Case law

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.

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

Africa v. City of Philadelphia

49 F.3d 945 · Court of Appeals for the Third Circuit · Mar 6, 1995

If the law is not established clearly when an official acts, he is entitled to qualified immunity because he “could not reasonably be expected, to anticipate subsequent legal developments, nor could he fairly be said to ‘ … qualified immunity.

Wrench Transportation Systems, Inc. v. Bradley

340 F. App'x 812 · Court of Appeals for the Third Circuit · Jul 28, 2009

Because we find that Malone's claim does not establish the deprivation of a Constitutional right, we need not determine whether Kennedy and McMahon are entitled to qualified immunity. See Pearson v. … . -, 129 S.Ct. 808, 815-18 , 172 L.Ed.2d 565 (2009) (upholding the two prongs of qualified immunity analysis — that a plaintiff must show a “violation of a constitutional right” and that the right was "clearly established

Hunter Tillis v. Allan H. Brown, Jr.

12 F.4th 1291 · Court of Appeals for the Eleventh Circuit · Sep 7, 2021

Brown’s use of deadly force was specifically circumscribed by our clearly established Fourth Amendment precedent. He therefore is not entitled to qualified immunity. A. … But for plaintiffs to overcome the bar of qualified immunity, Brown’s conduct must also have violated clearly established law.

Dean Napolitano v. Kim Flynn, Individually and Sheila Prue, Individually and Stonewall, Inc., Kim Flynn, Individually and Sheila Prue, Individually

949 F.2d 617 · Court of Appeals for the Second Circuit · Nov 22, 1991

Because Vermont interprets qualified immunity as an immunity from suit, we hold that qualified immunity is a collateral right under Vermont law, and we, therefore, have jurisdiction over the Officers’ appeal. … Their actions did not violate any of Napolitano’s clearly established rights under Vermont law. We hold, therefore, that the Officers are entitled to immunity from suit on Napolitano’s state law claims.

Vasquez v. Maloney

990 F.3d 232 · Court of Appeals for the Second Circuit · Mar 4, 2021

immunity because clearly established law prohibits detaining and frisking a person without a warrant, probable cause, or reasonable suspicion of criminal activity. … 2) that the right was clearly established at the time of the challenged conduct.”

Ash-har Quraishi v. Deputy Michael Anderson

986 F.3d 831 · Court of Appeals for the Eighth Circuit · Jan 28, 2021

Qualified immunity shields Anderson from civil damages liability if his conduct does not violate “clearly established statutory or constitutional rights of which a reasonable person would have known.” See Harlow v. … Anderson insists that the law was not clearly established at the time of his alleged misconduct.

Lincoln v. Maketa

880 F.3d 533 · Court of Appeals for the Tenth Circuit · Jan 17, 2018

Qualified Immunity The doctrine of qualified immunity protects officials from civil liability as long as they do not “‘violate clearly established statutory or constitutional rights of which a reasonable person would … City of Albuquerque, 813 F.3d 912, 929 n.9 (10th Cir. 2015) (“A circuit split will not satisfy the clearly established prong of qualified immunity.”).

Cox v. Wilson

971 F.3d 1159 · Court of Appeals for the Tenth Circuit · Aug 19, 2020

In concluding that Wilson was entitled to qualified immunity, the panel relies solely on the second prong of the qualified immunity inquiry—whether the constitutional right violated “was clearly established at the time … Yet the Pauly officers were protected by qualified immunity because of the absence of clearly established law prohibiting their conduct.

Russo v. City of Cincinnati

953 F.2d 1036 · Court of Appeals for the Sixth Circuit · Jan 15, 1992

In response, all three officers assert qualified immunity. Pierson v. Ray, 386 U.S. 547 , 87 S.Ct. 1213 , 18 L.Ed.2d 288 (1967), established that police officers enjoy qualified immunity from suits brought under § 1983. … overcome a qualified immunity claim.

Matusak v. Daminski

Court of Appeals for the Second Circuit · Jan 29, 2026

Qualified Immunity Framework Qualified immunity shields government officials from liability for civil damages if “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … Murphy and Unterborn are therefore entitled to qualified immunity. 8 8 Our case law would still permit us to conclude that the officers are entitled to qualified immunity even if the law was clearly established in the

P.B. v. Koch

96 F.3d 1298 · Court of Appeals for the Ninth Circuit · Sep 27, 1996

Koch moved for qualified immunity, contending that his. conduct did not violate clearly established constitutional rights. … Determining whether a public official is entitled to qualified immunity “requires a two-part inquiry: (1) Was the law governing the state official’s conduct clearly established?

Thomas ex rel. Thomas v. Roberts

323 F.3d 950 · Court of Appeals for the Eleventh Circuit · Mar 10, 2003

The “clear” requirement stems from the fact that the purpose of qualified immunity is to protect government officials performing discretionary functions from civil liability when their actions violate no “clearly established … Plaintiffs insist that “consensus or persuasive authority” from other circuits may create clearly established law.

Mastroianni v. Bowers

160 F.3d 671 · Court of Appeals for the Eleventh Circuit · Nov 13, 1998

Second, appellants contend that even if absolute 3 immunity does not protect them, they are entitled to qualified immunity because they did not violate any clearly established … Qualified immunity A.

Karen Kennedy v. Los Angeles Police Department City of Los Angeles James J. King Stanley A. Schott

887 F.2d 920 · Court of Appeals for the Ninth Circuit · Oct 11, 1989

They advance two bases to support this contention: *923 (1) that probable cause to arrest was established as a matter of law; and (2) that they were entitled to qualified immunity as a matter of law. … Our preceding discussion about the obvious lack of probable cause is dispositive of the qualified immunity question.

Art Rojas v. City of Ocala, Florida

40 F.4th 1347 · Court of Appeals for the Eleventh Circuit · Jul 22, 2022

Hale’s “contact is sufficient to establish the personal and in- dividualized injury necessary for standing.” Pelphrey, 547 F.3d at 1280. … Be- cause the district court and the parties believed that Lemon was still shuffling about at the time, the court applied it in concluding that there was an Establishment Clause violation in this case.

Brennan v. Hobson

470 U.S. 1084 · Supreme Court of the United States · Mar 25, 1985

Dennis O'Connor v. Rachael Eubanks

83 F.4th 1018 · Court of Appeals for the Sixth Circuit · Oct 6, 2023

Qualified immunity protects Eubanks and Stanton unless “(1) they violated a federal statutory or constitutional right, and (2) the unlawfulness of their conduct was clearly established at the time.” Dist. of Columbia v. … First, Vicory’s focus on individual liability supplies the wrong inquiry for qualified immunity. Under the “clearly established” prong, we should ask “what happened,” not “whom can you sue.”

Stump v. Gates

986 F.2d 1429 · Court of Appeals for the Tenth Circuit · Feb 11, 1993

Appellant's App., doc. 11 at 2-3. 7 In reviewing the grant or denial of qualified immunity, this court must "determine whether defendants violated 'clearly established statutory or constitutional rights of which a reasonable … The parties naturally characterize the qualified immunity issue differently.