Case law

Doe v. Whelan

732 F.3d 151 · Court of Appeals for the Second Circuit · Oct 17, 2013

Such a state official is entitled to qualified immunity from actions under 42 U.S.C. § 1983 “unless the official's conduct violated a clearly established constitutional right.” Pearson v. … Where the law is clearly established, “a caseworker is . . . entitled to qualified immunity if officers of reasonable competence could disagree on the legality of the action at issue in its particular factual context.”

Angela Borrell v. Bloomsburg University

870 F.3d 154 · Court of Appeals for the Third Circuit · Aug 30, 2017

Ficca is entitled to qualified immunity as long as she does not violate a “clearly established” constitutional or federal right. Sharp, 669 F.3d at 159 (quoting Saucier v. … And the district court cases cited cannot clearly establish law for qualified immunity purposes in any event. See Camreta v. Greene, 563 U.S. 692 , 709 n.7, 131 S.Ct. 2020 , 179 L.Ed.2d 1118 (2011).

Hafley v. Lohman

90 F.3d 264 · Court of Appeals for the Eighth Circuit · Sep 3, 1996

We note that "qualified immunity is an affirmative defense," and "it will be upheld on a 12(b)(6) motion only when the immunity is established on the face of the complaint." Id. … The defendants in this case are entitled to qualified immunity unless Hafley has alleged the violation of a constitutional right that was clearly established at the time of the alleged violation. Id.

Kiser v. Garrett

67 F.3d 1166 · Court of Appeals for the Fifth Circuit · Oct 20, 1995

In September 1993, the child protective services functions of DHS were constitutional rights were not clearly established at the time in issue, the appellees are shielded by qualified immunity. … Louisiana's conclusion that the right to family integrity is not clearly established.

Perez v. Oakland County

466 F.3d 416 · Court of Appeals for the Sixth Circuit · Oct 18, 2006

We thus move to the second step of the qualified immunity test; we determine whether the right violated was “clearly established” at the time of the violation. Myers, 422 F.3d at 352 (citing Estate of Carter v. … We ultimately find that Rice is entitled to qualified immunity because no law exists that would clearly establish for a person in Rice’s position that she was violating Perez’s Eighth Amendment rights.

Dijon Sharpe v. Winterville Police Department

59 F.4th 674 · Court of Appeals for the Fourth Circuit · Feb 7, 2023

When the stop occurred, it was not clearly established that the officer’s actions violated the passenger’s First Amendment rights. So qualified immunity bars that claim. I. … Walker, A Qualified Defense of Qualified Immunity, 93 NOTRE DAME L.

Hassan Ex Rel. Hassan v. Lubbock Independent School District

55 F.3d 1075 · Court of Appeals for the Fifth Circuit · Jun 27, 1995

Questions of law are reviewed ... de novo."5 In examining the claims of qualified immunity on summary judgment, we first inquire whether Hassan has alleged "the violation of a clearly … The determination whether a right is "clearly established" is a more particularized inquiry than Hassan suggests; otherwise, plaintiffs could "convert the rule of qualified immunity ... into a rule of virtually unqualified

Edwards v. Jolliff-Blake

907 F.3d 1052 · Court of Appeals for the Seventh Circuit · Nov 1, 2018

right was clearly established at the time of the alleged violation." … We conduct this inquiry against the backdrop of the Supreme Court's repeated (and recent) reminders "not to define clearly established law at a high level of generality" and with the understanding that qualified immunity

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

Jesus Hernandez v. Unknown Named Agents, et

785 F.3d 117 · Court of Appeals for the Fifth Circuit · Apr 24, 2015

That is the chore of the first prong of the qualified-immunity test, which we do not address. The alleged right at issue was not clearly established, under these facts, in 2010. The judgment of dismissal is AFFIRMED. … We hold unanimously that Agent Mesa has qualified immunity from this suit for a Fifth Amendment substantive due process violation because he did not violate any clearly established rights flowing from that Amendment.

Dillon Bracken v. Kinchung Chung

869 F.3d 771 · Court of Appeals for the Ninth Circuit · Aug 23, 2017

Qualified Immunity We first address whether Chung may invoke the doctrine of qualified immunity. “There are two questions that must be answered” when an officer seeks qualified immunity. Jensen v. … CHUNG 7 is available generally, we must determine whether [the officer] is entitled to it in this case,” i.e., whether the officer “violated a clearly established constitutional . . . right.”

Kennedy Ex Rel. Gorton v. City of Ridgefield

439 F.3d 1055 · Court of Appeals for the Ninth Circuit · Mar 6, 2006

immunity, and the issue appealed concerns whether the facts demonstrated a violation of clearly established law. … Southwest Airlines, 124 F.3d 1103,1107 (9th Cir.1997) (“[W]e have jurisdiction over an interlocutory appeal from the denial of qualified immunity where the appeal focuses on whether the defendants violated a clearly established

Roberto Valderrama v. Officer Carl Rousseau

780 F.3d 1108 · Court of Appeals for the Eleventh Circuit · Mar 16, 2015

The district court granted their motions in part, but it denied them qualified immunity as to several of the § 1983 claims. The officers now appeal the denial of qualified immunity as to Mr. … clearly established.

Monroe v. Arkansas State University

495 F.3d 591 · Court of Appeals for the Eighth Circuit · Jul 26, 2007

qualified immunity and direct dismissal of the action. … Although the defendant bears the burden of proof for this affirmative defense, the plaintiff must demonstrate that the law was clearly established. Sparr, 306 F.3d at 593 .

Kindra O'Bryant v. DCP&P

Court of Appeals for the Third Circuit · Sep 16, 2026

If the specific right was not clearly established, the official is entitled to qualified immunity. Id. A. … established” prong of the qualified immunity analysis.

Putnam v. Keller

332 F.3d 541 · Court of Appeals for the Eighth Circuit · Jul 22, 2003

We will affirm a grant of summary judgment based on qualified immunity if the "conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known." Harlow v. … clearly established.

McLean v. Gordon

548 F.3d 613 · Court of Appeals for the Eighth Circuit · Dec 1, 2008

In considering a motion for summary judgment on qualified immunity grounds, the court makes two inquiries. … “If so, then [the court] determine[s] whether the constitutional right was clearly established at the time.” Flowers, 478 F.3d at 872 .

Prokey v. Watkins

942 F.2d 67 · Court of Appeals for the First Circuit · Aug 19, 1991

The general rule of qualified immunity, set out in Harlow v. … Explaining the Harlow standard, the Court said that, [ujnless the plaintiff's allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the

Robbin Amanda Bayse v. Ted Philbin

Court of Appeals for the Eleventh Circuit · Aug 1, 2025

Although the magistrate judge acknowledged that “the law can be ‘clearly established’ for qualified immunity purposes only by decisions of the U.S. … “In this circuit, the law can be ‘clearly established’ for qualified immunity purposes only by decisions of the U.S.

Oscar F. Sanchez Liliana Sanchez v. Charles Swyden, Inspector, Warren K. Hayward, Officer

131 F.3d 1144 · Court of Appeals for the Fifth Circuit · Jan 13, 1998

We disagree, go no further than step one of the qualified immunity analysis, and conclude that Sanchez has not shown that the defendants deprived him of a clearly established constitutional right. In Baker v. … CONCLUSION Finding that Sanchez has not shown that he has been deprived of a clearly established constitutional right, we hold that all defendants named in Sanchez’s § 1983 suit are entitled to qualified immunity as a matter