Case law

JUNKERT v. Massey

610 F.3d 364 · Court of Appeals for the Seventh Circuit · Jun 21, 2010

Massey is entitled to qualified immunity for his conduct in applying for a search warrant. See Hinnen v. Kelly, 992 F.2d 140, 144 (7th Cir. 1993). In this context, the test for qualified immunity comes from Malley v. … We have never clearly held that an affidavit materially similar to Massey’s failed to establish probable cause.

Lewis v. Walley

Court of Appeals for the Fifth Circuit · Feb 27, 2026

The district court denied defendant’s motion for judgment on the pleadings for the Fourth Amendment search claim, thus denying Walley’s defense of qualified immunity (“QI”). … Qualified Immunity “The doctrine of [QI] protects public officials from liability for civil damages ‘insofar as their conduct does not violate clearly established statu- tory or constitutional rights of which a reasonable

Jamie Kirkpatrick v. County of Washoe

792 F.3d 1184 · Court of Appeals for the Ninth Circuit · Jul 10, 2015

to qualified immunity on B.W.’s claim. *1193 See United States ex rel. … “Qualified immunity shields federal and state officials from money damages unless a plaintiff pleads facts showing (1) that the official violated a statutory or constitutional right, and (2) that the right was ‘clearly established

Tatro v. Kervin

Court of Appeals for the First Circuit · Dec 1, 1994

Ct. at 536 (qualified immunity shields police ______ officers from suit if "'a reasonable officer could have believed [plaintiff's arrest] to be lawful, in light of clearly established law and the information the [arresting … The police _____ _______ officers did not raise a qualified immunity defense and both parties agree that, given the facts of the case, no qualified immunity issue exists.

Randall Brickey v. Robb Hall

828 F.3d 298 · Court of Appeals for the Fourth Circuit · Jul 8, 2016

Qualified immunity shields government officials from personal liability when “their conduct does not violate clearly established . . . rights of which a reasonable person would have known.” … Hall is therefore entitled to qualified immunity.

Davis v. Scherer

468 U.S. 183 · Supreme Court of the United States · Aug 16, 1984

It reasoned that proof that an official had violated clearly established constitutional rights was not the “sole way” to overcome the official’s claim of qualified immunity. … Whether an official may prevail in his qualified immunity defense depends upon the “objective reasonableness of [his] conduct as measured by reference to clearly established law.” Ibid.(footnote deleted).

George R. Arnott, Sr. v. John Mataya, Greg Connolly

995 F.2d 121 · Court of Appeals for the Eighth Circuit · May 28, 1993

The test for qualified immunity is “whether a reasonable officer could have believed [the arrest] to be lawful, in light of clearly established law and the information the [arresting] officers possessed.” Anderson v. … (undisputed facts established that Secret Service agents were entitled to qualified immunity). This does not mean, however, that courts may always decide questions of qualified immunity on summary judgment.

Erin Lincoln v. City of Colleyville, Texas

874 F.3d 833 · Court of Appeals for the Fifth Circuit · Oct 31, 2017

Although Erin identifies the second step in the qualified immunity analysis, it is not clear that her contention was that the right to be free from excessive force was clearly established in this case. … Accordingly, Erin waived argument as to the clearly established law prong and thus cannot overcome qualified immunity. 92 Regardless, we cannot on this record conclude that Erin 89 See Melear v.

Dominguez v. Hendley

545 F.3d 585 · Court of Appeals for the Seventh Circuit · Sep 30, 2008

It is somewhat unusual to encounter a qualified immunity defense this late in the proceedings, because qualified immunity is normally raised during the pretrial phase so that the public official can avoid the burdens of trial … There was and is no disputing that such conduct violates clearly established constitutional rights. Hendley merely hoped that the jury would credit his version of what happened rather than Dominguez’s.

Paige Ray-Cluney v. Charles Palmer

906 F.3d 540 · Court of Appeals for the Seventh Circuit · Oct 9, 2018

“The doctrine of qualified immunity protects government officials ‘from liability for civil damages insofar as their con- duct does not violate clearly established statutory or constitu- tional rights of which a reasonable … Under the clearly established prong, “the burden is on plaintiffs to demonstrate the alleged violation of their [consti- tutional] right[s] was ‘clearly established.’” Id.

