Case law
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Court of Appeals for the Tenth Circuit · Mar 30, 2026
But Shelby invoked qualified immunity, which “protects government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … Viewing the disputed facts in the Estate’s favor, Shelby violated Crutcher’s clearly established constitutional rights, so we reverse the district court’s grant of summary judgment based on qualified immunity and remand
Cited 0 timesPublished72 F.3d 1243 · Court of Appeals for the Sixth Circuit · Feb 23, 1996
Because in the plaintiffs' view these rights were clearly established under the NLRA, Carver was not entitled to qualified immunity. … Once a government official raises the defense of qualified immunity, the plaintiffs must plead and prove with some particularity the existence of a clearly established right that the official is alleged to have violated.
Cited 6 timesPublishedEstate of Arrington Ex Rel. Arrington v. Michael
738 F.3d 599 · Court of Appeals for the Third Circuit · Dec 24, 2013
He claims both qualified and statutory immunity. … Since his conduct falls squarely within the immunity established by the Child Safety Lock Act of 2005, 18 U.S.C. § 922(z)(3), we need not address his claim for qualified immunity and will reverse the decision of the District
Cited 3 timesPublished152 F.3d 77 · Court of Appeals for the Second Circuit · Jul 28, 1998
Although we upheld the dismissal of the complaint on the ground of qualified immunity because at the time an inmate had no clearly established constitutional right to assistance, we warned:[F]or inmates disabled by confinement … Qualified Immunity. 37 Qualified immunity shields government officials from liability for damages resulting from the performance of discretionary official functions if their conduct "does not violate clearly established statutory
Cited 21 timesPublishedCurtis Wells, Jr. v. Javier Fuentes
Court of Appeals for the Fourth Circuit · Jan 22, 2025
At step two, qualified immunity allows the official to beat the plaintiff’s claim by showing that the asserted right was less than “clearly established” at the time of the conduct. Plumhoff v. … Because Wells did not have a clearly established right in 2020, the police are entitled to qualified immunity.
Cited 0 timesPublished958 F.2d 1565 · Court of Appeals for the Eleventh Circuit · Apr 27, 1992
a violation of clearly established rights of which a reasonable official in defendant’s circumstances would have known.” … In order for a right to be clearly established and defeat an official’s claim to qualified immunity, [t]he contours of the right must be sufficiently clear that a reasonable official would understand that what he is doing
Cited 58 timesPublishedJones 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
Cited 0 timesPublished349 F.3d 534 · Court of Appeals for the Eighth Circuit · Nov 12, 2003
QUALIFIED IMMUNITY AND PRISONER-SUICIDE CASES 15 When a defendant asserts qualified immunity, we must perform two inquiries in "proper sequence." Saucier v. … Appellants do not argue that the right was not "clearly established" as defined by Saucier.
Cited 44 timesPublished226 F.3d 1031 · Court of Appeals for the Ninth Circuit · Sep 22, 2000
In deciding whether Defendants are entitled as a matter of law to qualified immunity, we must accept the facts in the light most favorable to the Plaintiffs and then determine whether, in light of clearly established principles … Defendants maintain, however, that' they are entitled to qualified immunity because the officers reasonably could have believed that their conduct was lawful under the clearly established law. A.
Cited 63 timesPublished918 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.
Cited 54 timesPublished53 F.4th 693 · Court of Appeals for the First Circuit · Nov 21, 2022
The district court proceeded to analyze the second prong of the qualified immunity test. … Because we may find qualified immunity under either prong of the two-prong test, Est. of Rahim, 51 F.4th at 410, we accordingly affirm the district court's decision that Sylvester was entitled to qualified immunity as
Cited 16 timesPublished413 F.3d 359 · Court of Appeals for the Third Circuit · Jun 28, 2005
Defendants are entitled to qualified immunity only if the constitutional or statutory violation alleged is not clearly established. 16 1. … established' for the purposes of the Harlow qualified immunity standard."
Cited 156 timesPublishedGraham v. St. Louis Metro. Police Dep't
933 F.3d 1007 · Court of Appeals for the Eighth Circuit · Aug 13, 2019
immunity. … “Our jurisdiction to consider an appeal of an order denying summary judgment on the basis of qualified immunity is limited to the purely legal issue of whether the facts alleged support a claim of violation of clearly established
Cited 7 timesPublished832 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.
Cited 22 timesPublishedLee 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
Cited 17 timesPublishedBryce Masters v. Timothy Runnels
998 F.3d 827 · Court of Appeals for the Eighth Circuit · May 27, 2021
“Qualified immunity shields government officials from liability in a § 1983 action unless the official’s conduct violates a clearly established constitutional or statutory right of which a reasonable person would have known … , and (2) whether that right was clearly established at the time of the defendant’s alleged misconduct.”
Cited 27 timesPublishedDavid 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
Cited 34 timesPublished598 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.
Cited 8 timesPublishedGerald 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.
Reversed on other grounds by Whitley v. Albers, 475 U.S. 312 (1986)Cited 36 timesPublishedColleen Curran v. Phillip Aleshire
Court of Appeals for the Fifth Circuit · Aug 27, 2015
The district court then conducted the qualified immunity analysis to assess whether Aleshire violated clearly established law. … Aleshire argues that he is entitled to qualified immunity, even assuming the existence of disputed facts, because none is material to whether his actions were objectively unreasonable in light of clearly established law.
Cited 0 timesPublished
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