Case law

Ralph Rogers v. Michael Fair

902 F.2d 140 · Court of Appeals for the First Circuit · Apr 30, 1990

We have jurisdiction to review a district court’s denial of qualified immunity on grounds that a genuine issue of material fact exists as to the factual predicate of a qualified immunity claim. … concerning qualified immunity.

Evans-Marshall v. Board of Education of the Tipp City Exempted Village School District

428 F.3d 223 · Court of Appeals for the Sixth Circuit · Nov 1, 2005

Analysis of Qualified Immunity The individual defendants also raise a qualified immunity defense as a basis for their Rule 12(b)(6) motion. … Evans-Marshall’s claim also satisfies the second prong of qualified immunity, that “the right was clearly established.” Saucier, 533 U.S. at 201, 121 S.Ct. 2151 .

Charles Bella v. Lee Chamberlain and Curtis Meyers

24 F.3d 1251 · Court of Appeals for the Tenth Circuit · May 20, 1994

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 rights of … The very purpose of qualified immunity is to "weed out” suits that fail to assert the violation of a clearly established constitutional right "without requiring a defendant ... to engage in expensive and time consuming preparation

Carter v. Rhode Island

68 F.3d 9 · Court of Appeals for the First Circuit · Oct 18, 1995

had been "clearly established" long before 1990. … immunity from suit "if the right asserted by the plaintiff was `clearly established' at the time of its alleged violation . . .

Wershing v. Hinckley Township

36 F. App'x 179 · Court of Appeals for the Sixth Circuit · May 15, 2002

Defendants moved for summary judgment on the basis of qualified immunity, which the district court denied. Defendants now raise five issues. … Second, whether Wershing has established that the constitutional right allegedly violated was a clearly established right of which a reasonable official in the individual Defendants’ position would have known.

Dennis Wiertella v. Lake Cnty., Ohio

141 F.4th 775 · Court of Appeals for the Sixth Circuit · Jun 24, 2025

Qualified immunity To overcome Snow’s and Watson’s qualified-immunity defense, the Estate must establish (1) that Snow and Watson violated Wiertella’s constitutional rights, and (2) that the governing caselaw “clearly … Sheehan, 575 U.S. 600, 613 (2015) (“Qualified immunity is no immunity at all if ‘clearly established’ law can simply be defined as the right to be free from unreasonable searches and seizures.”).

Mary Dearmon v. Garrett Burgess

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

If so, we next "ask whether the right was clearly established." Id. … P. 41 and state law did not constitute a violation of a clearly established constitutional right, they are entitled to qualified immunity.

Rhodes v. Robinson

408 F.3d 559 · Court of Appeals for the Ninth Circuit · Aug 19, 2004

Rowland, 65 F.3d 802 , 806 & n. 4 (9th Cir.1995) (“[T]he prohibition against retaliatory punishment is ‘clearly established law’ in the Ninth Circuit, for qualified immunity purposes. … must first reiterate our firm recognition that “the prohibition against retaliatory punishment is ‘clearly established law’ in the Ninth Circuit, for qualified immunity purposes.”

James Harold Peterson Paula Peterson v. City of Plymouth Michael Ridgley David Lindman Mark Bevins

60 F.3d 469 · Court of Appeals for the Eighth Circuit · Jul 14, 1995

If the officers did not have probable cause, a second inquiry is necessary to determine whether the officers are nonetheless entitled to qualified immunity. 6 The officers *474 are immune from liability if, in light of clearly … In light of this clearly established law, Officer Ridgley did not act in an objectively reasonable manner.

Colston v. Barnhart

130 F.3d 96 · Court of Appeals for the Fifth Circuit · Sep 21, 1998

Disputes over the application of the clearly-established-law prong of the qualified-immunity inquiry are separable from the merits of a controversy because “‘[a]n appellate court reviewing the denial of the defendant … The semantic switch from discussing the typical qualified-immunity issue of “clearly established law” to a hypothetical (in Behrens) issue of “objective legal reasonableness” creates many of the problems that are now plaguing

Ben Krein v. Larry Norris

250 F.3d 1184 · Court of Appeals for the Eighth Circuit · May 22, 2001

established right. … violated established law.

Joseph H. Levenstein v. Bernard Salafsky, Patricia A. Gill, and David C. Broski, in Their Individual Capacities

164 F.3d 345 · Court of Appeals for the Seventh Circuit · Dec 16, 1998

Ill Public officials are entitled to qualified immunity from “liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would … That takes us to the second part of the immunity inquiry: whether the applicable constitutional standards were clearly established at the time in question.

Beverly Thompson v. David E. Wagner and Keith Gardner

319 F.3d 931 · Court of Appeals for the Seventh Circuit · Mar 14, 2003

Qualified immunity shields police officers 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.” … light of the facts and circumstances within the officers’ knowledge and clearly established law, Mrs.

Chris Veneklase v. City of Fargo

78 F.3d 1264 · Court of Appeals for the Eighth Circuit · Mar 6, 1996

Because we agree that plaintiffs did not have a clearly established right after Frisby to picket as they did on October 10, 1991, we hold that the defendant officers are entitled to qualified immunity. … Although the qualified immunity issue before us concerns whether plaintiffs had a clearly established right on October 10, 1991, to picket as they did in front of the administrator's home, we note that Madsen left unresolved

Colin A. Edwards v. Bryan C. Shanley

Court of Appeals for the Eleventh Circuit · Jan 12, 2012

“Qualified immunity shields government officials from liability for civil damages for torts committed while performing discretionary duties unless their conduct violates a clearly established statutory or constitutional … As a result, Officer Shanley cannot claim qualified immunity on the grounds that he did not know he was violating Edwards’s constitutional rights.5 In sum, we hold that clearly established federal law prohibits

Allen v. Sakai

48 F.3d 1082 · Court of Appeals for the Ninth Circuit · Nov 15, 1994

established constitutional rights, *1086 defeating defendants’ claims to qualified immunity. … established constitutional rights, defeating defendants’ claims to qualified immunity.

Missouri Pacific Railroad v. Ault

256 U.S. 554 · Supreme Court of the United States · Jun 1, 1921

The company is clearly, not answerable in the present action if the ordinary principles of common-law liability are to. be applied. … Whatever name be applied, the element of punishment clearly predominates and Congress has not given its consent that suits of this character be brought against the United' States.

Arthur Knight v. City of Miami

Court of Appeals for the Eleventh Circuit · Aug 6, 2002

CARNES, Circuit Judge: This appeal by a law enforcement officer from the denial of qualified immunity presents us with these three issues: 1) whether there was an absence of probable cause for the officer’s arrest … Cannon, 174 F.3d 1271, 1283 n.3 (11th Cir. 1999) (“Arguable probable cause, not the higher standard of actual probable cause, governs the qualified immunity inquiry.”); Montoute v.

Moran v. Greco

Court of Appeals for the Second Circuit · Apr 12, 2024

In denying summary judgment on qualified immunity grounds, the district court concluded that “[i]t is clearly established that officers may not gratuitously inflict pain in a manner that is not a reasonable response to … Katz, 533 U.S. 194, 201 (2001), the doctrine of qualified immunity protects a government official from liability unless he or she (1) “violated a constitutional [or federal statutory] right” that (2) “was clearly established

Vaughan v. Cox

316 F.3d 1210 · Court of Appeals for the Eleventh Circuit · Jan 3, 2003

immunity. … We reinstate our prior decision in its entirety and supplement, by this opinion, our previous discussion of qualified immunity. SO ORDERED. .