Case 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

Fabrikant v. French

691 F.3d 193 · Court of Appeals for the Second Circuit · Aug 16, 2012

arguendo that the SPCA investigators were state actors, they would be entitled to qualified immunity because their conduct did not violate clearly established statutory or constitutional rights of which a reasonable person … Analysis “The doctrine of qualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutorily or constitutional rights of

Brian Berry v. Travis Leslie

767 F.3d 1144 · Court of Appeals for the Eleventh Circuit · Sep 16, 2014

But Leslie is not being denied qualified immunity for violations of clearly established constitutional rights that he did not commit or that were not pursuant to a *1157 policy that he approved. … established rights and requires the denial of qualified immunity.

Hal Stanley v. Asa Hutchinson

12 F.4th 834 · Court of Appeals for the Eighth Circuit · Sep 8, 2021

“Qualified immunity protects public officials from § 1983 damages actions if their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known. … Finally, even if the Fourth Amendment applies in this situation, an issue we do not decide, the defendants are entitled to qualified immunity because it was not clearly established in the Eighth Circuit when the Stanley children

Fernandez-Bravo v. Town of Manchester

711 F. App'x 5 · Court of Appeals for the Second Circuit · Jan 16, 2017

“A police officer is entitled to qualified immunity if (1) his conduct does not violate a clearly established constitutional right, or (2) it was objectively reasonable for the officer to believe his conduct did not violate … a clearly established constitutional right.”

Maltby v. Winston

36 F.3d 548 · Court of Appeals for the Seventh Circuit · Sep 14, 1994

Inspector Winston’s Qualified Immunity We begin our evaluation of the qualified immunity issue by setting forth Mr. Maltb/s allegations against Inspector Winston. In his complaint, Mr. … City of Milwaukee, 17 F.3d 944, 951 (7th Cir.1994) ("The plaintiff bears the burden of establishing the existence of a clearly established constitutional right.”); Apostol v.

97 Cal. Daily Op. Serv. 513, 97 Daily Journal D.A.R. 835 Mary Ann Carlo v. City of Chino, and Officer Hector Guerra

105 F.3d 493 · Court of Appeals for the Ninth Circuit · Jan 23, 1997

Further, the court held that even if such a right does exist, it was not clearly established when Carlo was arrested; and, therefore, Guerra was entitled to qualified immunity. … Qualified immunity asks what law was clearly established at the time the alleged violation occurred. In 1991, the Helms test was the clearly established law.

Hulen v. Yates

322 F.3d 1229 · Court of Appeals for the Tenth Circuit · Mar 4, 2003

Hulen received all process which is due, (2) Dean Costello was entitled to qualified immunity because the law was not clearly established. Even assuming that Dr. … Qualified Immunity Government officials who perform discretionary government functions are entitled to qualified immunity from civil damages, provided their conduct does not violate clearly established rights of

Steven Gillman v. City of Troy, Mich.

126 F.4th 1152 · Court of Appeals for the Sixth Circuit · Jan 22, 2025

Qualified Immunity Green-Hernandez begins by contesting the district court’s order denying her motion for summary judgment on her qualified immunity defense. … “A public official is entitled to qualified immunity at summary judgment when, viewing the facts in the light most favorable to the plaintiff, the challenged conduct did not violate ‘clearly established . . . constitutional

Troy Thompson v. Ira Mercer

762 F.3d 433 · Court of Appeals for the Fifth Circuit · Aug 7, 2014

A public official is entitled to qualified immunity unless his conduct violates constitutional law that was “clearly established at the time of the defendant’s actions.” Freeman v. … We agree with the Thompsons that—at the very least—the relevant law is not so well developed as to clearly establish a violation here. And it is for that very reason that Mercer is entitled to qualified immunity.

Phelan v. Village of Lyons

531 F.3d 484 · Court of Appeals for the Seventh Circuit · Jun 27, 2008

On appeal, Phelan maintains that Officer Dyas was not entitled to qualified immunity for the felony traffic stop. … Phelan construes this argument as an attempt by Officer Dyas to append a “third prong” to the qualified immunity inquiry: namely, whether the officer’s actions were reasonable even if they violated clearly established law

Robert Shawn Treff v. Kerry Galetka, Individually and as the Mailroom Supervisor at the Utah State Prison

74 F.3d 191 · Court of Appeals for the Tenth Circuit · Jan 10, 1996

Galetka was entitled to qualified immunity because the law was not clearly established that prisoners had a First Amendment right to have their outgoing mail processed for delivery by the United States Postal Service, absent … Galetka’s qualified immunity defense, we first conclude that a prisoner’s constitutional right of access to the courts is clearly established. Nordgren v.

Jerald Davis v. William Owens

973 F.2d 574 · Court of Appeals for the Seventh Circuit · Aug 26, 1992

The parties, however, assert that this court reviews a district court’s denial of qualified immunity under the clearly erroneous standard enunciated in Hughes v. … Qualified Immunity Public officials “generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would

Souza v. Pina

53 F.3d 423 · Court of Appeals for the First Circuit · Apr 28, 1995

Otherwise, as the Supreme Court has observed, the generality at which courts identify the "clearly established" legal right threatens to "convert the rule of qualified immunity . . . … Because Souza has failed to establish that appellants' acts transgressed a clearly established right, we conclude that defendants may invoke the defense of qualified immunity.

Schmidt v. Gray

399 F. App'x 925 · Court of Appeals for the Fifth Circuit · Oct 26, 2010

Qualified Immunity Gray’s first two claims on appeal attack the district court’s qualified immunity analysis. … “Under the doctrine of qualified immunity, government officials performing discretionary functions are shielded from civil liability ‘insofar as their conduct does not violate clearly established statutory or constitutional

Cathy Burns v. Rick Reed

44 F.3d 524 · Court of Appeals for the Seventh Circuit · Feb 6, 1995

Qualified immunity protects public officials from civil suit based on their discretionary functions except where such conduct violated “clearly established” law. Sherman v. … The Supreme Court’s test for qualified immunity has been summarized by this Court as follows; In determining whether the right alleged to have been violated was “clearly established,” the constitutional right must be identified

Richard Lemarbe v. Jerome J. Wisneski, Sharon Fairbanks Dennis Straub

266 F.3d 429 · Court of Appeals for the Sixth Circuit · Sep 19, 2001

such violated right was clearly established. … Clearly Established Right We also conclude that Le-Marbe has successfully proven that the allegedly violated right was clearly established.

Haynes v. Marshall

887 F.2d 700 · Court of Appeals for the Sixth Circuit · Oct 12, 1989

“[T]he right the official is alleged to have violated must have been ‘clearly established’ ” in a particularized sense, Anderson v. … They suggest, however, that there was no clearly established standard by which to measure whether they used excessive force, until 1986 when the Supreme Court announced its opinion in Whitley v.

Briaheen Thomas v. Tice

943 F.3d 145 · Court of Appeals for the Third Circuit · Nov 12, 2019

“Qualified immunity shields government officials from civil damages liability unless the official violated a statutory or constitutional right that was clearly established at the time of the challenged conduct.” … As the Majority notes, qualified immunity does not shield a government official where she has “violated a statutory or constitutional right that was clearly established at the time of the challenged conduct.” Reichle v.

Est of La'Mello Parker v. MS Dept

140 F.4th 226 · Court of Appeals for the Fifth Circuit · Jun 6, 2025

Coon therefore cannot provide the clearly established law necessary to overcome qualified immunity. 58 Plaintiffs also cite Grandstaff, but it, too, is distinguishable. … established at the time of the incident—and qualified immunity applies.