Case law

Ngo v. Storlie

495 F.3d 597 · Court of Appeals for the Eighth Circuit · Jul 26, 2007

actions were objectively reasonable in light of clearly established law. … Here, we must ask whether Ngo’s right to be free from excessive force is clearly established.

Brandee Buschmann v. Kansas City Police Department

76 F.4th 1081 · Court of Appeals for the Eighth Circuit · Aug 10, 2023

The court ruled that Beck was entitled to qualified immunity, and dismissed the claim against the Board on the ground that no individual officer was liable. … Qualified immunity shields a police officer from suit unless his conduct violated a clearly established right of the plaintiff. See Harlow v.

Natasha Thomas Susan Gibbs and Edwina Lewis v. Ann Cohen Glenn Craig James Embry and Susan Fischer, in Their Individual Capacities

304 F.3d 563 · Court of Appeals for the Sixth Circuit · Aug 23, 2002

a given set of facts violates clearly established law.” … Qualified Immunity We must also decide whether, in light of clearly established law applicable on the date of the eviction, a reasonable officer would have believed that Defendants’ conduct deprived Plaintiffs of their Fourth

Michael M. Gorman v. Renault Robinson, George C. Cramer, and William T. Salem

977 F.2d 350 · Court of Appeals for the Seventh Circuit · Oct 9, 1992

In a motion for summary judgment, the defendants argued that the doctrine of qualified immunity shielded them from suit. … The Supreme Court has made clear that qualified immunity is an immunity from suit rather than a defense to liability. Mitchell v. Forsyth, 472 U.S. 511, 529 , 105 S.Ct. 2806, 2817 , 86 L.Ed.2d 411 (1985).

Hare Ex Rel. Hare v. City of Corinth

135 F.3d 320 · Court of Appeals for the Fifth Circuit · Mar 5, 1998

The bifurcated test for qualified immunity is quite familiar: (1) whether the plaintiff has alleged a violation of a clearly established constitutional right; and, (2) if so, whether the defendant’s … The second prong of the qualified immunity test is better understood as two separate inquiries: whether the allegedly violated constitutional rights were clearly established at the time of the incident;

Jack G. Kelly v. Charles C. Foti, Jr., City of New Orleans, John Doe, and Jane Roe

77 F.3d 819 · Court of Appeals for the Fifth Circuit · Apr 29, 1996

Denial of summary judgment on the ground of qualified immunity is immediately appealable to the extent that the question on appeal is whether the undisputed facts amount to a violation of clearly established law. … a qualified immunity defense.

Jane Doe v. Petaluma City School District

54 F.3d 1447 · Court of Appeals for the Ninth Circuit · May 12, 1995

"On review of a denial of qualified immunity, '[w]e have jurisdiction only to decide if defendant's conduct violated ... clearly established [law].' " Pelletier v. … Because qualified immunity is an affirmative defense from suit, not merely from liability, "[u]nless the plaintiff's allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity

Jacquelyn M. Chagnon v. Griffin Bell

642 F.2d 1248 · Court of Appeals for the D.C. Circuit · Oct 14, 1980

defense only in an area of “clearly established” law. … Rather, the question is whether the conduct complained of transgressed “clearly established” constitutional limits.

Cummins v. Campbell

44 F.3d 847 · Court of Appeals for the Tenth Circuit · Dec 28, 1994

We hold that the Regents were entitled to qualified immunity because the constitutional law they allegedly violated was not clearly established at the time they briefly suspended authority to show the film. … However, the district court agreed with Appellees that the law Appellees allegedly violated was not clearly established and granted them summary judgment based on qualified immunity. A.

Leary v. Livingston County

528 F.3d 438 · Court of Appeals for the Sixth Circuit · Jun 10, 2008

As to Stone, we affirm the district court’s denial of qualified immunity; as to McGuekin, we reverse the district court’s denial of qualified immunity because the force used was de minimis. *441 I. … To overcome a qualified-immunity defense in the setting of a constitutional tort, a plaintiff must establish (1) that the defendant violated a “constitutional right” and (2) that the right “was clearly established.”

Heather Kerchen v. Univ. of Mich.

100 F.4th 751 · Court of Appeals for the Sixth Circuit · May 6, 2024

Qualified immunity immunizes government officials from suit to the extent that their conduct does not violate clearly established law. Harlow v. Fitzgerald, 457 U.S. 800, 818 (1982). … Although qualified immunity may generally be better resolved on a motion for summary judgment rather than a motion to dismiss, a plaintiff must still sufficiently plead facts to show a clearly established constitutional violation

