Case law

Headwaters Forest Defense v. County of Humboldt

276 F.3d 1125 · Court of Appeals for the Ninth Circuit · Jan 11, 2002

The district court granted summary judgment on qualified immunity grounds in favor of all individual defendants except for Lewis and Philip. … Analysis Under the qualified immunity doctrine, “government officials ... generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights

Bailey v. Iles

78 F.4th 801 · Court of Appeals for the Fifth Circuit · Aug 25, 2023

However, “[a] qualified immunity defense alters the usual summary judgment burden of proof” because the plaintiff, to overcome qualified immunity, “must rebut the defense by establishing a genuine [dispute of material … An officer is entitled to qualified immunity “if there is no violation, or if the conduct did not violate law clearly established at the time.” Id.

Vincent v. Annucci

63 F.4th 145 · Court of Appeals for the Second Circuit · Mar 23, 2023

Fischer, 837 F.3d 162 (2d Cir. 2016), that because Annucci failed to make objectively reasonable efforts to comply with federal law that was clearly established by Earley I, he was not entitled to qualified immunity. … established.”24 In Vincent I, however, we made it clear that “[f]or a right to be ‘clearly established’ for purposes of qualified immunity, it is sufficient if decisions of the Supreme Court or of the appropriate circuit

Whittington v. Maxwell

455 F. App'x 450 · Court of Appeals for the Fifth Circuit · Dec 22, 2011

Did Maxwell act unreasonably in the light of clearly established law? … We now turn to the second inquiry in the qualified immunity analysis— whether Maxwell acted in an objectively unreasonable manner in the light of clearly established law.

Michael Mockeridge v. Harry Harvey

Court of Appeals for the Sixth Circuit · Aug 11, 2025

We can thus “hear interlocutory appeals considering the legal question of qualified immunity, i.e., whether a given set of facts violates clearly established law.” Moldowan v. … was clearly established at the time.”

Ted P. Campbell v. Ernest Mercer, as Mayor of Elmore City, and as an Individual

926 F.2d 990 · Court of Appeals for the Tenth Circuit · Feb 26, 1991

The central issue in connection with defendant Mercer’s claim of qualified immunity is whether it was clearly established law in 1987 that plaintiff Campbell had a constitutional right to a post-termination hearing. … Also, the law was not clearly established that plaintiff had a constitutional right to a post-termination hearing.

Smith v. Mattox

127 F.3d 1416 · Court of Appeals for the Eleventh Circuit · Nov 19, 1997

immunity grounds to the extent the appeal concerns pure issues of law, such as whether the law was clearly established); Cottrell v. … An official sued as an individual is entitled to qualified immunity if his conduct "does not violate clearly established statutory or constitutional rights of which a reasonable person would have known."6 A reasonable official's

David Thurston v. Kevin Frye

99 F.4th 665 · Court of Appeals for the Fourth Circuit · Apr 29, 2024

Qualified Immunity Qualified immunity protects government officials from claims of statutory or constitutional violations when they reasonably mistook the legality of their actions. … immunity—typically, the issue whether the federal right allegedly infringed was clearly established.”

Wayne Powell, as of the Estate of Dana Kimberly Devilla v. Sunny Schriver, Superintendent Thomas A. Coughlin, III C.O. Lynch C.O. Crowley

175 F.3d 107 · Court of Appeals for the Second Circuit · Apr 2, 1999

The doctrine of qualified immunity “shields government officials from liability for damages on account of their performance of discretionary official functions ‘insofar as their conduct does not violate clearly established … The Eighth Amendment Claim The district court dismissed Devil-la’s Eighth Amendment claim on the ground of qualified immunity, reasoning that “it was not clearly established as of this incident in 1991 that a corrections

Douglas M. Jones v. Richard A. Heyman

888 F.2d 1328 · Court of Appeals for the Eleventh Circuit · Nov 22, 1989

The mayor also asserted that his decision to remove Jones was protected by the qualified immunity doctrine because the mayor did not violate Jones’ clearly established First Amendment rights. … Second, he contends he is entitled to qualified immunity for his discretionary decision to remove Jones from the meeting.

