Case law

Glorianna Moore v. Oakland County, Mich.

126 F.4th 1163 · Court of Appeals for the Sixth Circuit · Jan 23, 2025

qualified immunity. … Qualified immunity spares officers from “the time, expense and risk of money-damages actions” unless they violate clearly established constitutional rights. Hagans v. Franklin Cnty.

Hare ex rel. Hare v. City of Corinth

22 F.3d 612 · Court of Appeals for the Fifth Circuit · Jun 10, 1994

to summary judgment on the grounds of qualified immunity. … Clearly Established Constitutional Injury In reviewing the denial of a summary judgment motion based on a claim of qualified immunity, the Supreme Court has taught that the first inquiry is whether the plaintiff has asserted

Megan McGuire v. Cory Cooper

952 F.3d 918 · Court of Appeals for the Eighth Circuit · Mar 6, 2020

“Summary judgment ‘determinations are appealable when they resolve a dispute concerning an abstract issue of law relating to qualified immunity–typically, the issue whether the federal right allegedly infringed was clearly … Qualified immunity is a doctrine that “shields a government official from liability unless his conduct violates ‘clearly established statutory or constitutional rights of which a reasonable person would have known.’”

Maria S. v. Garza

912 F.3d 778 · Court of Appeals for the Fifth Circuit · Jan 4, 2019

The qualified immunity analysis has two prongs: (1) whether the facts, taken in the light most favorable to the plaintiffs, demonstrate that an officer violated a federal right and (2) whether the right was clearly established … The district court correctly awarded qualified immunity. For the foregoing reasons, we AFFIRM the district court's grant of qualified immunity. Agent Garza does not recall being told this.

Albert Hansen v. Ryan Aper

Court of Appeals for the Sixth Circuit · Aug 21, 2018

App’x 479, 484 (6th Cir. 2015) (reviewing a denial of qualified immunity to determine whether a prisoner’s constitutional right was clearly established). … Indisputably, the right to be free from “excessively forceful handcuffing” is clearly established for qualified immunity purposes. Kostrzewa v. City of Troy, 247 F.3d 633, 641 (6th Cir. 2001); see also O’Malley v.

Borgman v. Kedley

646 F.3d 518 · Court of Appeals for the Eighth Circuit · Jul 19, 2011

Qualified immunity protects police officers from civil liability for any action that does not violate "clearly established statutory or constitutional rights of which a reasonable person would have known." Young v. … When determining whether a state official is entitled to qualified immunity, we decide whether the alleged facts demonstrate that his conduct violated a constitutional right and whether that right was clearly established

Moore v. Indehar

514 F.3d 756 · Court of Appeals for the Eighth Circuit · Feb 1, 2008

However, under the doctrine of qualified immunity, a police officer is entitled to dismissal of such an action if his “conduct does not violate clearly established statutory or constitutional rights of which a reasonable … before a court can determine whether it was clearly established.”

David H. Haynes v. City of Circleville, Ohio

474 F.3d 357 · Court of Appeals for the Sixth Circuit · Jan 25, 2007

Qualified immunity When government officials are performing discretionary functions, their actions are generally, shielded from civil liability as long as their conduct “does not violate clearly established statutory or constitutional … Haynes is a fortiori unable to satisfy the second prong of the qualified-immunity analysis — that the constitutional right was clearly established. C.

In re: Allen v.

Court of Appeals for the Fourth Circuit · Apr 2, 1997

We hold, therefore, that an official who performs an act clearly established to be beyond the scope of his discretionary authority is not entitled to claim qualified immunity under § 1983. … established for qualified immunity purposes."

