Case law

Jackson v. Atlanta, TX, City of

73 F.3d 60 · Court of Appeals for the Fifth Circuit · Jan 24, 1996

facts showed a violation of clearly established law. … It is well established that immunity, be it absolute or qualified, is an affirmative defense available to public officials sued under § 1983.18 As we remand Jackson's § 1983 claims with instructions for 17

Finn v. State of New Mexico

249 F.3d 1241 · Court of Appeals for the Tenth Circuit · May 11, 2001

Defendant Rahn also asserted his entitlement to qualified immunity. The district court denied both the motion for summary judgment filed by all defendants and defendant Rahn’s claim of qualified immunity. … “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 .

Mcvay v. Sisters Of Mercy Health System

399 F.3d 904 · Court of Appeals for the Eighth Circuit · Mar 4, 2005

It further found that Sears was entitled to qualified immunity because his conduct did "`not violate clearly established statutory or constitutional rights of which a reasonable person would have known.'" McVay v. … secured by the Constitution and laws." 42 U.S.C. § 1983 . 7 Qualified immunity shields government officials from civil liability where "their conduct does not violate clearly established statutory or constitutional rights

Vivos Therapeutics. v. Ortho-Tain

142 F.4th 1262 · Court of Appeals for the Tenth Circuit · Jul 8, 2025

In contrast, pretrial determinations of evidentiary sufficiency in qualified immunity cases are not immediately appealable. . . . [Two rationales] support this distinction. … Although Weise dealt with qualified immunity, its rationale applies with equal force in absolute-immunity cases like this one.3 3 It may be debated whether our 2007 opinion in Weise remains good law.

Phillip Cordell v. Glen McKinney

759 F.3d 573 · Court of Appeals for the Sixth Circuit · Jul 16, 2014

because those rights were not clearly established. … Therefore, Cordell’s rights were clearly established as of July 20, 2009, and granting qualified immunity at this time is inappropriate. IV.

Kloch v. Kohl

545 F.3d 603 · Court of Appeals for the Eighth Circuit · Nov 3, 2008

For government officials performing discretionary functions, qualified immunity provides a shield from civil damages except in cases in which they have violated “clearly established statutory or constitutional rights of which … Kloch has established the violation of a constitutional right and, if so, *607 whether that right was so clearly established that Bruning is not entitled to qualified immunity.

Harmon v. City of Arlington

Court of Appeals for the Fifth Circuit · Oct 27, 2021

First, the plaintiffs argue that Tran is not entitled to qualified immunity because his use of excessive force violated a clearly established constitutional right. … To overcome qualified immunity, the law must be so clearly established that every reasonable officer in this factual context—an officer holding onto the side of a fleeing car where the driver has ignored instructions

Sabara Roberts v. J. Evans

Court of Appeals for the Fourth Circuit · Jan 6, 2026

This factual dispute precluded qualified immunity and summary judgment, because “a reasonable jury could find that Evans violated [Adrian’s] clearly established rights.” J.A. 76. … established rights.”

David Lee Carter v. Michael Dutton

16 F.3d 1218 · Court of Appeals for the Sixth Circuit · Jan 21, 1994

However, the court determined that Warden Dutton was entitled to qualified immunity on the claim for monetary damages. … Whether an official is protected by qualified immunity turns on the "objective legal reasonableness" of the action, assessed in light of the legal rules that were "clearly established" at the time the action was taken.

Crawford v. Davis

109 F.3d 1281 · Court of Appeals for the Eighth Circuit · Mar 27, 1997

These defendants will merit qualified immunity unless their alleged conduct violated "clearly established statutory or constitutional rights," Harlow v. … Crawford's clearly established statutory and constitutional rights under the circumstances. With respect to Ms.

Jew v. Dobbins

Court of Appeals for the Fifth Circuit · Dec 30, 2025

An order denying qualified or governmental immunity from suit is immediately appealable under the collateral-order doctrine. Martinez v. Texas Dep’t of Crim. … Just., 300 F.3d 567, 576 (5th Cir. 2002) (“A denial of . . . qualified immunity is immediately appealable under the collateral[-] order doctrine . . . .” (quoting Rodriguez v.

