Case law

Dennis R. Cookish v. Commissioner Ronald Powell

945 F.2d 441 · Court of Appeals for the First Circuit · Sep 26, 1991

“Qualified immunity operates to shield government officials exercising discretionary powers ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights … A “clearly established” right in the qualified immunity context has a *443 particularized cast. Anderson v. Creighton, 483 U.S. 635, 640 , 107 S.Ct. 3034, 3039 , 97 L.Ed.2d 523 (1987).

Matthew Locke v. County of Hubbard

Court of Appeals for the Eighth Circuit · Sep 17, 2025

While I disagree with the court’s constitutional analysis, I need not resolve that inquiry as the case can be easily resolved under the clearly established prong of the qualified immunity analysis. See Pearson v. … This does not constitute a violation of a clearly established right; therefore, the officers are entitled to qualified immunity.

Machelle Pearson v. MDOC

Court of Appeals for the Sixth Circuit · Mar 26, 2026

It also held that they could seek damages because the complaint alleged a violation of clearly established law to overcome any qualified-immunity defense. See id. at *5–6. … The Inmates also contend that they may rely on the clearly established “right to safe and sanitary conditions” to overcome qualified immunity. Appellees’ Br. 27.

Torres v. Runyon

80 F. App'x 594 · Court of Appeals for the Ninth Circuit · Nov 6, 2003

If the official violated a constitutional right, he or she nonetheless may be entitled to qualified immunity if the right was not clearly established such that a reasonable official “would understand that what he is doing … The next prong of the qualified immunity analysis is “ ‘a two-part inquiry: (1) Was the law governing the state official’s conduct clearly established?

Floyd v. City of Detroit

518 F.3d 398 · Court of Appeals for the Sixth Circuit · Mar 6, 2008

this case, Floyd’s constitutional right to be free from excessive force was clearly established. … The defendants properly concede that a suspect’s right to be free from the use of excessive force is clearly established.

Hinton v. City of Elwood

997 F.2d 774 · Court of Appeals for the Tenth Circuit · Jun 29, 1993

Since this conclusion is sufficient to support the district court’s finding of qualified immunity, we need not reach the issue of whether the law was clearly established at the time Myer and White’s conduct occurred. … In Medina we determined that the individual defendants were entitled to qualified immunity because the law was not clearly established, 960 F.2d at 1498-99 , and in Watson we remanded for a finding on that *783 issue, 857

Robert Wilson v. David Spain, Mike Jones

209 F.3d 713 · Court of Appeals for the Eighth Circuit · Apr 5, 2000

from excessive force while detained by law enforcement officials and that the right has been clearly established. … Since the right to be free from excessive force in the context of an arrest has been clearly established for some time, other circuits have simply held that, in excessive-force eases, the qualified-immunity inquiry and the

Ewing v. City of Stockton

588 F.3d 1218 · Court of Appeals for the Ninth Circuit · Dec 9, 2009

The Ewings do not establish that the unlawfulness of charging Heather with murder on the facts in question was clearly established. See Hope v. … The Supreme Court has clearly stated that with respect to advising police, prosecutors are entitled to qualified not absolute immunity. Burns, 500 U.S. at 492-95 , 111 S.Ct. 1934 .

Robert P. Brennan v. Township of Northville, Lawrence Demeter and Fred Yankee, Individually and in Their Official Capacities

78 F.3d 1152 · Court of Appeals for the Sixth Circuit · Mar 26, 1996

Lawrence Demeter and Fred Yankee appeal the denial of qualified immunity in this action premised on 42 U.S.C. § 1983 . … II A denial of summary judgment on qualified immunity grounds may be reviewed on interlocutory appeal under Mitchell v.

Steven Hyer v. City and County of Honolulu

118 F.4th 1044 · Court of Appeals for the Ninth Circuit · Sep 23, 2024

The panel affirmed the district court’s grant of qualified immunity with respect to the use of a police dog because the law was not clearly established.  HYER V. … Indeed, “[e]ven if a government official violates a constitutional right, the official is entitled to qualified immunity unless the violated right was clearly established at the time of the incident.” Andrews v.