96 Cal. Daily Op. Serv. 9203, 97 Cal. Daily Op. Serv. 1350, 96 Daily Journal D.A.R. 15,215, 97 Daily Journal D.A.R. 2025 James Senator Marks Tommy Marks David Marks v. John R. Clarke William F. Grub Stephen W. Keane Michael Lavelle Gerald R. Poindexter Robert Vanleuven Ralph C. Weir, James Senator Marks Tommy Marks David Marks, Gypsy Church of the Northwest v. John R. Clarke William F. Grub Stephen W. Keane Michael Lavelle Gerald R. Poindexter Robert Vanleuven Ralph C. Weir, and Robert G. Bailor Denise E. Coker Monte E. Gaunt Donald E. Johnson Richard J. Poole Nicolis E. Stanley Michael F. Yates, James Senator Marks Tommy Marks David Marks v. John R. Clarke William F. Grub Stephen W. Keane Michael Lavelle Gerald R. Poindexter Robert Vanleuven Ralph C. Weir, and City of Spokane Robert Allen Earl L. Ennis Lawrence R. Freeman Clifford Harding Kenneth R. Krogh Larry M. Lindskog Jack E. Neumiller Andrew J. Pavlischak Sheldon Reeve, Gypsy Church of the Northwest v. Spokane County, and John R. Clarke William F. Grub Stephen W. Keane Michael Lavelle Gerald R. Poindexter Robert Vanleuven Ralph C. Weir, Gypsy Church of the Northwest v. Spokane County, and Robert G. Bailor Denise E. Coker Monte E. Gaunt Donald E. Johnson Richard J. Poole Nicolis E. Stanley Michael F. Yates, Gypsy Church of the Northwest v. Spokane County, and City of Spokane Robert Allen Earl L. Ennis Lawrence R. Freeman Clifford Harding Kenneth R. Krogh Larry M. Lindskog Jack E. Neumiller Andrew J. Pavlischak Sheldon Reeve, Gypsy Church of the Northwest, and Grover Marks v. Detective Rick Grabenstein

102 F.3d 1012 · Court of Appeals for the Ninth Circuit · Feb 26, 1997

Once again, under the clearly established law of Ybarra v. … inspection at that location did not violate clearly established law.

Mencer v. Bd. of Ed./Birmingham, AL

134 F.3d 1066 · Court of Appeals for the Eleventh Circuit · Feb 5, 1998

Thus, the court did not deny Hammonds qualified immunity based only on "evidence sufficiency" but on its belief that a reasonable person in Hammonds' position would have known his conduct violated clearly established law … Thus, if we are confronted with an appeal from a denial of qualified immunity, we may exercise our discretion to review the district court's preliminary determination as a means of reaching the issue of clearly established

Phillip Ransom v. Anthony Grisafe

790 F.3d 804 · Court of Appeals for the Eighth Circuit · Jun 22, 2015

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 person would have … To overcome the defense of qualified immuni *811 ty, Ransom must have shown that the officers’ actions violated a constitutional right that was “clearly established” at the time of their alleged misconduct.

Nieto v. San Perlita Independent School District

894 F.2d 174 · Court of Appeals for the Fifth Circuit · Feb 16, 1990

the plaintiff’s clearly established right to protected speech. … Consequently, the defendants did not violate a clearly established constitutional right secured to Nieto. They are therefore entitled to qualified immunity and dismissal from this suit.

Avery v. King

110 F.3d 12 · Court of Appeals for the Sixth Circuit · Apr 1, 1997

“Government officials performing discretionary functions are afforded qualified immunity, shielding them from civil damages, as long as their conduct ‘does not violate clearly established statutory or constitutional rights … Therefore, Officer King was entitled to qualified immunity if “ ‘a reasonable officer could have believed [Avery’s arrest] to be lawful, in light of clearly established law and the information the [arresting] officers possessed

Southerland v. City of New York

680 F.3d 127 · Court of Appeals for the Second Circuit · May 22, 2012

Callahan, 555 U.S. at 237, the pertinent 4 qualified immunity inquiry is whether the right was clearly established at the time of the 5 defendant’s actions, see Ashcroft v. al-Kidd, 131 S. … Thus, even if the right at issue “was clearly established in certain 12 respects,” a state actor “is still entitled to qualified immunity if ‘officers of reasonable 13 competence could disagree’ on the legality of the

Gavonna Willis v. Juanita Mills

141 F.4th 905 · Court of Appeals for the Eighth Circuit · Jun 20, 2025

of a constitutional or statutory right; and (2) whether the right was clearly established at the time of the deprivation.” … The district court’s denial of summary judgment based on qualified immunity was proper.

Cagle Ex Rel. Estate of Butler v. Sutherland

334 F.3d 980 · Court of Appeals for the Eleventh Circuit · Jun 18, 2003

functions are e ntitled to qualified immunity ‘insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’” … Butler’s 15 Even if Jailer Cole had violated the Constitution, he likely would be entitled to qualified immunity, having violated no clearly established constitutional rights.

Dwayne Andrews v. Keith Schafer

888 F.3d 981 · Court of Appeals for the Eighth Circuit · Apr 30, 2018

“Qualified immunity protects a government official from liability in a section 1983 action unless the official's conduct violated a clearly established constitutional or statutory right of which a reasonable person would … ; and (2) the right was clearly established at the time of the deprivation.”