Case law

David McNair v. Collin Pratt

Court of Appeals for the Sixth Circuit · Sep 3, 2025

In denying qualified immunity, the district court resolved the legal question of whether Pratt’s conduct violated clearly established law, giving us the opportunity to review immediately its resolution of that issue. … In this case, we can begin and end our analysis with the second step of the qualified- immunity analysis, because we hold that Pratt’s conduct did not violate McNair’s clearly established rights.

Armstrong v. Ashley

918 F.3d 419 · Court of Appeals for the Fifth Circuit · Mar 11, 2019

A decision on qualified immunity can be an appealable final decision, "but only to the extent that the appeal concerns the purely legal question whether the defendants are entitled to qualified immunity on the facts[.]" … Typically, this determination is a decision on "whether the federal right allegedly infringed was clearly established." Behrens v.

Dontray Chaney v. City of Orlando, FL

291 F. App'x 238 · Court of Appeals for the Eleventh Circuit · Aug 26, 2008

Qualified immunity shields officers from civil liability if, considering the facts in the light most favorable to the party asserting the injury, the officers’ conduct does not violate clearly established constitutional … to establish that qualified immunity does not apply.”

Lenell Geter v. James Fortenberry

882 F.2d 167 · Court of Appeals for the Fifth Circuit · Sep 5, 1989

We examine the plaintiffs’ factual allegations only to determine whether they would be sufficient, if proven, to make out a violation of clearly-established law. 3 II. … However, in Geter I we held that these same allegations were substantial enough to “remove the cloak of qualified immunity”: “[A] police officer cannot avail himself of a qualified immunity defense if he procures false identification

Moore v. City of Wynnewood

57 F.3d 924 · Court of Appeals for the Tenth Circuit · Jun 13, 1995

were not clearly established. … First Amendment rights were clearly established, and Sanders, therefore, would be entitled to the defense of qualified immunity.

Bruner v. Cassidy

Court of Appeals for the Tenth Circuit · Jan 8, 2026

Clearly established that it was unreasonable Even if their conduct is deemed unreasonable in the instant case, officers are still entitled to qualified immunity if the law did not clearly establish that the conduct … This use of force was excessive, and the law clearly established it was a constitutional violation at the time, meaning the officers are not entitled to qualified immunity.

Hatheway v. Thies

335 F.3d 1199 · Court of Appeals for the Tenth Circuit · Jul 18, 2003

In arguing that they are entitled to qualified immunity, the detectives contend that (1) the law was not clearly established as to whether Mr. … Denial of Qualified Immunity Qualified immunity is available to government officials when “their -11- conduct does not violate clearly established statutory or constitutional

Meyer v. Town of Buffalo

482 F.3d 1232 · Court of Appeals for the Tenth Circuit · Apr 16, 2007

To overcome the defense of qualified immunity, the judge noted, a plaintiff is required to show that the defendants’ actions violated a federal constitutional or statutory right, and that the right violated was clearly … Bryant, 502 U.S. 224, 227 (1991) (per curiam), for the principle that an officer must be granted qualified immunity if, in light of clearly established law and the information the officer possessed, a reasonable officer

Robert Painter v. Bill Robertson Robert Tush

185 F.3d 557 · Court of Appeals for the Sixth Circuit · Jul 20, 1999

On review, the plaintiff has contended that qualified immunity was unavailable to the defendants because clearly established federal law directed that law enforcement authorities may not frisk a citizen for weapons purportedly … Accordingly, any “objectively reasonable” action by a state officer, as assessed in the light of clearly established law at the time of the conduct at issue, will be insulated by qualified immunity. Id.

