Case law

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.

Vista Community Services v. Dean

107 F.3d 840 · Court of Appeals for the Eleventh Circuit · Mar 19, 1997

We review de novo a district court's ruling that a government official's conduct violated clearly established law such that the official is not entitled to qualified immunity. Johnson v. … A government official may immediately appeal the denial of qualified immunity when the issue appealed concerns whether or not certain facts show a violation of "clearly established law." Mitchell v.

Diruzza v. County of Tehama

206 F.3d 1304 · Court of Appeals for the Ninth Circuit · Mar 21, 2000

The district court further held, in the alternative, that individual defendants Heard and Floyd were entitled to qualified immunity because they had not violated a clearly established right. … For purposes of determining qualified immunity, the law must be clearly established at the time of the defendant’s acts. In this case, the alleged retaliation occurred in 1995.

Derrick Maye v. Paul Klee

915 F.3d 1076 · Court of Appeals for the Sixth Circuit · Feb 14, 2019

We review orders denying qualified immunity de novo, Stoudemire v. … The second step of the qualified immunity analysis requires us to look to whether the officials’ acts violated “clearly established statutory or constitutional rights of which a reasonable person would have known.”

Tamez v. City of San Marcos

118 F.3d 1085 · Court of Appeals for the Fifth Circuit · Aug 25, 1997

"clearly established statutory or constitutional rights of which a reasonable person would have known." … Because qualified immunity is an affirmative defense, the defendant must both plead and establish his entitlement to immunity. Gomez v.

Than Orn v. City of Tacoma

949 F.3d 1167 · Court of Appeals for the Ninth Circuit · Feb 3, 2020

Turning to the second step of the qualified immunity analysis, the panel held that plaintiff’s right to be free from the use of excessive force was clearly established at the time of the shooting. … B We turn next to the second step of the qualified immunity analysis, which asks whether Orn’s right to be free from the use of excessive force was clearly established at the time of the shooting.

Rudi Acosta Alma Acosta v. City and County of San Francisco Daniel Yawczak

83 F.3d 1143 · Court of Appeals for the Ninth Circuit · Jun 18, 1996

Qualified Immunity Determining whether a law enforcement officer is entitled to qualified immunity involves the .consideration of two questions: “1) Was the law governing the officer’s conduct clearly established? … hold that Yawczak is not entitled to qualified immunity.

Johnson v. County of Los Angeles

340 F.3d 787 · Court of Appeals for the Ninth Circuit · Aug 15, 2003

City of Bremerton, 268 F.3d 646, 650 (9th Cir.2001). 1 I In Saucier, the Supreme Court established a two-step evaluation of qualified immunity. … His use of force was objectively reasonable and he is entitled to qualified immunity.

Stapleton v. Lozano

Court of Appeals for the Fifth Circuit · Jan 14, 2025

a violation of clearly-established law.” … A state official is entitled to qualified immunity unless (1) the plaintiff alleged a violation of a constitutional right; and (2) that right was “clearly established” at the time of the alleged violation. Cope v.

Kwai Fun Wong v. United States

373 F.3d 952 · Court of Appeals for the Ninth Circuit · Jun 25, 2004

The qualified immunity defense “ ‘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 … Whether the Law Was Clearly Established Even where a constitutional violation has occurred, whether an official asserting qualified immunity may be held liable “generally turns on the ‘objective legal reasonableness’ of the

Harris Ex Rel. the Estate of Jkhary Craft v. Lasseigne

602 F. App'x 218 · Court of Appeals for the Sixth Circuit · Feb 4, 2015

Lasseigne is entitled to qualified immunity if the court determines that his actions in shooting Craft “did not violate clearly established statutory or constitutional rights of which a reasonable person would have known. … It was clearly established at the time of the shooting that an officer violates the Fourth Amendment if he shoots a suspect without “probable cause to believe that the No. 14-1033 Harris v.

Lance v. Board of County Commissioners

985 F.3d 787 · Court of Appeals for the Tenth Circuit · Jan 19, 2021

Violation of a Clearly Established Right Although Mr. … lack of a clearly established right.

Tucker v. Evans

276 F.3d 999 · Court of Appeals for the Eighth Circuit · Jan 14, 2002

Lawrence County, 144 F.3d 1131, 1134 (8th Cir. 1998). 5 The prison employees are entitled to qualified immunity unless they violated Tucker's "clearly established" constitutional rights. Harlow v. … There was no violation of clearly established law in the training of Daniels, and thus the claim is without merit. III.

Owensby v. City of Cincinnati

414 F.3d 596 · Court of Appeals for the Sixth Circuit · Jul 7, 2005

Qualified Immunity 11 Under the doctrine of qualified immunity, "government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly … Was Owensby's Fourteenth Amendment Right to Adequate Medical Care Clearly Established?

Prue v. City of Syracuse

26 F.3d 14 · Court of Appeals for the Second Circuit · Jun 6, 1994

The doctrine of qualified immunity shields government officials performing discretionary functions from liability for civil damages “insofar as their conduct does not violate clearly established statutory or constitutional … To establish qualified immunity, defendants must show either that their conduct “did not violate ‘clearly established rights’ of which a reasonable person would have known, or that it was ‘objectively reasonable’ to believe

Sanchez v. Nunemaker

Court of Appeals for the Fifth Circuit · Jun 23, 2026

and that defeat a qualified immunity defense with equal specificity.” … Clearly Established Law We next address whether the constitutional right in question was clearly established at the time of the violation. See Harmon, 16 F.4th at 1163.

Matthew Grab v. Columbia Borough

Court of Appeals for the Third Circuit · Feb 21, 2023

Grab and Grab’s “right not to be handcuffed was clearly established.” … But the District Court did not resolve the first step in the qualified immunity analysis, concluding instead that the right was not “clearly established.” See Pearson v.

Maxcie Thomas v. Houston Talley

Court of Appeals for the Eighth Circuit · May 25, 2001

Qualified immunity "shield[s] [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 … immunity ... typically, the issue whether the federal right allegedly infringed was 'clearly established' " (emphasis in original).

Joseph Walton, as Next Friend of Christopher Walton, a Minor v. Alma Alexander, Alma Alexander

44 F.3d 1297 · Court of Appeals for the Fifth Circuit · Feb 17, 1995

City of Houston, 14 F.3d 1056, 1060 (5th Cir.1994) (finding summary judgment proper on qualified immunity grounds when no constitutional infringement established); Quives v. … immunity from this lawsuit if the constitutional allegations were not clearly established law at the *1306 time of the sexual abuse.

Stephen Hanes v. Thomas Zurick

Court of Appeals for the Seventh Circuit · Aug 18, 2009

the court indicated that the right was clearly established. … was not clearly established at the time of the alleged conduct.