Case law

Greiner v. City of Champlin

27 F.3d 1346 · Court of Appeals for the Eighth Circuit · Jul 5, 1994

The district court held the federal claims were barred by qualified immunity and the state claims by official immunity. … An official loses immunity if, first, the law he violated was clearly established at the time of the violation, and second, the applicability of the law to his particular action was evident. Id.

Amore v. Novarro

610 F.3d 155 · Court of Appeals for the Second Circuit · Jun 22, 2010

The district court concluded that Novarro was not entitled to qualified immunity: Amore had a clearly established constitutional right to be free from unlawful arrest, and it would have been clear to a reasonable officer … Whether the “objectively reasonable” inquiry is framed as part of the “clearly established” inquiry, or apart from it, does not affect the outcome of the qualified immunity analysis here. 9 *163 III.

Allah v. Juchenwioz

176 F. App'x 187 · Court of Appeals for the Second Circuit · Apr 12, 2006

which the Court found to exist in its 1999 decision was not clearly established at the relevant time.” … “In general, public officials are entitled to qualified immunity if (1) their conduct does not violate clearly established constitutional rights, or (2) it was objectively reasonable for them to believe their acts did not

Darryl Leon Rouse v. William Plantier, Acting Superintendent of A.D.T.C. Sally S. Scheidemantel, Resigning Superintendent of A.D.T.C. William H. Fauver, Commissioner of N.J. Department of Corrections Governor Jim Florio, State of New Jersey Dr. Robert Cardinale, Medical Director of A.D.T.C. Dr. Narshima Reddy, Attending Physician of A.D.T.C. Ms. Elaine Martin, Chief Nurse of A.D.T.C. Captain Helmkin, Housing Mike Zell, Director of Social Services Dr. Sandoval, Attending Psychologist of A.D.T.C. Dr. Cattone, M.D., St. Francis Hospital Scott Faunce Dr. Tarlian, M.D. Dr. O'bryne, M.D. Dr. Todd, M.D., St. Francis Hospital Charles Brooks, on Behalf of a Class of Themselves and Others Similarly Situated Stephen Jankowski, on Behalf of a Class of Themselves and Others Similarly Situated Julio Baez, on Behalf of a Class of Themselves and Others Similarly Situated Robert Kammerer, on Behalf of a Class of Themselves and Others Similarly Situated v. Elaine Allen John Doe Jane Roe William Plantier Robert Cardinale Narshima Reddy Elaine Allen

182 F.3d 192 · Court of Appeals for the Third Circuit · Jun 29, 1999

Turning to defendants' qualified immunity defense, the District Court held that the right at issue was clearly established and that the defendants had failed to demonstrate the reasonableness of their actions. … immunity, it is necessary to determine whether a reasonable official in the position of that defendant would have known that his or her actions were unconstitutional in light of the clearly established law and the information

Doe v. Ferguson

128 F.4th 727 · Court of Appeals for the Fifth Circuit · Feb 13, 2025

“Qualified immunity protects officers from suit unless their conduct violates a clearly established [statutory or] constitutional right.” Converse v. City of Kemah, 961 F.3d 771, 774 (5th Cir. 2020) (quoting Mace v. … If defendant asserts a qualified-immunity defense, “a plaintiff seeking to overcome qualified immunity must show: (1) that the official violated a statutory or constitutional right, and (2) that the right was clearly established

Haley v. City of Boston

657 F.3d 39 · Court of Appeals for the First Circuit · Sep 19, 2011

If "it is plain that a constitutional right is not clearly established," a court may grant the requested immunity without undertaking the "essentially academic exercise" of ascertaining whether … The upshot, then, is that, by 1972, the relevant right was clearly established.

Landers v. Adelstein

Court of Appeals for the Fifth Circuit · Sep 8, 2021

“The grant of a motion to dismiss based on qualified immunity similarly is reviewed de novo.” Whitley v. Hanna, 726 F.3d 631, 637 (5th Cir. 2013). … His assertions that Adelstein was not entitled to qualified immunity fail as he cannot establish the denial of a constitutional right.