Jiron v. City of Lakewood

392 F.3d 410 · Court of Appeals for the Tenth Circuit · Dec 20, 2004

Having found no violation of a constitutional or statutory right, we need not address whether any such right was “clearly established.” … However, when a finding of qualified immunity is based on a conclusion that the officer has committed no constitutional violation – i.e., the first step of the qualified immunity analysis – a finding of qualified immunity

Kiddy-Brown v. Blagojevich

408 F.3d 346 · Court of Appeals for the Seventh Circuit · Jul 13, 2005

However, the law of qualified immunity does not require a plaintiff to produce a case that is "directly on point" in order to show that a right is clearly established. Nabozny v. … Kiddy-Brown has alleged sufficient facts to meet the first part of the qualified immunity inquiry. 2. 36 We now turn to the second part of the qualified immunity inquiry—whether the law was clearly established when Ms.

Wiley v. Doory

14 F.3d 993 · Court of Appeals for the Fourth Circuit · Jan 27, 1994

The only issue before this Court is whether Doory is entitled to qualified immunity. 6 4 * Qualified immunity shields a governmental official from liability for civil monetary damages if the officer's "conduct does not violate … Thus, appellant Doory is entitled to qualified immunity.

Morris v. Town of Lexington Alabama

748 F.3d 1316 · Court of Appeals for the Eleventh Circuit · May 21, 2014

“The doctrine of 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 … rights were “clearly established” when the defendant committed the act complained of.

Austin v. Hamilton

945 F.2d 1155 · Court of Appeals for the Tenth Circuit · Sep 24, 1991

Qualified Immunity 16 In assessing a defense of qualified immunity, the court must determine the objective reasonableness of the challenged conduct by reference to the law clearly established at the time of the alleged constitutional … That standard was clearly established at the time the challenged incident took place." 20 Dixon v. Richer, 922 F.2d 1456, 1461-62 (10th Cir.1991).

Hbrandon Lee Flagner v. Reginald Wilkinson

241 F.3d 475 · Court of Appeals for the Sixth Circuit · Feb 22, 2001

After determining that a constitutional right is clearly established, the final step in our qualified immunity analysis is to inquire “whether the plaintiff has alleged sufficient facts supported by sufficient evidence to … Because Flagner has not satisfied his burden to establish that the “defendant officials] violated a clearly established constitutional right,” Buckner, 36 F.3d at 539 , the defendants are entitled to qualified immunity solely

Yarris v. County of Delaware

465 F.3d 129 · Court of Appeals for the Third Circuit · Oct 2, 2006

immunity. 53 Qualified immunity shields state officials from suit when their conduct "does not violate clearly established statutory or constitutional rights of which a reasonable person would have known." … If the court concludes that the defendant's conduct violated a clearly established constitutional or statutory right, it must deny the defendant the protection afforded by qualified immunity.

Wilson v. Blankenship

163 F.3d 1284 · Court of Appeals for the Eleventh Circuit · Dec 31, 1998

General propositions and abstractions do not qualify for bright line, clearly established law. See Lassiter, 28 F.3d at 1150. … detainees housed there or specific square footage for inmates to exercise violates no clearly established law for qualified immunity purposes, as we clarify. 1.

Nielander v. Board of County Commissioners

582 F.3d 1155 · Court of Appeals for the Tenth Circuit · Aug 31, 2009

Qualified Immunity Qualified immunity protects government officials performing discretionary functions from individual liability in federal claims unless their conduct violates “clearly established statutory or constitutional … -24- concluding that statement two was a true threat under clearly established federal law) cannot be resolved as a matter of law, the law is not clearly established and qualified

Israel E. Nelson v. Roger T. Overberg

999 F.2d 162 · Court of Appeals for the Sixth Circuit · Jul 20, 1993

[N]o qualified immunity is' available under that set of facts. Overberg filed this timely appeal. II. A denial of summary judgment on the basis of qualified immunity is appealable. Mitchell v. … Therefore, qualified immunity is not appropriate in this case.

Walentas v. Lipper

862 F.2d 414 · Court of Appeals for the Second Circuit · Nov 25, 1988

Qualified Immunity. Walentas claims that the district incorrectly applied the standard of qualified immunity in concluding that Lipper was entitled to such immunity. Walentas v. … Thus, since the legal proposition argued by Wal-entas was not clearly established at the relevant time, Lipper’s conduct was protected by qualified immunity.