Case law

Shero v. City of Grove, Okl.

510 F.3d 1196 · Court of Appeals for the Tenth Circuit · Dec 17, 2007

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 established statutory … that his or her actions were unconstitutional that he or she should not be imputed with knowledge of a clearly established right.

Pray v. City of Sandusky

49 F.3d 1154 · Court of Appeals for the Sixth Circuit · Mar 21, 1995

In other words, qualified immunity is appropriate either on the basis that the right allegedly violated was not at the time "clearly established," or if "clearly established," was one that a "reasonable" person in the defendant's … violate clearly established rights."

Garretson v. City of Madison Heights

407 F.3d 789 · Court of Appeals for the Sixth Circuit · Apr 27, 2005

entitled to qualified immunity. … legal rules that were clearly established at the time it was taken.”

Terry Dukes, Sr. v. Chase Gregory

Court of Appeals for the Eleventh Circuit · Oct 16, 2025

duct that violated clearly established law.” … We not only found a violation of the Fourth Amendment in Bashir; we also held that, for qualified immunity purposes, it was clearly established that the officer’s conduct violated the Fourth Amendment

Henry Sampson v. John T. King, Secretary of Louisiana Department of Corrections, and Ross Maggio, Jr., Warden, Louisiana State Penitentiary

693 F.2d 566 · Court of Appeals for the Fifth Circuit · Dec 14, 1982

In their answer, the Secretary and the Warden specifically pled qualified immunity from liability for money damages. … The record clearly establishes that the officials were immune from liability for money damages in this case. We therefore reverse and dismiss Sampson’s damage claim against the prison officials.

Milligan-Hitt v. Board of Trustees of Sheridan County School District Number 2

523 F.3d 1219 · Court of Appeals for the Tenth Circuit · Apr 22, 2008

We also conclude that in early 2003, the discrimination at issue here—on the basis of sexual orientation—was not clearly established to be unconstitutional, and therefore that qualified immunity protects the superintendent … Because the law did not clearly forbid Mr. Dougherty’s alleged actions at the time, he has qualified immunity from personal suit.

Davis v. City of Las Vegas

478 F.3d 1048 · Court of Appeals for the Ninth Circuit · Feb 28, 2007

to qualified immunity. … immunity if the right violated was not "clearly established."

Short v. West

662 F.3d 320 · Court of Appeals for the Fifth Circuit · Nov 2, 2011

established law. … established law.

Jensen v. Lane County

222 F.3d 570 · Court of Appeals for the Ninth Circuit · Aug 23, 2000

Robbins violated a clearly established constitutional or statutory right of which a reasonable person would have known. See Harlow, 457 U.S. at 818 , 102 S.Ct. 2727 . … Robbins’ determination that probable cause existed to sign the certificate was reasonable under the circumstances and he did not violate clearly established law.”

Center for Bio-Ethical Reform, Inc. v. Los Angeles County Sheriff Department

533 F.3d 780 · Court of Appeals for the Ninth Circuit · Jul 2, 2008

Qualified immunity involves a two-step inquiry: (1) whether the officer’s conduct violated a constitutional right; and (2) whether that right was clearly established when viewed in the context of this case. … As discussed above, Plaintiffs have established that Defendants violated their constitutional rights. We must therefore decide whether those rights were clearly established.

Tatro v. Kervin

41 F.3d 9 · Court of Appeals for the First Circuit · Dec 1, 1994

Ct. at 536 (qualified immunity shields police officers from suit if "'a reasonable officer could have believed [plaintiff's arrest] to be lawful, in light of clearly established law and … The police officers did not raise a qualified immunity defense and both parties agree that, given the facts of the case, no qualified immunity issue exists.

April Sabbe v. Washington Cnty Bd of Comm'rs

84 F.4th 807 · Court of Appeals for the Ninth Circuit · Oct 17, 2023

“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.” White v. … I would hold that Defendants’ entry onto Sabbe’s property was a clearly established violation of the Fourth Amendment, as to which Defendants are not entitled to qualified immunity.

Daryl L. Davis v. Barbara Knell

375 F.3d 703 · Court of Appeals for the Eighth Circuit · Jul 14, 2004

“in light of the legal rules that were ‘clearly established’ at the time [the actions were] taken.” … Clearly Established The second question that we must ask in our qualified immunity analysis is whether the constitutional right alleged to have been violated was clearly established. Saucier, 533 U.S. at 201.

Gobert v. Caldwell

463 F.3d 339 · Court of Appeals for the Fifth Circuit · Aug 29, 2006

Hegmann, 198 F.3d 153, 159 (5th Cir. 1999) (quoting Estelle). 14 “Once raised, a plaintiff has the burden to rebut the qualified immunity defense by establishing that the official's allegedly wrongful conduct … violated clearly established law.”

Campbell v. Galloway

483 F.3d 258 · Court of Appeals for the Fourth Circuit · Apr 20, 2007

them qualified immunity on Campbell's § 1983 claims. … immunity because the existing case law did not clearly establish that the kind of complaints that Campbell made were matters of public concern. 36 "Qualified immunity shields government officials performing discretionary

Levin v. Childers

101 F.3d 44 · Court of Appeals for the Sixth Circuit · Nov 20, 1996

Qualified immunity protects government officials against suit for the performance of discretionary functions so long as the conduct in question “‘does not violate clearly established statutory or constitutional rights of … immunity because the facts pleaded would not show that his conduct violated clearly established law of which a reasonable person should have known at the time.”

Acoustic Systems, Inc. v. Wenger Corp.

207 F.3d 287 · Court of Appeals for the Fifth Circuit · Apr 3, 2000

trial or to the burdens of broad-reaching discovery in cases where the legal norms the officials are alleged to have violated were not clearly established at the time. … Cole, 504 U.S. 158, 167-68 (1992)(private defendants may not invoke qualified immunity when charged with 42.

Tuttle v. Gallegos

Court of Appeals for the Fifth Circuit · Jun 29, 2026

A The qualified-immunity doctrine shields public officials from suit for damages under § 1983 unless their conduct violates a clearly established constitutional right. Mace v. … of clearly established law.”

Gates v. Texas Deparment of Protective & Regulatory Services

537 F.3d 404 · Court of Appeals for the Fifth Circuit · Jul 31, 2008

clearly established. … If the law was not clearly established at the time of the alleged constitutional violation, the individual defendants are entitled to qualified immunity. See Aucoin, 306 F.3d at 272.

Camfield v. City of Oklahoma City

248 F.3d 1214 · Court of Appeals for the Tenth Circuit · May 4, 2001

Kansas Bd. of Regents, 159 F.3d 504, 530 (10th Cir. 1998) (qualified immunity is proper when plaintiff fails to cite any case law which demonstrates the violation of a clearly established constitutional right). … See Albright, 51 F.3d at 1535 (“a defendant is entitled to qualified immunity if the plaintiff fails to show that the 28 law was clearly established”).