Christopher Lee Prosser v. Davis L. Ross, Co I

70 F.3d 1005 · Court of Appeals for the Eighth Circuit · Dec 1, 1995

Ross is entitled to qualified immunity unless he violated Prosser’s “clearly established” constitutional rights. Harlow v. Fitzgerald, 457 U.S. 800, 818 , 102 S.Ct. 2727, 2738 , 73 L.Ed.2d 396 (1982); Johnson v. … Ross is therefore entitled to qualified immunity as a matter of law.

Hyland v. Wonder

117 F.3d 405 · Court of Appeals for the Ninth Circuit · Jun 25, 1997

The defendants asserted qualified immunity. … The district court granted the individual defendants summary judgment on the ground of qualified immunity, finding that it was not “clearly established” in 1989 that a government volunteer possessed the same First Amendment

Moore v. Morgan

922 F.2d 1553 · Court of Appeals for the Eleventh Circuit · Feb 7, 1991

Finally, Moore contends that even if Morgan and the commissioners did not waive the defense of qualified immunity, they did not meet their burden of establishing the defense. … He correctly stated that the test for qualified immunity is an objective one: whether reasonable county commissioners could have concluded their conduct to be lawful in light of clearly established law and the information

Sadallah v. City of Utica

383 F.3d 34 · Court of Appeals for the Second Circuit · Sep 3, 2004

] reasonable[] ... in light of the legal rules that were clearly established at the time it was taken. … Because plaintiffs have failed to establish a due process claim or any other violation of federal law, their claims are without merit. Accordingly, Hanna is entitled to qualified immunity. C.

E. Irene Wrigley v. Basil G. Greanias, Individually and as State's Attorney in and for MacOn County, Illinois

842 F.2d 955 · Court of Appeals for the Seventh Circuit · Apr 13, 1988

Greanias would be entitled to qualified immunity if, at the time he acted, the law did not clearly establish that a state’s attorney was prevented from discharging someone holding this particular position. … Greanias’ claim of qualified immunity clearly is premised on acceptance of his view of the position’s re *960 sponsibilities. He does not contend that, even if Mrs.

Harrington v. City of Council Bluffs, Iowa

678 F.3d 676 · Court of Appeals for the Eighth Circuit · Apr 30, 2012

In 2007, the district court found the officers were entitled to qualified immunity regarding their failure to disclose exculpatory evidence because any failure did not violate a right that was clearly established when the … “Qualified immunity is an affirmative defense for which the defendant carries the burden of proof. The plaintiff[s], however, must demonstrate that the law is clearly established.” Sparr v.

Rashied Goodwin v. Edward Conway

836 F.3d 321 · Court of Appeals for the Third Circuit · Sep 12, 2016

The detectives moved for summary judgment and asserted a qualified immunity defense. … Public officials are entitled to qualified immunity unless their conduct violated a clearly established constitutional right.17 Thus, to resolve a claim of qualified immunity, courts engage in a two-pronged inquiry: (1) whether

Ramon Cortesluna v. Manuel Leon

979 F.3d 645 · Court of Appeals for the Ninth Circuit · Oct 27, 2020

Principles of Qualified Immunity Qualified immunity protects individual officers “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which … Officers are entitled to qualified immunity in § 1983 actions unless they violate “clearly established” rights. Reichle v. Howards, 566 U.S. 658, 664 (2012).

Forbes v. Township of Lower Merion

313 F.3d 144 · Court of Appeals for the Third Circuit · Dec 11, 2002

When a defendant moves for summary judgment based on qualified immunity, the denial of the motion may be appealed immediately under the collateral-order doctrine because "[t]he entitlement is an immunity from suit rather … For instance, we may "review whether the set of facts identified by the district court is sufficient to establish a violation of a clearly established constitutional right," but we may not "consider whether the district court

Billie Hovick v. Darci Patterson

37 F.4th 511 · Court of Appeals for the Eighth Circuit · Jun 16, 2022

established.2 “We review de novo the district court’s grant of summary judgment based on qualified immunity.” … Our qualified-immunity inquiry “involv[es] two questions—whether the official’s conduct violated a constitutional or statutory right, and whether that right was clearly established.” Id.