Nicholas Bolton v. Sheriff of Coweta County, GA

Court of Appeals for the Eleventh Circuit · May 21, 2026

that “was clearly established.” … Bolton fails to explain how any violation of his rights was clearly established.

Salinas v. Texas Workforce Commission

573 F. App'x 370 · Court of Appeals for the Fifth Circuit · Jun 19, 2014

To evaluate a qualified immunity defense the court must inquire: “(1) whether the defendant’s conduct violated a constitutional right, and (2) whether the defendant’s conduct was objectively unreasonably in light of clearly … Salinas has not shown that any defendant violated his constitutional rights or clearly established law.

Costanich v. Department of Social & Health Services

627 F.3d 1101 · Court of Appeals for the Ninth Circuit · Dec 3, 2010

clearly established. 1. … immunity, this right had not previously been clearly established in the civil context. 13 A right is “clearly established” when “the contours of the right were already delineated with sufficient clarity to make a reasonable

Sadallah v. City Of Utica

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

defendant's action was objective[ly] legal [ly] reasonable[ ] ... in light of the legal rules that were clearly established at the time it was taken. 10 X-Men Sec., Inc. v. … Accordingly, Hanna is entitled to qualified immunity. C.

Ricky Brogsdale v. Marion S. Barry, Jr., Donyell A. Marsh v. Marion S. Barry, Jr.

926 F.2d 1184 · Court of Appeals for the D.C. Circuit · Mar 12, 1991

legal rules that were ‘clearly established’ at the time it was taken.” … Hollowell, 714 F.2d 1372, 1376 (5th Cir.1983) (inmates’ rights were “clearly established” by earlier court order, such that breach of that order could not be within officials’ qualified immunity).

Sarah Molina v. Daniel Book

59 F.4th 334 · Court of Appeals for the Eighth Circuit · Feb 2, 2023

In the face of a summary-judgment motion seeking qualified immunity, the district court ruled that the claims could proceed to a jury. … It could not have clearly established a First Amendment right to wear the bright green hats.

Austin v. City of Pasadena

74 F.4th 312 · Court of Appeals for the Fifth Circuit · Jul 18, 2023

“Qualified immunity protects officers from suit unless their conduct violates a clearly established right.” Mace v. City of Palestine, 333 F.3d 621, 623 (5th Cir. 2003). … The test for qualified immunity involves two steps: “first we ask whether the officer’s alleged conduct has violated a federal right; . . . second we ask whether the right in question was ‘clearly established’ at

Mocek v. City of Albuquerque

813 F.3d 912 · Court of Appeals for the Tenth Circuit · Dec 22, 2015

A circuit split will not satisfy the clearly established prong of qualified immunity. But even if we were persuaded by Tobey, Mocek has made no compelling argument as to why its logic should apply here. … Jurisdiction 10 Although qualified immunity shields municipal employees where the law is not clearly established, this defense does not apply to municipalities themselves. Cordova v.

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.

Joseph Williams v. City of Sparks

112 F.4th 635 · Court of Appeals for the Ninth Circuit · Aug 9, 2024

of their conduct was ‘clearly established at the time.’” … A municipality is not entitled to assert the defense of qualified immunity. See id.

Gardner v. Howard

109 F.3d 427 · Court of Appeals for the Eighth Circuit · Mar 12, 1997

Defendants appeal the qualified immunity portion of that ruling. … II. 8 Qualified immunity shields government officials from § 1983 damage liability unless their conduct violates "clearly established statutory or constitutional rights of which a reasonable person would have known."

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.

Munger v. City of Glasgow Police Department

227 F.3d 1082 · Court of Appeals for the Ninth Circuit · Sep 6, 2000

Qualified immunity “ ‘shield[s] [government agents] from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which 'a reasonable person would have … To evaluate a qualified immunity claim, we first ask whether the law governing the official’s conduct was clearly established; if so, we ask whether under that law, and under the circumstances at issue, a reasonable officer