Case law

David Hosea v. City of St. Paul

867 F.3d 949 · Court of Appeals for the Eighth Circuit · Aug 14, 2017

The officers moved for summary judgment and the district court held that the officers were entitled to qualified immunity on Hosea’s constitutional claims. 3 The court held that the officers were entitled to qualified immunity … “First, ‘whether the facts alleged, construed in the light most favorable to [Hosea], establish a violation of a constitutional or statutory right,’ and second, ‘whether that right was clearly established at the time of the

Nam Dang Ex Rel. Dang v. Sheriff, Seminole County Florida

871 F.3d 1272 · Court of Appeals for the Eleventh Circuit · Sep 25, 2017

Qualified Immunity Qualified immunity protects government officials if “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … 9  Case: 15-14842 Date Filed: 09/25/2017 Page: 10 of 19 was clearly established at the time of the alleged violation.”

Gerald Albers v. Harold Whitley

743 F.2d 1372 · Court of Appeals for the Ninth Circuit · Oct 1, 1984

QUALIFIED IMMUNITY One final note should be taken of the qualified immunity defense claim. Under Harlow v. … Similarly, deliberate indifference to Albers’ right to be free of cruel and unusual punishment would violate a right “clearly established at the time of the conduct at issue.” Davis v.

Lenz v. Winburn

51 F.3d 1540 · Court of Appeals for the Eleventh Circuit · May 12, 1995

To strip an official of qualified immunity, “the right the official is alleged to have violated must have been ‘clearly established’ in a more particularized, and hence more relevant, sense....” Anderson v. … Qualified immunity analysis asks the objective question whether a reasonable officer could have believed his conduct lawful under clearly established law in light of the information the officer possessed.

Lee J. Topp v. Thomas J. Wolkowski and Thomas J. Lombardi

994 F.2d 45 · Court of Appeals for the First Circuit · Jun 3, 1993

The only question before us is whether the motion for summary judgment on grounds of qualified immunity should have been granted. … In general, the doctrine of qualified immunity provides that “government officials performing discretionary functions ... are shielded from liability for civil damages insofar as their conduct does not violate clearly established

Rehberg v. Paulk

598 F.3d 1268 · Court of Appeals for the Eleventh Circuit · Mar 11, 2010

Qualified Immunity Qualified immunity shields government officials who perform discretionary governmental functions from civil liability so long as their conduct does not violate any “clearly established statutory or constitutional … immunity because Rehberg’s right to be free from a retaliatory investigation is not clearly established.

Andrew Stewart v. P.O. Gary Lattanzi, Donna M. Mills, Hearing Officer, and William J. Brianwell, Commissioner

832 F.2d 12 · Court of Appeals for the Second Circuit · Oct 26, 1987

If the official acts adjudicatively, the official probably has absolute immunity. If the official acts execu-tively, the official probably has qualified, good-faith immunity. … Qualified immunity will be provided if the “conduct did not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harper v.

Lindsey v. Hyler

918 F.3d 1109 · Court of Appeals for the Tenth Circuit · Mar 19, 2019

, and (2) the constitutional right was clearly established at the time the violation transpired. … to qualified immunity.

Jack Cummings, Ralph Best, Billy Rodgers, Bruce Henry and Terry M. Walters v. Dekalb County, James Pierce, Cliff Pruett and Richard Conley

24 F.3d 1349 · Court of Appeals for the Eleventh Circuit · Aug 11, 1994

Consequently, Conley has violated no “clearly established statutory or constitutional rights of which a reasonable person would have known” with respect to Walters and is thus entitled to qualified immunity. Harlow v. … to federal qualified immunity from suit.

Germaine Smart v. COII Ronald England

93 F.4th 1283 · Court of Appeals for the Eleventh Circuit · Feb 16, 2024

He found that qualified immunity barred Smart’s complaint because no clearly established law pro- hibited the officials from disciplining Smart. … Defendants cannot benefit from the shield of qualified immunity by arguing the law was not clearly established.

