Case law
Opinions from 1658 to today.
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LeRod Butler v. City of Detroit, Mich.
936 F.3d 410 · Court of Appeals for the Sixth Circuit · Aug 22, 2019
“Qualified immunity attaches when an official’s conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Kisela v. Hughes, 138 S. … was clearly established.”
Cited 34 timesPublished141 F.3d 111 · Court of Appeals for the Fourth Circuit · Apr 8, 1998
Furthermore, the district court refused to accept the officers' alternative argument that, at a minimum, they were entitled to qualified immunity because in April 1992, the law was not clearly established that permitting … Talladega City Bd. of Educ., 115 F.3d 821 , 826 n. 4 (11th Cir.1997) (en banc) (explaining that "the law can be 'clearly established' for qualified immunity purposes only by decisions of the U.S.
Cited 3 timesPublished384 F. App'x 763 · Court of Appeals for the Tenth Circuit · Jun 28, 2010
It determined the ODOT defendants were not entitled to qualified immunity because retaliation for exercising First Amendment rights is a clearly established constitutional violation. … As the cases above indicate, freedom from retaliation for protected activity was clearly established when the defendants acted and they are not entitled to qualified immunity.
Cited 30 timesPublishedEric Andre v. Clayton County, Georgia
Court of Appeals for the Eleventh Circuit · Aug 15, 2025
alleged a Fourth Amendment violation, the individual defendants were entitled to qualified immunity because, in relevant part, the law was not clearly established. … A supervisor is entitled to qualified immunity if his alleged supervisory conduct did not violate clearly established law. See Ingram, 30 F.4th at 1256; see also Alcocer v.
Cited 0 timesPublishedTimothy Daryl Atkins v. John Gibson Lanning, Kenneth D. Fouts and Randall Craig Ruark
556 F.2d 485 · Court of Appeals for the Tenth Circuit · Jun 8, 1977
Hence the arresting officer is entitled to the qualified immunity defense of a good faith belief that his behavior was proper. See Scheuer v. Rhodes, 416 U.S. 232 , 94 S.Ct. 1683 , 40 L.Ed.2d 90 (1974); Pierson v. … But the alternative of qualifying a prosecutor’s immunity would disserve the broader public interest.
Cited 93 timesPublished255 F.3d 644 · Court of Appeals for the Eighth Circuit · Jun 29, 2001
Qualified immunity generally shields public officials performing discretionary functions from civil liability if "their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … Second, the right allegedly violated must be clearly established. Id.
Cited 19 timesPublishedCourt of Appeals for the Seventh Circuit · May 30, 2025
But the Supreme Court has cautioned courts against reason- ing from broad principles when considering whether a right is clearly established for qualified immunity purposes. See Kisela, 584 U.S. at 104. … Sheriff of Cook County, 993 F.3d 981, 988 (7th Cir. 2021) (“The prong-two clearly-established-law assess- ment does not require a case with identical factual circum- stances, lest qualified immunity become absolute immun-
Cited 0 timesPublished853 F.3d 892 · Court of Appeals for the Seventh Circuit · Apr 10, 2017
Qualified immunity shields federal and state officials from money damages unless a plaintiff demonstrates that the official violated a statutory or constitutional right and that the right was “clearly established” at the … established law.”
Cited 69 timesPublished27 F.4th 855 · Court of Appeals for the Second Circuit · Mar 9, 2022
"Qualified immunity protects a public official from liability for conduct that 'does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.'" … Transit Auth., 124 F.3d 123, 130 (2d Cir. 1997) (denying qualified immunity to police officers where a reasonable jury could find they "violated the plaintiffs' clearly established constitutional rights by conspiring to
Cited 95 timesPublishedCourt of Appeals for the Seventh Circuit · Jun 10, 2025
But the Supreme Court has cautioned courts against reason- ing from broad principles when considering whether a right is clearly established for qualified immunity purposes. See Kisela, 584 U.S. at 104. … Sheriff of Cook County, 993 F.3d 981, 988 (7th Cir. 2021) (“The prong-two clearly-established-law assess- ment does not require a case with identical factual circum- stances, lest qualified immunity become absolute immun-
Cited 0 timesPublishedCharles Kaminski v. Brad Coulter
865 F.3d 339 · Court of Appeals for the Sixth Circuit · Jul 25, 2017
were not “clearly established” at the time that the violation occurred. … With respect to Clinton’s qualified-immunity defense, the district court held that the plaintiffs’ constitutional rights “were clearly established” and that thus qualified immunity was unavailable.
