Case law

James Meyer v. Lana J. Robinson, Individually and as a Police Officer of the City of Lawrence

992 F.2d 734 · Court of Appeals for the Seventh Circuit · May 6, 1993

The court adopted the following rule: “The question determining the existence of qualified immunity is whether a reasonable person could have believed the defendants’ actions to be lawful in light of clearly established law … Under the Harlow standard, qualified immunity should be granted when the official’s conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.

Estevis v. Cantu

134 F.4th 793 · Court of Appeals for the Fifth Circuit · Apr 16, 2025

We reverse and render judgment granting the officers qualified immunity for all shots fired. … In any event, Estevis bore the burden to negate qualified immunity by showing shots 4–9 violated clearly established law. See King v.

Hannah Robertson v. Anderson Mill Elementary

989 F.3d 282 · Court of Appeals for the Fourth Circuit · Mar 2, 2021

Qualified immunity is a defense that “shields government officials from personal liability when their conduct does not violate clearly established rights of which a reasonable person would have known.” Brickey v. … needing to consider the “clearly established” prong of the qualified immunity analysis.

Mary Estep v. Police Officer Mackey

639 F. App'x 870 · Court of Appeals for the Third Circuit · Feb 12, 2016

This “collateral-order doctrine” allows us to review certain orders that deny a defendant’s motion for summary judgment on qualified immunity grounds because qualified immunity “is an immunity from suit rather than a mere … Qualified immunity is an affirmative defense that shields government officials “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which

Woodlock v. Orange Ulster B.O.C.E.S.

281 F. App'x 66 · Court of Appeals for the Second Circuit · Jun 17, 2008

Under the doctrine of qualified immunity* “government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory … “If the right at issue was not clearly established ... then qualified immunity shields the defendant.” Walczyk v. Rio, 496 F.3d 139, 154 (2d Cir.2007).

John S. Pleasant v. Larry Lovell, Larry Hyatt, Vernon Pixley, Kenneth Batson and Tim Fortune

876 F.2d 787 · Court of Appeals for the Tenth Circuit · Jun 6, 1989

Defendant Fortune has qualified immunity for his technical consensual monitoring assistance; no clearly established first or fourth amendment right was violated. … After applying clearly established fourth amendment principles, we reject the contention that these defendants are entitled to qualified immunity.

Broam v. Bogan

320 F.3d 1023 · Court of Appeals for the Ninth Circuit · Feb 25, 2003

, or the constitutional right was not clearly established on the date of the alleged violation. … “[Government officials performing discretionary functions generally are granted a qualified immunity and are ‘shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory

Walnut Properties, Inc. v. City of Whittier

861 F.2d 1102 · Court of Appeals for the Ninth Circuit · Nov 9, 1988

or, alternatively, qualified immunity. … However, we reverse the district court’s denial of qualified immunity, because we hold that the law did not clearly establish that the second ordinance was unconstitutional at the time it was enacted.

Gunasekera v. Irwin

551 F.3d 461 · Court of Appeals for the Sixth Circuit · Jan 8, 2009

established to defeat the defendants’ qualified immunity defense must wait until a factual record has been developed. … established for purposes of qualified immunity before a factual record had been developed.

Giles v. Kearney

571 F.3d 318 · Court of Appeals for the Third Circuit · Jul 15, 2009

right” and “the right was clearly established” at the time of the objectionable conduct. … In holding that no constitutional right was clearly established at the time of the incident and in granting qualified immunity to the officers in their individual capacities, the District Court noted Giles’ factual allegations

54 Fair empl.prac.cas. 737, 55 Empl. Prac. Dec. P 40,401 Juanita Nicholson v. Georgia Department of Human Resources, (Dhr), James G. Ledbetter, Individually and in Official Capacity as Commissioner, Georgia Dept. Of Human Resources, Thomas R. Gaines, Individually and in His Official Capacity as Director, Dhr Division of Rehabilitative Services, Gene A. Wallace, Individually and in His Official Capacity as Director of Planning Research and Special Projects, Dhr Division of Rehabilitative Services, Paula McIntoch Individually and in Her Official Capacity as Director of Management Support Services, Dhr Division of Rehabilitative Services, Jane Shepard, Individually and in Her Official Capacity as Director of Quality Assurance and Human Resources Development, Dhr Division of Rehabilitation Services

918 F.2d 145 · Court of Appeals for the Eleventh Circuit · Jan 8, 1991

These defendants raised a defense of qualified immunity. … engaged in conduct violative of the clearly established right.

Caldarola v. Calabrese

298 F.3d 156 · Court of Appeals for the Second Circuit · Jul 31, 2002

Qualified Immunity A. 11 "Qualified immunity is `an entitlement not to stand trial or face the other burdens of litigation.'" Saucier v. … If the law was clearly established that the officer's conduct violated a constitutional right, qualified immunity is inappropriate.

Ty Shanaberg v. Licking Cty., Ohio

936 F.3d 453 · Court of Appeals for the Sixth Circuit · Aug 23, 2019

To overcome that immunity and make it to a jury, Shanaberg must show that (1) Stetson violated a constitutional right and (2) the violated right was clearly established when Stetson acted. Pearson v. … But I would grant qualified immunity for a different reason: it is not clearly established, in the context of this case, what level of verbal noncompliance, or “verbal belligerence,” justifies a taser’s use.

Norris v. Engles

494 F.3d 634 · Court of Appeals for the Eighth Circuit · Aug 9, 2007

“If so, then we determine whether the constitutional right was clearly established at the time.” Id. “If either question is answered in the negative, the public official is entitled to qualified immunity.” … a constitutional violation, we need not consider whether her constitutional right to due process was clearly established for purposes of qualified immunity.

Jerry Nelson v. Keyvon Sellers

Court of Appeals for the Eleventh Circuit · Jan 5, 2024

clearly established law.” … Nelson’s Right Was Clearly Established. All that remains is “the clearly established prong of the qual- ified immunity inquiry.” Helm v.

Andrew Cooperrider v. Maggie Woods

127 F.4th 1019 · Court of Appeals for the Sixth Circuit · Feb 7, 2025

“The doctrine of qualified immunity provides that ‘government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established … First, qualified immunity. Qualified immunity is less potent than absolute immunity.

Lowery v. County of Riley

522 F.3d 1086 · Court of Appeals for the Tenth Circuit · Apr 14, 2008

DISCUSSION Government officials performing discretionary functions are entitled to qualified immunity from liability for civil damages so long as “their conduct does not violate clearly established statutory or constitutional … If so, the court must then determine whether the right asserted was clearly established at the time of the alleged violation. See id.

Alexander v. University of North Florida

39 F.3d 290 · Court of Appeals for the Eleventh Circuit · Dec 2, 1994

PER CURIAM: Principles of qualified immunity control this case. … But, nothing in Cornelius comes close to the “clearly established” standard required to overcome the qualified immunity defense in this case.

DeMayo v. Nugent

517 F.3d 11 · Court of Appeals for the First Circuit · Feb 22, 2008

grounds of qualified immunity. … Law enforcement officers may not violate constitutional rights, then expect qualified immunity when a court refuses to craft an unprecedented exception to a clearly established rule of law.

Allan F. Archer, Jr. v. Gilbert Sanchez

933 F.2d 1526 · Court of Appeals for the Tenth Circuit · Jul 1, 1991

Anderson then guides our inquiry into whether qualified immunity shields Mr. … While the court must decide whether the law in question was clearly established, Meade v.