Washington Square Post 1212 American Legion v. Maduro

907 F.2d 1288 · Court of Appeals for the Second Circuit · Jun 28, 1990

a warrantless entry, or closed to non-Post members, in which case it was clearly established that a warrant was necessary. … DISCUSSION Qualified immunity has long shielded government officials performing discretionary functions from civil damages liability “insofar as their conduct does not violate clearly established statutory or con *1291 stitutional

Brittany J. Buckley v. Hennepin County

9 F.4th 757 · Court of Appeals for the Eighth Circuit · Aug 16, 2021

immunity, (v) the physician defendants are entitled to qualified immunity “because the Court has seen no evidence that designing, implementing, and overseeing the ketamine studies violated a clearly established right,” and … “Qualified immunity shields government officials from liability in a § 1983 action unless the official’s conduct violates a clearly established constitutional or statutory right of which a reasonable person would have known

Thad Delaughter v. Ronald Woodall

909 F.3d 130 · Court of Appeals for the Fifth Circuit · Nov 19, 2018

Clearly established law Having established that summary judgment on the first prong was incorrect, we turn to the second prong of the qualified immunity analysis. … Therefore, if the fact issues under prong one were resolved in Delaughter’s favor, Hatten’s conduct would violate clearly established law and he would not be entitled to qualified immunity.

Price-Cornelison v. Brooks

524 F.3d 1103 · Court of Appeals for the Tenth Circuit · May 2, 2008

The next qualified immunity question presented is whether the equal protection right implicated here was clearly established at the time Brooks refused to enforce Price-Cornelison’s permanent protective order. … Whether this Fourth Amendment right was clearly established.

Barton v. Curtis

497 F.3d 331 · Court of Appeals for the Third Circuit · Jul 30, 2007

(2) the issue appealed concerned, not which facts the parties might be able to prove, but, rather, whether or not certain given facts showed a violation of ‘clearly established’ law.” … Qualified immunity protects government officials “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known

Thomas Moran v. Anne Marie Clark

359 F.3d 1058 · Court of Appeals for the Eighth Circuit · Feb 26, 2004

Appellants assert that the law was not clearly established. … Katz, 533 U.S. 194, 202 (2001), the fact remains that qualified immunity is reserved for state -4- officials whose conduct is objectively reasonable in light of the clearly established

Al-Kidd v. Ashcroft

580 F.3d 949 · Court of Appeals for the Ninth Circuit · Sep 4, 2009

AUKidd’s Right Was “Clearly Established.” … Ohio, was certainly clearly established.

Hassan Shabazz v. Thomas A. Coughlin, Iii, Commissioner, and Harold J. Smith, Superintendent

852 F.2d 697 · Court of Appeals for the Second Circuit · Jul 27, 1988

The defendants’ answer alleged as affirmative defenses, inter alia, that damages were barred by qualified immunity and by the Eleventh Amendment. They moved for summary judgment on qualified immunity grounds. … This court recently reiterated that qualified immunity “shields government officials performing discretionary functions from liability ‘insofar as their conduct does not violate clearly established statutory or constitutional

Brenda Mattox and Dona Holly v. City of Forest Park Stephen Vollmar, Police Chief Ray Hodges and Kenneth Hughes

183 F.3d 515 · Court of Appeals for the Sixth Circuit · Aug 11, 1999

immunity, i.e., whether a given set of facts violates clearly established law. … First Amendment Retaliation The qualified immunity inquiry entails a determination of whether the law allegedly violated was “clearly established” at the time of the events at issue.

Shipp v. McMahon

234 F.3d 907 · Court of Appeals for the Fifth Circuit · Jan 31, 2000

’s assertion of qualified immunity. … Thus, we find that Shipp articulates a clearly established right under the minimum requirements of Rule 12(b)(6).3 Under the second prong of the qualified immunity analysis, the plaintiff must show that the defendant