly established, defendants are entitled to judgment based on qualified immunity. C.

Nicholas C. Wade v. Solomon Daniels

36 F.4th 1318 · Court of Appeals for the Eleventh Circuit · Jun 13, 2022

medical needs—which, as addressed in the following sections, he cannot—qualified immunity applies because Wade failed to show that the defendants violated clearly established law. … Because there is no clearly established law that placed Investigators Daniels, Jones, and Wilson on notice that their actions violated Wade’s constitutional rights, they are entitled to qualified immunity on Wade’s medical

Cox v. Maine State Police

391 F.3d 25 · Court of Appeals for the First Circuit · Dec 3, 2004

In that way, the doctrine of qualified immunity protects public officials from civil -7- liability "insofar as their conduct does not violate clearly established statutory … In short, -10- to set aside the buckler of qualified immunity "the right the official is alleged to have violated must have been 'clearly established' in a more particularized,

Robert Oglesby v. Amy Lesan

929 F.3d 526 · Court of Appeals for the Eighth Circuit · Jul 3, 2019

Officer Hein and Deputy Lesan moved for summary judgment based on qualified immunity. … To defeat a motion for summary judgment based on qualified immunity, a plaintiff must show that the defendant violated his clearly-established rights. Pearson v. Callahan, 555 U.S. 223, 232 (2009).

Hanrahan v. Doling

331 F.3d 93 · Court of Appeals for the Second Circuit · May 30, 2003

In evaluating whether a right is clearly established for purposes of the second prong of the qualified immunity inquiry, the court looks to both “the clarity of the law establishing the right allegedly violated” as well as … We note that the extent to which district court decisions may be taken into account in evaluating whether a right is clearly established for qualified immunity purposes is far from clear. See Anderson v.

Chinchello v. Fenton

805 F.2d 126 · Court of Appeals for the Third Circuit · Nov 14, 1986

We acknowledge that on these facts the distinction between an “I didn’t do it” defense and a qualified immunity defense based on the absence of a clearly established legal duty is not as clear cut as in most other contexts … Fitzgerald, 457 U.S. at 818, 102 S.Ct. at 2738, instructed that qualified immunity is unavailable if the defendant’s conduct violated “clearly established ... statutory rights” and, based on Davis v.

Derrick Newman v. James Guedry

703 F.3d 757 · Court of Appeals for the Fifth Circuit · Dec 21, 2012

and on the § 1983 claim on the basis of qualified immunity. … The officers maintain that their conduct was not objectively unreasonable in light of clearly established law at the time of the incident.

Rozek v. Topolnicki

865 F.2d 1154 · Court of Appeals for the Tenth Circuit · Jan 12, 1989

The court held that defendants Reisdorff and Liddle were entitled to qualified immunity because they were working under To-polnicki’s direction, and that Rozek had not shown they had violated any clearly established constitutional … The doctrine of qualified immunity provides that government officials “generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights

Baker v. Coburn

68 F.4th 240 · Court of Appeals for the Fifth Circuit · May 17, 2023

violated clearly established law.” … Qualified immunity protects government officials “from liability for civil damages insofar as their conduct does not violate clearly established stat- utory or constitutional rights of which a reasonable person would

Ronald Converse v. City of Kemah, Texas, et

961 F.3d 771 · Court of Appeals for the Fifth Circuit · Jun 12, 2020

“Qualified immunity protects officers from suit unless their conduct violates a clearly established constitutional right.” Mace v. City of Palestine, 333 F.3d 621, 623 (5th Cir. 2003). … Prong 2: Violation of Clearly Established Law The second part of the qualified immunity analysis requires us to determine “whether the [D]efendants’ conduct was objectively unreasonable in light of clearly established

Morse v. Fusto

804 F.3d 538 · Court of Appeals for the Second Circuit · Sep 11, 2015

Qualified Immunity “Qualified immunity protects public officials performing discretionary functions from personal liability in a civil suit for damages insofar as their conduct does not violate clearly established statutory … We conclude that the right in question was clearly established such that the defendants are not entitled to qualified immunity.

Michael J. Daugherty & Labmd, Inc. v. Sheer

891 F.3d 386 · Court of Appeals for the D.C. Circuit · Jun 1, 2018

“Qualified immunity depends upon the answers to two questions: (1) Did the officer’s conduct violate a constitutional or statutory right? If so, (2) was that right clearly established at the time of the violation?” … The proponent of a purported right has the “burden to show that the particular right in question . . . was clearly established” for qualified-immunity purposes. Dukore v. Dist. of Columbia, 799 F.3d 1137, 1145 (D.C.

Brown v. Dickey

117 F.4th 1 · Court of Appeals for the First Circuit · Sep 3, 2024

Qualified immunity, which shields an officer from civil liability unless the officer violates clearly established law of which a reasonable officer would have known, is an immunity from suit and damages. … Because qualified immunity is an immunity from suit, an officer's claim of qualified immunity "ought to be resolved as soon as possible in [the] litigation." Norton, 955 F.3d at 183.

Tyron Brown v. Lee Lucas

753 F.3d 606 · Court of Appeals for the Sixth Circuit · May 28, 2014

On this score, appellees are entitled to qualified immunity. Whatever rights appellants had to receive exculpatory evidence prior to entering their pleas was not clearly established. … in light of the clearly established constitutional rights.' ” Feathers v.

Regina Barton v. Chad Ledbetter

908 F.3d 1119 · Court of Appeals for the Eighth Circuit · Nov 14, 2018

or statutory right; and (2) the right was clearly established at the time of the deprivation.” … Conclusion We affirm the denial of qualified immunity as to Martin. We reverse the denial of qualified immunity as to Wright.