Brian Davis v. Stephen Chalstrom

Court of Appeals for the Seventh Circuit · Dec 23, 2014

 established law.    … First, for Davis to prevail, he must point to  case law clearly establishing that a reasonable inspector would have known that a mere  visual inspection of the outside of a structure, even if done while on the curtilage and

Gary Blankenhorn v. City of Orange Andy Romero Dung Nguyen Garrett Ross Tamara South Gray, Sergeant Montano, Officer Kayano, Officer Roman, Officer

485 F.3d 463 · Court of Appeals for the Ninth Circuit · May 8, 2007

“Whether a right is ‘clearly established’ for purposes of qualified immunity is an inquiry that ‘must be undertaken in light of the specific context of the case, not as a broad general proposition.’ … Saucier's requirement that the plaintiffs asserted right be clearly established “does not mean that the very action at issue must have been held unlawful before qualified immunity is shed.” Wall v.

Michael Hoover v. Justin Due

Court of Appeals for the Sixth Circuit · Sep 17, 2025

To overcome Due’s qualified immunity defense, Hoover must establish that (1) Due violated his federal statutory or constitutional right, and (2) the unlawfulness of Due’s conduct was clearly established at the time of the … Clearly established law. To satisfy the second prong of the qualified immunity analysis, Hoover must show that Due’s unconstitutional conduct violated clearly established law. See Williams v.

Jones v. City of North Las Vegas

Court of Appeals for the Ninth Circuit · Sep 8, 2025

Because defendants lacked an exigent circumstance to search plaintiffs’ yard under clearly established law at the time of the incident, they were not entitled to qualified immunity. … Qualified immunity protects government officials from liability under § 1983 “unless (1) they violated a federal statutory or constitutional right, and (2) the unlawfulness of their conduct was clearly established at the

Johnson v. City of Cheyenne

99 F.4th 1206 · Court of Appeals for the Tenth Circuit · Apr 26, 2024

“To survive a motion to dismiss based on qualified immunity, the plaintiff must allege sufficient facts that show . . . the defendant plausibly violated his constitutional rights, which were clearly established at the … And because this is so—without any need to reach the question of clearly established law—we may conclude that Mr. Johnson cannot overcome Officer Spencer’s defense of qualified immunity.

Arthur N. Economou v. United States Department of Agriculture

535 F.2d 688 · Court of Appeals for the Second Circuit · Apr 23, 1976

In the case of the public prosecutor, his common law absolute immunity, grounded on the same principles underlying the immunity of judges and grand jurors, had been firmly established. … The majority concluded that in determining whether a school board member acted in good faith he would be charged with knowledge of a student’s clearly established constitutional rights.

Timothy Cronin v. Chris Peterson

982 F.3d 1187 · Court of Appeals for the Eighth Circuit · Dec 18, 2020

Analysis Qualified immunity shields a government official from liability in a § 1983 action unless the official’s conduct violates “clearly established statutory or constitutional rights of which a reasonable person … Callahan, 555 U.S. 223, 232 (2009)) (qualified immunity standard on summary judgment); see also Lane v. Nading, 927 F.3d 1018, 1022 (8th Cir. 2019) (qualified immunity standard on dismissal).

Iris Mena v. City Of Simi Valley

332 F.3d 1255 · Court of Appeals for the Ninth Circuit · Jun 23, 2003

Qualified Immunity 6 Muehler and Brill argue that they should be shielded from liability to Mena under the doctrine of qualified immunity. 2 "Qualified immunity is an entitlement not to stand trial or face the other burdens … force claims and assertions of qualified immunity separately.

Drummond ex rel. Drummond v. City of Anaheim

343 F.3d 1052 · Court of Appeals for the Ninth Circuit · Sep 10, 2003

The Constitutional Violation Was Clearly Established Because we hold that Drummond’s factual allegations, if true, establish a constitutional violation, we must proceed to the second step in the qualified immunity analysis … immunity: notwithstanding the absence of direct precedent, the law may be, as it was here, clearly established.

Omni Behavioral v. Steven Miller

285 F.3d 646 · Court of Appeals for the Eighth Circuit · Apr 2, 2002

But, public officials are entitled to qualified immunity and shielded from liability when their conduct does not "violate clearly established statutory or constitutional rights of which a reasonable person would have known … Even if Omni had a protected liberty or property right that was violated by Miller, Omni still needed to clear the second hurdle of the qualified immunity test and prove that such a right was clearly established.