Case law

Ecclesiastical Order of the Ism of Am, Inc. v. Chasin

845 F.2d 113 · Court of Appeals for the Sixth Circuit · Apr 18, 1988

clearly established law and the information the official possessed. 483 U.S. at -, 107 S.Ct. at 3040 , 97 L.Ed.2d at 532 . … Applying this standard of qualified immunity, the district court correctly found that none of the actions taken by the defendants violated any of the plaintiffs’ clearly established constitutional or statutory rights.

Wright v. Rolette County

417 F.3d 879 · Court of Appeals for the Eighth Circuit · Aug 8, 2005

If the answer is no, we grant qualified immunity. If the answer is yes, we go on to determine "whether the right was clearly established." Id. … I write separately in regards to section III.D.2 of the opinion, which discusses the clearly established prong of the qualified immunity inquiry.

Betances v. Fischer

519 F. App'x 39 · Court of Appeals for the Second Circuit · Jun 4, 2013

Arguing that they were entitled to qualified immunity on the ground that the law was not clearly established at the time of their challenged conduct, defendants moved to dismiss pursuant to Fed.R.Civ.P. 12(b)(6). … The district court denied the motions, ruling that plaintiffs’ rights became clearly established when this Court decided Earley v.

Kenneth Bailey v. Shawn T. Swindell

940 F.3d 1295 · Court of Appeals for the Eleventh Circuit · Oct 16, 2019

,” and qualified immunity applies. … established’ step of the qualified-immunity analysis.”

Sheck Mulbah v. Cody Jansen

55 F.4th 1164 · Court of Appeals for the Eighth Circuit · Dec 22, 2022

The district court found a genuine dispute of material fact about whether there was probable cause to stop the van and also found the law governing the stop was clearly established. … Similarly, to determine whether Jansen violated clearly established law, we need to know what happened.

John Hogan v. City of Corpus Christi, Texas

722 F.3d 725 · Court of Appeals for the Fifth Circuit · Jul 15, 2013

’s motion for summary judgment predicated upon qualified immunity: “First, the district court decides that a certain course of conduct would, as a matter of law, be objectively unreasonable in light of clearly established … “Qualified immunity shields government officials from civil damages liability unless the official violated a statutory or constitutional right that was clearly established at the time of the challenged conduct.”10

LAURO LINES s.r.l. v. Chasser

490 U.S. 495 · Supreme Court of the United States · May 22, 1989

And claims of qualified immunity may be pursued by immediate appeal, because qualified immunity too “is an immunity from suit.” Id., at 526 (emphasis in original). … S., at 524 , and held that the immunity from service of process defendant asserted did not amount to an immunity from suit — even though service was essential to the trial court’s jurisdiction over the defendant.

Julian C. Lee v. Jake Gregory, United States of America, and the Federal Bureau of Investigation

363 F.3d 931 · Court of Appeals for the Ninth Circuit · Apr 7, 2004

Gregory moved for summary judgment on qualified immunity grounds. … Although the facts in Mendocino Environmental Center are different from the facts in issue here, “[a]n officer is not entitled to qualified immunity on the grounds that the law is not clearly established every time a novel

Hopkins v. Bonvicino

573 F.3d 752 · Court of Appeals for the Ninth Circuit · Jul 16, 2009

If the right is not clearly established, then the officer is entitled to qualified immunity. … Because it was also clearly established that the officers’ conduct did not fall within the emergency exception, the two defendants are not entitled to qualified immunity on that basis either.

Jessica McKee v. Jessica Brady

Court of Appeals for the Eighth Circuit · Aug 17, 2026

“Government officials performing discretionary functions are entitled to qualified immunity unless they violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … We therefore conclude that Brady is entitled to qualified immunity.

Trevis Caldwell v. Warden, FCI Talladega

748 F.3d 1090 · Court of Appeals for the Eleventh Circuit · Apr 7, 2014

And, for the first time in this case, the defendants asserted that they were entitled to qualified immunity on the alternative ground that the law did not “clearly establish” that their actions were unconstitutional. … CLEARLY ESTABLISHED LAW The only remaining issue relevant to the defendants’ qualified immunity defense is whether, by September 9, 2009, preexisting law clearly established that the defendants’ conduct violated

Baird v. Renbarger

576 F.3d 340 · Court of Appeals for the Seventh Circuit · Aug 3, 2009

Renbarger’s qualified immunity defense. … We therefore proceed to the second step of the qualified-immunity inquiry and ask whether the right at issue was clearly established: [T]he right the official is alleged to have violated must have been “clearly established

Benjamin Reynolds v. American National Red Cross

701 F.3d 143 · Court of Appeals for the Fourth Circuit · Dec 7, 2012

The Toyota Court held, in order to qualify as disabled under the ADA, "an individual must have an impairment that 12 REYNOLDS v. … AMERICAN NATIONAL RED CROSS cal] inquiries of an employee," id. § 12112(d)(4)(A), the record clearly shows Reynolds disclosed his medical condi- tion voluntarily to Lockhart, who by all accounts was Reyn- olds’s friend.

Billy J. Hale v. Carl Townley, Billy J. Hale v. Carl Townley

45 F.3d 914 · Court of Appeals for the Fifth Circuit · Mar 23, 1995

If disputed factual issues material to qualified immunity are present, the district court’s denial of summary judgment sought on the basis of qualified immunity is not appealable. Feagley v. … An official’s conduct is protected by qualified immunity if, in light of legal rules that were clearly established at the time of the' action, it was objectively reasonable.

Ratliff v. DeKalb County, GA

62 F.3d 338 · Court of Appeals for the Eleventh Circuit · Aug 9, 1995

court assumed for the purposes of its decision about whether the applicable law was clearly established. … The right to be free from retaliation is clearly established as a first amendment right and as a statutory right under Title VII; but no clearly established right exists under the equal protection clause to be free from

Gooden v. Howard County

954 F.2d 960 · Court of Appeals for the Fourth Circuit · Jan 23, 1992

Gooden further argues that the defendants did not act reasonably in light of clearly established law. … However, “if the test of ‘clearly established law’ were to be applied at this level of generality,”....

Graham v. Gray

827 F.2d 679 · Court of Appeals for the Tenth Circuit · Sep 1, 1987

established law.” … violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery.”

McColley v. County of Rensselaer

740 F.3d 817 · Court of Appeals for the Second Circuit · Jan 21, 2014

Such a denial of qualified immunity is reviewed by this Court to determine whether “the qualified immunity defense may be established as a matter of law.” Escalera v. … . it was objectively reasonable for him to believe that his action did not violate clearly established law.”

Bowen Ex Rel. Estate of Bowen v. Warden, Baldwin State Prison

826 F.3d 1312 · Court of Appeals for the Eleventh Circuit · Jun 22, 2016

Finally, the three defendant officials maintained that they were entitled to qualified immunity because they were acting within their discretionary authority and their conduct was not in violation of clearly established … and Officer Davis are “not entitled to qualified immunity by showing that the facts alleged make out a violation of a constitutional right and that the constitutional right was clearly established at the time of [the]

Koubriti v. Convertino

593 F.3d 459 · Court of Appeals for the Sixth Circuit · Feb 3, 2010

The court suggested that Convertino would only have qualified immunity for these claims. It did not analyze the claims under the qualified immunity standard, however. … On the other hand, government officials generally enjoy a presumption of qualified immunity from civil lawsuits, such that they are “shielded from liability for civil damages insofar as their conduct does not violate clearly