Case law

Catletti v. Rampe

334 F.3d 225 · Court of Appeals for the Second Circuit · Jul 2, 2003

The district court denied the motion, holding that defendants' claim of qualified immunity is defeated by the clearly established constitutional right to testify at a trial. See Catletti v. … Underwood, 487 U.S. 552, 558 , 108 S.Ct. 2541 , 101 L.Ed.2d 490 (1988). 9 A public official is entitled to qualified immunity when his or her conduct "did not violate `clearly established statutory or constitutional rights

Spikes v. Wheat

141 F.4th 662 · Court of Appeals for the Fifth Circuit · Jun 24, 2025

The defendants asserted qualified immunity and moved to dismiss, but the district court denied their motion. After discovery, the defendants again asserted qualified immunity and moved for summary judgment. … was clearly established at the time of the challenged conduct.”

Petta ex rel. Petta v. Rivera

133 F.3d 330 · Court of Appeals for the Fifth Circuit · Jan 16, 1998

Regarding the applicability of qualified immunity, we merely observed that “[u]se of excessive force in making an arrest violates clearly established rights, and the doctrine of qualified immunity therefore does not shield … Once an officer uses objectively unreasonable force to effect an arrest, he loses his *342 qualified immunity, whether the other elements of an excessive force claim are clearly established or not.

Richard L. Windsor v. The Tennessean

719 F.2d 155 · Court of Appeals for the Sixth Circuit · Jan 23, 1984

If the law. which the defendant is alleged to have violated is clearly established, then the qualified immunity defense should fail and discovery should proceed. … If the law is not clearly established, the defendant is immune.

Francisco Carrillo, Jr. v. County of Los Angeles

Court of Appeals for the Ninth Circuit · Aug 26, 2015

The officers filed a motion for judgment on the pleadings based on qualified immunity, arguing it was not clearly established in 1984 that they were bound by Brady’s disclosure requirements. … Ditsch moved for summary judgment, arguing he was entitled to qualified immunity on Carrillo’s Brady claim because it was not clearly established in 1991 that Brady 16 CARRILLO V. CNTY.

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.

Judi Patrizi v. Scott Huff

690 F.3d 459 · Court of Appeals for the Sixth Circuit · Aug 24, 2012

cause to initiate the arrest was not clearly established. … CONCLUSION Based on the foregoing, we AFFIRM the district court’s denial of summary judgment on qualified-immunity grounds.

Morris-Hayes v. Board of Education of the Chester Union Free School District

423 F.3d 153 · Court of Appeals for the Second Circuit · Sep 12, 2005

As public officials, they are protected by qualified immunity from civil liability for actions taken in their official capacity, if those actions were objectively reasonable in light of clearly established rules then extant … Accordingly, Morris-Hayes cannot prevail without a showing that the Individual Defendants violated “clearly established statutory ... rights of which a reasonable person would have known.” Harlow 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.

Defore v. Premore

86 F.3d 48 · Court of Appeals for the Second Circuit · Jun 13, 1996

Discussion 6 Qualified immunity insulates public officials from claims for damages where their conduct does not violate "clearly established statutory or constitutional rights of which a reasonable person would have known … to believe that their actions did not violate clearly established rights.

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.

Bishop v. City of Macon

177 F.3d 1233 · Court of Appeals for the Eleventh Circuit · Jun 10, 1999

On appeal Avera raises only the issue of qualified immunity.1 To survive a motion for summary judgment on grounds of qualified immunity, a plaintiff must show that “when the defendant acted, the law established … However, in light of the subsequent division in lower courts, we cannot say that Patterson so clearly established the law as to strip Avera of qualified immunity. 7 Although we would normally address whether § 1981 has been

Ruth Simmons Herts v. Gary Smith

345 F.3d 581 · Court of Appeals for the Eighth Circuit · Oct 6, 2003

] ... support a claim of violation of clearly established law.’ ” Pace, 201 F.3d at 1052 (quoting Mitchell v. … The question brought up for review, therefore, is whether under the facts established by the summary-judgment record, defendants violated “clearly established law.” Johnson v.

Scott A. Crow v. Marty Montgomery

403 F.3d 598 · Court of Appeals for the Eighth Circuit · Apr 12, 2005

Qualified immunity shields government officials “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known … “If no constitutional right would have been violated were the allegations established, there is no necessity for further inquiries concerning qualified immunity.” Id.