Williamson v. Mills

65 F.3d 155 · Court of Appeals for the Eleventh Circuit · Sep 27, 1995

An official sued as an individual is entitled to qualified immunity, and therefore summary judgment, if his conduct "does not violate clearly established statutory or constitutional … Qualified immunity shields Mills against a claim of arrest without probable cause if a "reasonable officer could have believed [the arrest] to be lawful, in light of clearly established law and the information the [arresting

Anthony C. Greene v. Jack Barber, Edward Hillyer, Victor Gillis, William Hegarty, and the City of Grand Rapids, Michigan

310 F.3d 889 · Court of Appeals for the Sixth Circuit · Nov 8, 2002

Qualified Immunity for the Arrest Mr. … “If no constitutional right would have been violated were the allegations established, there is no necessity for further inquiries concerning qualified immunity.”

Bowling v. Rector

584 F.3d 956 · Court of Appeals for the Tenth Circuit · Oct 26, 2009

clearly established law.” … “Summary judgment based on qualified immunity is appropriate if the law did not put the officer on notice that his conduct would be clearly unlawful.” Id.

Zia Trust Co. Ex Rel. Causey v. Montoya

597 F.3d 1150 · Court of Appeals for the Tenth Circuit · Mar 9, 2010

However, we review -5- summary judgment motions raising qualified immunity differently because “qualified immunity shields government officials . . . from liability for damages … “Ordinarily, in order for the law to be clearly established, there must be a Supreme Court or Tenth Circuit decision on point, or the clearly established weight of authority from other courts must have found the law to

Tasha Williamson v. City of National City

23 F.4th 1146 · Court of Appeals for the Ninth Circuit · Jan 24, 2022

Qualified immunity shields a police officer from liability for civil damages under Section 1983 “unless the officer[] violated a clearly established constitutional right.” Monzon v. … Thus, the qualified-immunity analysis involves two prongs: (1) whether the officer’s conduct violated a constitutional right, and (2) whether that right “was clearly established at the time of the events at issue.” Id.

Jack McLaurin v. Keith Morton and Roger Marriott

48 F.3d 944 · Court of Appeals for the Sixth Circuit · Mar 3, 1995

qualified immunity question ... … [defendant] actually did commit acts that would violate -a clearly established right, then summary judgment on qualified immunity is improper.” Black, 4 F.3d at 445 .

Flatford v. City of Monroe

17 F.3d 162 · Court of Appeals for the Sixth Circuit · Feb 22, 1994

To withstand a motion for summary judgment on the ground of qualified immunity, the plaintiff must establish: (1) an alleged violation which implicates clearly established law, and (2) facts sufficient to create a genuine … require action in situations not implicating clearly established rights.

Hardy v. Rabie

Court of Appeals for the Tenth Circuit · Aug 4, 2025

To overcome qualified immunity, a right must be clearly established such that “a reasonable official would understand that what he is doing violates that right.” Truman, 1 F.4th at 1235 (citation omitted). … In my view, Deputy DeHerrera’s alleged violation of the Constitution wouldn’t have been clearly established; and the absence of a clearly established violation would trigger qualified immunity.

Roth v. Guzman

650 F.3d 603 · Court of Appeals for the Sixth Circuit · Jun 13, 2011

Qualified immunity protects government officials and employees performing discretionary functions “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … Relying on the Eleventh Circuit decision in Collier affirming the denial of qualified immunity to state officials for disclosures under the DPPA, the district court concluded that the plain language of the DPPA clearly established

Heitschmidt v. City of Houston

161 F.3d 834 · Court of Appeals for the Fifth Circuit · Nov 23, 1998

clearly established Fourth Amendment rights, and (2) allege conduct that is objectively unreasonable. … With regard to his unlawful detention claim, Heitschmidt asserts his clearly established right to be free from unreasonable seizure of his person, a right which he maintains includes the clearly established right to be free

Patrick Stockdale v. Kim Helper

979 F.3d 498 · Court of Appeals for the Sixth Circuit · Oct 30, 2020

But because her conduct did not violate any clearly established law, qualified immunity protects her. We affirm in part and reverse in part. I. … Qualified Immunity. That leaves Helper’s qualified immunity defense against Stockdale and Dunning’s § 1983 claim.