Case law

Fogel v. Collins

531 F.3d 824 · Court of Appeals for the Ninth Circuit · Jun 27, 2008

Police officers performing discretionary functions within the scope of their employment have qualified immunity from civil suit as long as “their conduct does not violate clearly established statutory or constitutional rights … A two-step analysis guides our qualified immunity inquiry.

Dennis J. Domegan v. Michael v. Fair

859 F.2d 1059 · Court of Appeals for the First Circuit · Oct 20, 1988

The defense is unavailable when an official has violated a “clearly established” right. Harlow, 457 U.S. at 819 , 102 S.Ct. at 2738 . … If plaintiff’s right to be free from the claimed harm was clearly established — and in this case, we think that is so — then the defendants do not enjoy Harlow immunity. See, e.g., Bonitz, 804 F.2d at 166-68 .

Ross v. Beckham County Board of County Commissioners

61 F. App'x 620 · Court of Appeals for the Tenth Circuit · Mar 31, 2003

able to prove, but whether certain given facts showed a violation of “clearly established” law. … “The doctrine of qualified immunity shields individual government officials performing discretionary functions ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or

McMORROW v. LITTLE

109 F.3d 432 · Court of Appeals for the Eighth Circuit · Mar 17, 1997

On appeal the officials argue that the law was not clearly established, that they are entitled to qualified immunity on this claim, and that McMorrow's claim must be dismissed. … immunity because it was not clearly established that their conduct was unconstitutional.

Joseph De Ritis v. Thomas McGarrigle

861 F.3d 444 · Court of Appeals for the Third Circuit · Jun 29, 2017

not “clearly established” at the time of the challenged conduct. … Here, addressing both prongs of qualified immunity, the District Court concluded that Roger had violated De Ritis’s right to free speech and that the right, as defined by the District Court, was clearly established.

Mahoney v. Hankin

844 F.2d 64 · Court of Appeals for the Second Circuit · Apr 12, 1988

clearly established at the time of the conduct in issue." … The Mitchell court "emphasize[d] ... that the appealable issue is a purely legal one: whether the facts alleged ... support a claim of violation of clearly established law."

Curtis Baker v. City of Madison, Alabama

67 F.4th 1268 · Court of Appeals for the Eleventh Circuit · May 3, 2023

“Once the defendant establishes that he was acting within his discretionary authority, the burden shifts to the plaintiff to show that qualified immunity is not appropriate.” Lee v. … “Second, the plaintiff must show that the violation was clearly established.” Id. (emphasis and quotation marks omitted).

Matthew Schantz v. Benny Deloach

Court of Appeals for the Eleventh Circuit · Oct 26, 2021

Qualified Immunity Qualified immunity “completely protects government offi- cials performing discretionary functions from suit in their individ- ual capacities unless their conduct violates clearly established USCA11 … As discussed below, we agree with the district court’s deci- sion to dispose of Plaintiff’s § 1983 claim on the clearly established prong of the qualified immunity analysis.

Harris v. Coweta County

433 F.3d 807 · Court of Appeals for the Eleventh Circuit · Dec 23, 2005

The defendants having established their eligibility for qualified immunity, the burden then shifts to the plaintiff to show that qualified immunity is not appro *812 priate. Lee, 284 F.3d at 1194 . … Is Scott entitled to qualified immunity?

Andy Thayer v. Ralph Chiczewski

705 F.3d 237 · Court of Appeals for the Seventh Circuit · Sep 18, 2012

“Qualified immunity protects public officials from liability for damages if their actions did not violate clearly established rights Nos. 10-1974 & 10-2064 15 of which a reasonable … “Qualified immunity shields government officials from civil damages liability unless the official violated a statu- tory or constitutional right that was clearly established at the time of the challenged conduct.” Id.