Grantham v. Trickey

21 F.3d 289 · Court of Appeals for the Eighth Circuit · Apr 12, 1994

established" for the purposes of qualified immunity. … balancing test, it can rarely be considered "clearly established" for purposes of the Harlow qualified immunity standard.... 22 ...

Williams v. Consolidated City of Jacksonville

341 F.3d 1261 · Court of Appeals for the Eleventh Circuit · Aug 14, 2003

DISCUSSION 12 “Qualified immunity offers complete protection for government officials sued in their individual capacities if their conduct ‘does not violate clearly established statutory or constitutional rights of which … of his actions was “clearly established.”

Courtney MacKintrush v. Dustin Hodge

987 F.3d 767 · Court of Appeals for the Eighth Circuit · Feb 5, 2021

“A defendant denied summary judgment based on qualified immunity may appeal the purely legal issue of whether the facts alleged support a claim of violation of clearly established law.” Mallak v. … “Qualified immunity attaches when an official’s conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” City of Escondido v. Emmons, 139 S.

Rohrbough v. Hall

586 F.3d 582 · Court of Appeals for the Eighth Circuit · Nov 9, 2009

After careful consideration, we conclude that the constitutional right involved in this case was clearly established at the time of the alleged violation. … In other words, although “[t]he right to be free from excessive force is a clearly established right,” Guite v.

Frances A. Warner v. John A. Graham, Duainne S. Bourcy, Wayne J. Anderson and Weldee Baetsch

845 F.2d 179 · Court of Appeals for the Eighth Circuit · Apr 27, 1988

The court then denied the supervisors’ motion for summary judgment based on qualified immunity concluding that Warner’s right to use peyote was clearly established at the time of her termination and that the supervisors should … Even if we were to conclude that Warner had a clearly established constitutional right to use peyote, it is insufficient for immunity purposes to determine only if a “clearly established” constitutional right exists.

Sigman v. Town Of Chapel Hill

161 F.3d 782 · Court of Appeals for the Fourth Circuit · Dec 2, 1998

immunity. 16 Police officers are protected by qualified immunity when performing their duties within the scope of their employment insofar as their conduct does not breach "clearly established statutory or constitutional … Fitzgerald, 457 U.S. 800, 818 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 , (1982) (qualified immunity exists when "conduct does not violate clearly established ... constitutional rights of which a reasonable person would have known

Jason Mucha v. Jutiki Jackson

786 F.3d 1064 · Court of Appeals for the Seventh Circuit · May 27, 2015

They rely for their defense of qualified immunity on Wisconsin’s emergency detention statute, Wis. … They were not violating any clearly established law, whether constitutional or statutory, federal or state.

Mitchell v. Miller

790 F.3d 73 · Court of Appeals for the First Circuit · Jun 15, 2015

Clearly Established Mitchell has the burden of demonstrating that as of April 10, 2011, the time of the alleged violation, the law was clearly established such that a reasonable officer in Miller's shoes would … The Supreme Court "express[ed] no view as to the correctness of the Court of Appeals' decision on the constitutional question," but held that the right was not clearly established, and Brosseau was entitled to qualified

Kokesh v. Curlee

14 F.4th 382 · Court of Appeals for the Fifth Circuit · Sep 21, 2021

This is true “even when . . . a court decides only the clearly-established prong of the [qualified immunity] standard.” Tolan v. Cotton, 572 U.S. 650, 657 (2014). … B Turning to qualified immunity’s second inquiry—whether a constitutional right was clearly established—we did more in Turner than simply declare that the right to record police exists.

Solomon v. Auburn Hills Police

Court of Appeals for the Sixth Circuit · Nov 10, 2004

Kiefer, 310 F.3d 937, 944 (6th Cir. 2002) (recognizing that “right to be free from ‘excessively forceful handcuffing’ is a clearly established right for qualified immunity purposes”); Turek v. … Constitutional Right Clearly Established Once a potential violation of a plaintiff’s constitutional right has been established, we next decide whether that right was clearly established.