Ralph Walters v. Western State Hospital, Ft. Supply, Oklahoma, and Patrick W. Dudley, M.D., and E.B. Lasmarias, M.D.

864 F.2d 695 · Court of Appeals for the Tenth Circuit · Dec 29, 1988

The district court held as a matter of law that Walters’ constitutional rights were clearly established when he was involuntarily admitted to Western in April 1981, and therefore the physicians were not immune from suit for … But the rule, if there was one, violates the law, as clearly set forth in the Oklahoma statute above quoted. Harlow and Anderson require application of an objective standard for measuring qualified immunity.

Holloway v. Reeves

277 F.3d 1035 · Court of Appeals for the Eighth Circuit · Jan 24, 2002

The defendant board members maintained that they were entitled to qualified immunity. 5 We review a rejection of a qualified immunity defense de novo. Burnham v. Ianni, 119 F.3d 668 , 673 (8th Cir. 1997) (en banc). … "Qualified immunity shields state officials from civil liability when 'their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.' " Doe v.

Victor M. Fontane-Rexach v. Puerto Rico Electric Power Authority

878 F.2d 1493 · Court of Appeals for the First Circuit · Apr 22, 1988

Against this backdrop, we consider whether or not, in May 1985, plaintiffs right to hold his job free of a politically-motivated firing was “clearly established.” … Simply put, the qualified immunity inquiry asks whether a state actor should have known, when he dismissed an underling, that clearly established federal law contravened his actions. See id. at 142 .

Frazier v. King

873 F.2d 820 · Court of Appeals for the Fifth Circuit · May 30, 1989

Qualified Immunity. … The defendants are not entitled to qualified immunity if Frazier’s First Amendment rights were “ ‘clearly established’ at the time of [the defendants’] conduct so that a reasonable official would have understood that his

The State of Texas v. Jesse Thompson, Defendant-Third Party v. Chris Hanger and Benny Fisher, Third Party-Defendants-Appellants

70 F.3d 390 · Court of Appeals for the Third Circuit · Dec 8, 1995

DISCUSSION We review a denial of summary judgment based upon qualified immunity in a § 1983 action de novo under well-established standards. See Reese v. Anderson, 926 F.2d 494, 498 (5th Cir.1991). … The first step in assessing a claim of qualified immunity is to ascertain whether the plaintiff has alleged the violation of a clearly established constitutional right. Siegert v.

Huminski v. Corsones

386 F.3d 116 · Court of Appeals for the Second Circuit · Oct 7, 2004

Fitzgerald, 457 U.S. 800, 818 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982) (noting that defendants are entitled to qualified immunity “insofar as their conduct does not violate clearly established statutory or constitutional … The defendants are not entitled to qualified immunity with regard to this claim because this right was clearly established at the time that the defendants issued the trespass notices.

Wu v. Thomas

996 F.2d 271 · Court of Appeals for the Eleventh Circuit · Jul 27, 1993

Qualified immunity is no defense to a Title VII action. But defendants could assert qualified immunity once plaintiffs tried to recover damages under section 1983 for the alleged Title VII violation. … "General propositions have little to do with the concept of qualified immunity." Muhammad v. Wainwright, 839 F.2d 1422, 1424 (11th Cir.1987).

Franco v. City of Syracuse

972 F.3d 170 · Court of Appeals for the Second Circuit · Aug 28, 2020

The officers moved for summary judgment on the basis of 7 qualified immunity. … to review a denial of qualified immunity 9 by a district court based on the existence of such a factual dispute.

Suarez Corp. Industries v. McGraw

125 F.3d 222 · Court of Appeals for the Fourth Circuit · Sep 11, 1997

White, 484 U.S. 219, 224 (1988), as well as our own recent holding that an official "who performs an act clearly established to be beyond the scope of his dis- cretionary authority is not entitled to claim qualified immunity … immunity for acts clearly established to be beyond the scope of his authority.