Case law

Collins v. Jordan

102 F.3d 406 · Court of Appeals for the Ninth Circuit · Dec 4, 1996

Thus, we have jurisdiction to consider Hongisto’s legal contention that he is entitled to qualified immunity because the law was not clearly established that, given the events of the previous day, an order to ban all demonstrations … Such conduct would violate clearly established First and Fourth Amendment rights.

Byron Black v. Ricky Bell

664 F.3d 81 · Court of Appeals for the Sixth Circuit · Dec 15, 2011

A state-court decision is contrary to clearly established federal law “if the state court applies a rule that contradicts the gov *91 erning law set forth in [the Supreme Court’s] cases” or “if the state court confronts a … established federal law.

Lamonte Jackson-Gibson v. Reginald Beasley

Court of Appeals for the Sixth Circuit · Oct 15, 2024

Qualified immunity shields government officials from civil damages under § 1983 “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known … a constitutional right; and (2) the right was clearly established.”

Terranova v. New York

144 F. App'x 143 · Court of Appeals for the Second Circuit · Jul 25, 2005

The District Court alternatively held that Defendants were entitled to qualified immunity. … Here, the complaints themselves do not establish the circumstances required as a predicate to a finding of qualified immunity.

Curtis 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.

McWilliams v. Dinapoli

40 F.4th 1118 · Court of Appeals for the Tenth Circuit · Jul 19, 2022

. _________________________________ This appeal involves a defense of qualified immunity. … DiNapoli is not entitled to qualified immunity. Mr. DiNapoli urges qualified immunity even under the district court’s factual determinations.

Sean Stearns v. Cathy Dean

122 F.4th 699 · Court of Appeals for the Eighth Circuit · Dec 4, 2024

“Qualified immunity shields a public official from suit for civil damages when his conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … Therefore, qualified immunity applies unless Sergeant Spire violated a constitutional right that was clearly established at the time of violation. See id.

James, Carrie, a Minor, by Elizabeth James, Next Friend v. T.G. Sadler

909 F.2d 834 · Court of Appeals for the Fifth Circuit · Aug 28, 1990

Qualified Immunity Although all defendants’ participation in the search and detention would *838 be sufficient to impose liability under § 1983, they may be immune. Redefined in Harlow v. … Qualified immunity cloaks a police officer from liability if a reasonably competent law enforcement agent would not have known that his actions violated clearly established law. Harlow v. Fitzgerald, supra.

Harris v. Champion

51 F.3d 901 · Court of Appeals for the Tenth Circuit · Mar 30, 1995

question and prior law ... establishing that the defendant's actions were clearly prohibited. … established constitutional rights with specificity, or establish that defendants' actions were clearly prohibited at the time they were taken. 5 See id.

Shrum v. City of Coweta

449 F.3d 1132 · Court of Appeals for the Tenth Circuit · Jun 8, 2006

Government officials are entitled to qualified immunity from liability for civil damages under § 1983 when their “conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … Once a defense of qualified immunity has been raised, we consider two questions: (1) whether the alleged conduct violated a constitutional right, and if so, (2) whether the law was clearly established at the time of the defendant

Ben Ortiz v. Robert C. Van Auken, and Wayne C. Spencer

887 F.2d 1366 · Court of Appeals for the Ninth Circuit · Oct 27, 1989

Spencer is entitled to qualified immunity if his search did not “violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … The district court found that under clearly established law, probable cause did not exist to support the search warrant, and thus Spencer’s search violated Ortiz’s clearly established fourth amendment rights.

Watson v. University of Utah Medical Center

75 F.3d 569 · Court of Appeals for the Tenth Circuit · Jan 19, 1996

violated clearly established law. … Thus, defendants are entitled to qualified immunity as to this claim.

Johnnie Russell v. Ryan Comstock

Court of Appeals for the Seventh Circuit · Feb 24, 2026

On appeal, Rus- sell again contends that the search was unconstitutional and that Powell lacked qualified immunity. We begin with the question of qualified immunity. … Here, for some of the same reasons described in Pearson, we conclude that it would be preferable to proceed directly to the qualified immunity analysis, and we consider only whether it was clearly established law that the

Dill v. City Of Edmond

155 F.3d 1193 · Court of Appeals for the Tenth Circuit · Aug 28, 1998

Qualified Immunity 54 Defendants argue that the district court erred in denying Vetter qualified immunity. Our analysis of the qualified immunity defense is two-pronged. … In this case, because Vetter's qualified immunity was predicated on the basis that the law was not clearly established, qualified immunity does not shield the City of Edmond.

Jacob Cooper v. Lynn Brown

844 F.3d 517 · Court of Appeals for the Fifth Circuit · Dec 27, 2016

SMITH, Circuit Judge: Officer Lynn Brown appeals the denial of his motion for summary judg- ment based on qualified immunity (“QI”). … QI provides government officials with immunity from suit “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Pearson v.

Josh Williams v. Scott Decker

767 F.3d 734 · Court of Appeals for the Eighth Circuit · Jul 18, 2014

To determine whether the officers are entitled to qualified immunity, we ask (1) “whether the facts alleged or shown, construed in the light most favorable to [the plaintiffs], establish a violation of a constitutional . … The officers, then, are entitled to qualified immunity for the arrest of Williams.

Fred Watson v. Eddie Boyd, III

119 F.4th 539 · Court of Appeals for the Eighth Circuit · Oct 21, 2024

We consider whether arguable probable cause exists as “part of the resolution of qualified immunity’s second prong, the clearly established prong.” Id. at 901; see also id. … The defendants nonetheless assert that “even if Officer Boyd’s actions did violate Watson’s constitutional rights, Officer Boyd is still entitled to qualified immunity because those claimed rights were not ‘clearly established

Kenneth Rohrbough v. Luther Hall

Court of Appeals for the Eighth Circuit · Nov 9, 2009

After careful consideration, we conclude that the constitutional right involved in this case was clearly established at the time of the alleged violation. … In other words, although "[t]he right to be free from excessive force is a clearly established right," Guite v.

Estate 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

Lois M. Gregoire, Special Administrator of the Estate of George Raymond Bouska Wendy Bouska, Guardian Ad Litem for Jusenda Bouska, Serren Bouska and Shea Bouska v. Joseph Class, in His Official Capacity as Warden of the South Dakota State Penitentiary Douglas Weber, in His Official Capacity as Warden of the South Dakota State Penitentiary and in His Individual Capacity as Former Associate Warden of the South Dakota State Penitentiary Dean Hinders, in His Individual Capacity as Former Associate Warden of the South Dakota State Penitentiary Steven Lee, in His Official Capacity and in His Individual Capacity as Deputy Warden of the South Dakota State Penitentiary Butch Joffer, in His Individual Capacity as a Former Employee of the State of South Dakota, Owen Spurrell, in His Official Capacity as Associate Warden of the South Dakota State Penitentiary Jane and John Doe, in Their Individual and Official Capacities as Employees of the State of South Dakota

236 F.3d 413 · Court of Appeals for the Eighth Circuit · Dec 29, 2000

Creighton, 483 U.S. 635, 638 (1987). 12 To overcome this qualified immunity, the plaintiff must "assert a violation of a constitutional or statutory right; that right must have been clearly established at the time of the … Accordingly, we reverse the district court on the issue of qualified immunity. B.