Abilio Hernandez v. Jason Boles

949 F.3d 251 · Court of Appeals for the Sixth Circuit · Jan 30, 2020

We therefore turn to whether the law was clearly established. 2. Clearly Established Right This brings us to the clearly-established prong of the qualified immunity inquiry. … But, to overcome qualified immunity, the clearly established law must be specific enough “to put a reasonable officer on notice that the conduct at issue was unconstitutional.” Lewis, 779 F.3d at 417.

Dearmon v. Burgess

388 F.3d 609 · Court of Appeals for the Eighth Circuit · Nov 8, 2004

R.Crim.P. 41 and state law did not constitute a § 1983 violation because the officers had not violated clearly established constitutional law. … If so, we next "ask whether the right was clearly established." Id.

Bennie F. Calhoun v. New York State Division of Parole Officers: J. McQuire Ted Clark R. White and G. Stern

999 F.2d 647 · Court of Appeals for the Second Circuit · Jul 23, 1993

Qualified Immunity The doetrine of qualified immunity shields state officials from liability for damages if their actions did not violate “clearly established statutory or constitutional rights of which a reasonable person … Since in these circumstances the constitutional right now claimed by Calhoun was not clearly established in the spring of 1985, defendants White and Stern were entitled to qualified immunity.

Maureen Tierney, for Herself and as Mother of Philip T. Newton, Patrick J. Newton v. Joel R. Davidson Thomas E. Williams, State of Vermont

133 F.3d 189 · Court of Appeals for the Second Circuit · Jan 7, 1998

him to believe that his action did not violate clearly established law. … “A qualified immunity defense is established if (a) the defendant’s action did not violate clearly established law, or (b) it was objectively reasonable for the defendant to believe that his action did not violate such law

Kyle Beatty v. Clinton Gardner

Court of Appeals for the Third Circuit · Sep 16, 2026

But because that limit was not clearly established at the time, qualified immunity shields them from liability. So we will affirm the District Court’s summary judgment for the officers. I. … Several of our sister circuits have previously granted qualified immunity from similar claims, reasoning that there is no clearly established “First Amendment right to re- main silent when questioned by the police.”

Motley v. Parks

432 F.3d 1072 · Court of Appeals for the Ninth Circuit · Dec 29, 2005

If the right was hot clearly established, the qualified immunity doctrine shields the officer from further litigation. Id. … Qualified Immunity Having determined that Motley’s factual allegations, if true, establish a constitutional violation, we turn our attention to evaluating whether the law was clearly established such that a reasonable officer

Warnock v. Pecos County, Texas

116 F.3d 776 · Court of Appeals for the Fifth Circuit · Jul 3, 1997

The judges filed a response in which they argued that they were entitled to qualified immunity. … Clearly established law will not defeat qualified immunity if “an objectively reasonable view of the facts” might lead an official not to realize that he was breaking the law. Matherne v.

David Wadkins v. Robert Arnold, and the First Bank & Trust Company

214 F.3d 535 · Court of Appeals for the First Circuit · Jun 2, 2000

Second, even if the arrest of Wadkins violated a clearly established constitutional right, Detective Arnold maintains that he is nevertheless entitled to qualified immunity because he acted reasonably; that is, a reasonable … See Pritchett, 973 F.2d at 316 (“[T]he most obvious possibility [of exceptional circumstances supporting qualified immunity despite the violation of a clearly established constitutional right] is mistaken official advice

Angel Mendez v. County of Los Angeles

Court of Appeals for the Ninth Circuit · Mar 2, 2016

The court also held that its conclusions in each respect were supported by clearly established law and that the officers were not entitled to qualified immunity. … In the absence of clearly established law that squarely governs the situation here, qualified immunity is appropriate on the knock-and-announce claim. Id. at 309.

Lee v. Young

533 F.3d 505 · Court of Appeals for the Seventh Circuit · Jun 24, 2008

A two-part test is used to ascertain whether qualified immunity exists. First, the plaintiff must establish that the actions of the defendant violated his constitutional rights. Triad Associates, Inc. v. … Since this right was clearly established in 1998-1999, it was also clearly established during the relevant period of time here, 2001-2002.