Cited 103 timesPublishedAvone Kukla v. Andrew D. Hulm Scott Brown
310 F.3d 1046 · Court of Appeals for the Eighth Circuit · Nov 15, 2002
To avoid summary judgment based on qualified immunity, Kukla had to assert a violation of a constitutional right, show the alleged right was clearly established at the time of the alleged violation, and raise a genuine issue … In other words, qualified immunity shields Brown and Hulm from this lawsuit if they could *1049 have reasonably believed their conduct was lawful in light of clearly established law and the information they possessed.
Cited 74 timesPublished14 F. App'x 403 · Court of Appeals for the Sixth Circuit · Jun 22, 2001
Thus, assuming Kedzierzawski and Kirkwood violated Irvin’s right to be free from retaliation for filing grievances, the question for purposes of qualified immunity is whether this violation involved a “clearly established … Because they did not violate constitutional rights that were clearly established at the time of their actions, Kedzierzawski and Kirkwood are entitled to qualified immunity on Irvin’s retaliation claim. 6 IV For the reasons
Cited 60 timesPublishedCoones v. Board of County Commissioners
Court of Appeals for the Tenth Circuit · Jan 21, 2026
Yehia, 38 F.4th 1282, 1294 (10th Cir. 2022) (“[G]eneral statements of the law can clearly establish a right for qualified immunity purposes if they apply with obvious clarity to the specific conduct in question.” … In particular, we focused in Cox on the plaintiff’s failure to adequately brief the question of clearly established law in response to the defendant’s assertion of qualified immunity. See id. at 1245–46.
Cited 0 timesPublished891 F.2d 38 · Court of Appeals for the Second Circuit · Nov 29, 1989
Qualified Immunity Gittens’ claim was properly dismissed on qualified immunity grounds. … Accordingly, defendants are entitled to qualified immunity as a matter of law.
Cited 79 timesPublished54 F.3d 1169 · Court of Appeals for the Fourth Circuit · May 30, 1995
Where the law is clearly established, and where no reasonable officer could believe he was acting in accordance with it, qualified immunity will not attach. … The Supreme Court recognized, however, that a state official could never assert the defense of qualified immunity if the test of "clearly established law" were applied at that level of generality.
Cited 2 timesPublished132 F. App'x 302 · Court of Appeals for the Eleventh Circuit · May 23, 2005
Fed.R.Civ.P. 56(c).2 Qualified immunity protects from liability government officials sued in their individual capacities if their conduct “does not violate clearly established statutory or constitutional rights … The burden then shifts to Davis to show that qualified immunity is not appropriate. The threshold inquiry is whether Davis’s allegations, if true, establish a constitutional violation. Id.
Cited 1 timesUnpublishedCourt of Appeals for the Fifth Circuit · Dec 30, 2025
’s allegedly wrongful conduct violated clearly established law.’” … ) “whether that right was clearly established at the time of the violation.”
Cited 0 timesPublishedBetty Grooms v. Judge Steven Privette
127 F.4th 730 · Court of Appeals for the Eighth Circuit · Feb 4, 2025
Qualified immunity attaches if the defendants’ conduct did not “violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Billingsley v. St. … We start our consideration of the case with Grooms’s First Amendment claim, and, because we are satisfied that any law Bell or Privette violated was not clearly established, we hold that they enjoy qualified immunity with
Cited 2 timesPublished512 F.3d 1184 · Court of Appeals for the Ninth Circuit · Jan 16, 2008
If yes, “the next, sequential step is to ask whether the right was clearly established.” Id. … Although our prior decision granted Riebe qualified immunity, it denied qualified immunity for Hall.
Cited 65 timesPublished
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