Case law

Lamle v. Eads

134 F.4th 562 · Court of Appeals for the Tenth Circuit · Apr 9, 2025

Eads urged dismissal based on qualified immunity. 2 To avoid dismissal, the applicants needed to allege facts that would plausibly show the violation of a clearly established right. Robbins v. Okla. ex rel. … Given the lack of a clearly established constitutional violation, Ms. Eads was entitled to qualified immunity.

Stack v. Killian

96 F.3d 159 · Court of Appeals for the Sixth Circuit · Dec 12, 1996

Officials who perform discretionary functions are generally entitled to qualified immunity from individual liability for civil damages so long as their conduct does not violate clearly established statutory or constitutional … The question of whether an official is protected by qualified immunity turns on the objective legal reasonableness of the action, assessed in light of the legal rules that were "clearly established" at the time it was taken

Stein v. Ryan

662 F.3d 1114 · Court of Appeals for the Ninth Circuit · Nov 18, 2011

. § 1983, the district court concluded that they were protected by qualified immunity. … Fitzgerald, 457 U.S. 800, 818 (1982) (qualified immunity applies if offi- cial’s conduct “does not violate clearly established statutory or constitutional rights of which a reasonable person would have known”).

Allen v. Sakai

48 F.3d 1082 · Court of Appeals for the Ninth Circuit · Mar 1, 1995

established constitutional rights, defeating defendants' claims to qualified immunity. … established constitutional rights, defeating defendants' claims to qualified immunity.

Berman Enterprises, Inc. v. Jorling

3 F.3d 602 · Court of Appeals for the Second Circuit · Aug 24, 1993

When Jorling and Marsh acted, the law governing their conduct was not “clearly established”; therefore, both defendants are entitled to qualified immunity from the claims against them in their individual capacities. … Marsh is more clearly entitled to qualified immunity than Jorling, for his actions followed a more clearly defined statutory path.

Mabe v. San Bernardino County

237 F.3d 1101 · Court of Appeals for the Ninth Circuit · Jan 24, 2001

Zolin, 812 F.2d 1103 (9th Cir. 1987). 14 Whether governing law was clearly established is a legal determination reviewed de novo. Mitchell v. Forsyth, 472 U.S. 511, 528 (1985) (qualified immunity). … Arizona, 437 U.S. 385, 393 (1978)). 23 The first prong of the qualified immunity test focuses on whether the law governing Perry's removal of MD from the Mabe home was clearly established.

Dixon v. Wallowa County

336 F.3d 1013 · Court of Appeals for the Ninth Circuit · Jul 21, 2003

If so, “the next, sequential step is to ask whether the right was clearly established.” Id. … The individual defendants cross-appeal from the district court’s denial of their motion for summary judgment as to their *1021 qualified immunity on Dixon’s Fourth Amendment claim, ■ arguing that the law was not clearly established

Keith Edwards v. Officer J. Grubbs

Court of Appeals for the Eleventh Circuit · Mar 13, 2026

Edwards to establish that qualified immunity does not apply. See Bailey, 843 F.3d at 480. … A right may be clearly established for qualified im- munity purposes in one of three ways: (1) case law with indistinguishable facts clearly establishing the constitutional right;

Kitchen Ex Rel. the Estate of Kitchen v. Dallas County

759 F.3d 468 · Court of Appeals for the Fifth Circuit · Jul 17, 2014

earliest possible stage in litigation.’” 8 The two-part inquiry into qualified immunity is first “whether a constitutional right would have been violated on the facts alleged,” and second “whether the right was clearly established … As a general matter, moreover, this rule constituted clearly established law for the purposes of qualified immunity in this case.

Neu v. Corcoran

869 F.2d 662 · Court of Appeals for the Second Circuit · Mar 3, 1989

We therefore have jurisdiction to review the immunity ruling. 8 2. Qualified Immunity. … Qualified immunity shields 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 known."

Lawson v. Abrams

863 F.2d 260 · Court of Appeals for the Second Circuit · Dec 20, 1988

related to that decision, noted that prosecutors may assert only qualified immunity, not absolute immunity, for their administrative or investigative tasks not intimately associated with the judicial process. … performed rather than on the office itself, for, as the district court observed, it is established that prosecutors have absolute immunity for some of their acts but only qualified immunity for others.

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.

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.

Heather Burton v. Patricia Richmond

276 F.3d 973 · Court of Appeals for the Eighth Circuit · Jan 11, 2002

The Defendants have argued that qualified immunity bars the entirety of this lawsuit; specifically, contending at the time of the placement in 1985, the law was not clearly established that state caseworkers had a duty to … The Defendants ask this Court to reverse the district court’s denial of qualified immunity and dismiss this action.

Richard H. Hatch, Jr. v. Department for Children, Youth and Their Families (State of Rhode Island), Steven Brown and Mary McKee Proposed

274 F.3d 12 · Court of Appeals for the First Circuit · Dec 17, 2001

In Frazier , we upheld a grant of qualified immunity to social workers who had played a role in a family dispute. … In answering this question, it is important to understand the parameters of the qualified immunity defense.

Canter v. County of Otsego

14 F. App'x 518 · Court of Appeals for the Sixth Circuit · Jul 12, 2001

As the magistrate judge pointed out in his discussion of qualified immunity, the State Police defendants expressly admitted that the constitutional rights they are accused of violating were clearly established at the time … immunity[,] typically, the issue of whether the federal right allegedly infringed was clearly established.

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.

Green v. Bauvi

46 F.3d 189 · Court of Appeals for the Second Circuit · Jan 25, 1995

Public officials enjoy a qualified immunity from suits for damages “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … Assuming that, in whatever circumstances are at issue, the inmate’s right to a hearing within a reasonable time was clearly established at the time of his confinement, the officials are entitled to qualified immunity if it

Jacobs v. West Feliciana Sheriff's Department

228 F.3d 388 · Court of Appeals for the Fifth Circuit · Oct 2, 2000

To determine whether an official is entitled to qualified immunity, we must determine: (1) whether the plaintiff has alleged a violation of a clearly established constitutional right; and (2) if so, … As noted above, we have observed that at least since 1989, it has been clearly established that officials will only be liable for episodic acts or omissions resulting in the violation of a detainee’s clearly established

Bailey v. Board of County Commissioners of Alachua County

956 F.2d 1112 · Court of Appeals for the Eleventh Circuit · Mar 31, 1992

To defeat a qualified immunity defense, Bailey was required to show that the defendants violated a clearly established statutory or constitutional right of which a reasonable person would have known. Mitchell v. … The district court reasoned that the law became “clearly established” on that date; thus, Caldwell and Hayes were not entitled to summary judgment on the basis of qualified immunity.