Jakuttis v. Town of Dracut

95 F.4th 22 · Court of Appeals for the First Circuit · Mar 7, 2024

But just as a § 1983 defendant may be entitled to qualified immunity, a MCRA defendant may be as well. … And Mellonakos also asserts qualified immunity as a defense to the MCRA claim against him.

Theodore W. White, Jr. v. Detective McKinley

Court of Appeals for the Eighth Circuit · Feb 26, 2008

Richard argues that White possessed no clearly established federal constitutional right infringed by Richard's failures. … Consequently, to be viable, White's claim must allege bad faith to implicate a clearly established right under Brady.

Sean Breen, as Administrator of the Estate of Christopher Breen Christopher Breen John E. Breen Marian K. Breen v. Texas A&m University, Texas A&m University J. Malon Southerland, in His Individual Capacity Russell Thompson, in His Individual Capacity Ray Bowen, James Kimmel, as Representative of the Estate of Lucas Kimmel (Deceased) James Kimmel Walieta Kimmel v. Texas A&m University, Texas A&m University J. Malon Southerland, in His Individual Capacity Russell J. Thompson, in His Official Capacity Ray Bowen, in His Individual Capacity William L. Kibler, in His Individual Capacity John J. Koldus, Iii, in His Individual Capacity, Bill Davis v. Texas A&m University, Texas A&m University J. Malon Southerland, in His Individual Capacity Russell Thompson, in His Individual Capacity Ray Bowen, in His Individual Capacity William L. Kibler, in His Individual Capacity John J. Koldus, Iii, in His Individual Capacity, Howard Scanlan Denise Scanlan Lauren N.T. Scanlan v. Texas A&m University, Texas A&m University J. Malon Southerland, in His Individual Capacity Russell Thompson, in His Individual Capacity Ray Bowen, in His Individual Capacity William L. Kibler, in His Individual Capacity John J. Koldus, Ii, in His Individual Capacity, John Andrew Comstock Dixie Ann Zinneker v. Texas A&m University, Texas A&m University J. Malon Southerland, in His Individual Capacity Russell Thompson, in His Individual Capacity Ray Bowen William L. Kibler, in His Individual Capacity John J. Koldus, Iii, in His Individual Capacity, Jaquelynn Kay Self, Individually and as Administratrix of the Estate of Jerry Don Self, Deceased Kathy McClain Escamilla, Individually and as Administratrix of the Estate of Bryan A. McClain Deceased Phillip McClain Andrea Heard, Individually and as Administratrix of the Estate of Christopher Lee Heard, Deceased Leslie G. Heard Gregory Anthony Powell, Individually and as Administrator of the Estate of Chad A. Powell, Deceased Beverly Jill Powell Matthew Lynn Robbins Dominic M v. Braus Nancy Braus v. Ray M. Bowen J. Malon Southerland William Kibler Russell W. Thompson John J. Koldus, III M.T. Hopgood, Jr., Major General Donald J. Johnson Zack Coapland Kevin Jackson James R. Reynolds Robert Harry Stiteler, Jr. Michael David Krenz

485 F.3d 325 · Court of Appeals for the Fifth Circuit · Apr 24, 2007

Clearly Established Law 26 Defendants in section 1983 cases are nevertheless entitled to qualified immunity from a plaintiff's claims unless their conduct was objectively unreasonable in light of the clearly established law … The Supreme Court has made it clear, however, that courts considering qualified immunity defenses ordinarily should address the issue of clearly established law only if the plaintiff's allegations establish a constitutional

Trabucco v. Rivera

141 F.4th 720 · Court of Appeals for the Fifth Circuit · Jun 26, 2025

A state official is entitled to qualified immunity unless: (1) the plaintiff alleged a violation of a constitutional right; and (2) that right was “clearly established” at the time of the alleged violation. Cope v. … As noted, “an analysis of the clearly established prong [of qualified immunity] is fact-intensive.” Edwards v. Oliver, 31 F.4th 925, 932 (5th Cir. 2022).

Alexander v. City Of Milwaukee

474 F.3d 437 · Court of Appeals for the Seventh Circuit · Jan 18, 2007

Clearly Established Law During the Relevant Period 28 Qualified immunity protects officials from suit and from liability for civil damages when, at the time of the challenged action, the contours of the constitutional right … established, we also must conclude that the defendants are not entitled to qualified immunity.