Case law

Curry v. City Of Syracuse

316 F.3d 324 · Court of Appeals for the Second Circuit · Jan 15, 2003

claim. 38 [G]overnment officials performing discretionary functions generally are granted a qualified immunity and are shielded from liability for civil damages insofar as their conduct does not violate clearly established … [was] clearly established at the time of the incident." Lennon v.

Big Cats of Serenity Springs, Inc. v. Rhodes

843 F.3d 853 · Court of Appeals for the Tenth Circuit · Dec 12, 2016

immunity because the violation was not clearly established under federal law. … Clearly Established Under qualified immunity, even if the inspectors violated the Fourth Amendment, they are entitled to immunity if no clearly established law would have informed them that a warrantless forcible

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.”

Ralph Thomas v. Frank O. Gunter Karen Shortridge, Superintendent Robert Houston, Associate Superintendent

32 F.3d 1258 · Court of Appeals for the Eighth Circuit · Aug 11, 1994

The Court held that only qualified immunity applied to prison officials. … The proper inquiry in the present case, therefore, is whether the free exercise of religion within a penal setting is a clearly established right. It has been “clearly established,” since Cruz v.

Curry v. City of Syracuse

316 F.3d 324 · Court of Appeals for the Second Circuit · Jan 15, 2003

[G]overnment officials performing discretionary functions generally are granted a qualified immunity and are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory … We further conclude that Lynch has not established that he is entitled to summary judgment on the basis of qualified immunity on any of Curry’s claims.

Nadiya Williams-Boldware v. Denton County Texas

741 F.3d 635 · Court of Appeals for the Fifth Circuit · Jan 31, 2014

They also moved to dismiss based upon qualified immunity. The district court ordered Williams-Boldware to file a Rule 7 reply on the issue of qualified immunity. … If the answer is in the affirmative, we then ask whether the official’s actions were objectively reasonable in light of the clearly established right.” Id.

Chalkboard, Inc. Karen M. Hoyt v. Susan Brandt Boyd Dover Lucinda Blair Andy Harclerode Sherry Meredith Lloyd Novick Douglas X. Patino Darwin Cox

902 F.2d 1375 · Court of Appeals for the Ninth Circuit · May 11, 1990

While the right to due process is clearly established under the fourteenth amendment, the issue of qualified immunity cannot be resolved at such a high level of generality. Anderson v. … Defendants accordingly failed to establish that they were entitled to judgment as a matter of law on the ground of qualified immunity.

Allan Josephson v. Toni Ganzel

115 F.4th 771 · Court of Appeals for the Sixth Circuit · Sep 10, 2024

“Qualified immunity shields government officials in the performance of discretionary functions from standing trial for civil liability unless their actions violate clearly established rights.” McDonald v. … We therefore proceed to the next step in our qualified-immunity analysis. See McDonald, 814 F.3d at 812. B. Were Josephson’s Rights Clearly Established?

Fraternal Order of Police, Lodge 1 v. City of Camden

842 F.3d 231 · Court of Appeals for the Third Circuit · Nov 17, 2016

The doctrine of qualified immunity “shields government officials from civil damages liability unless the official violated a statutory or constitutional right that was clearly established at the time of the challenged conduct … .”74 In assessing qualified immunity claims, we conduct a two-part inquiry.

Wolfenbarger v. Williams

826 F.2d 930 · Court of Appeals for the Tenth Circuit · Aug 20, 1987

established law. 7 In this appeal, the defendants make three arguments in support of their claim of qualified immunity. … They maintain that while it is now clearly established that Wolfenbarger has a property interest in the stereo items, it was not clearly established at the time. 10 To determine whether Wolfenbarger had a clearly established

Howard L. Bingham v. City of Manhattan Beach Ernest Klevesahl, Jr. Hodgen Crossett Does, 1-10, Inclusive, and Robert Schreiber, Howard L. Bingham v. City of Manhattan Beach Ernest Klevesahl, Jr., and Robert Schreiber Hodgen Crossett

329 F.3d 723 · Court of Appeals for the Ninth Circuit · May 19, 2003

He posits a novel twist to the "clearly established" inquiry, contending that because it is not clearly established that damages may be obtained under § 1983 for an unlawful traffic stop, qualified immunity should apply. … Rather, in determining whether qualified immunity is available, those cases merely inquire whether the right at issue was clearly established in law.

Christophel v. Kukulinsky

61 F.3d 479 · Court of Appeals for the Sixth Circuit · Aug 3, 1995

immunity because they had not violated a clearly established constitutional right to procedural due process. … a plaintiff is "clearly established" at the time the defendant acted is the determination of whether the plaintiff has asserted a violation of a constitutional right at all.

Hampton v. Marion

98 F. App'x 410 · Court of Appeals for the Sixth Circuit · Apr 29, 2004

Officials are entitled to qualified immunity from liability for civil damages so long as their conduct does not violate clearly established constitutional rights of which a reasonable person would have known. … The courts must analyze individual claims of qualified immunity on a case-by-case basis, to determine if the plaintiffs constitutional rights were so clearly established at the time of the alleged misconduct that any official

Bouggess v. Mattingly

Court of Appeals for the Sixth Circuit · Apr 16, 2007

The Supreme Court has held that defendants in such suits are entitled to qualified immunity from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights … In other words, an officer will be denied qualified immunity if he violates a statutory or constitutional right that was “so clearly established when the acts were committed that any officer in the defendant’s position, measured

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

James Rogers v. Sheriff Nelson O'Donnell

737 F.3d 1026 · Court of Appeals for the Sixth Circuit · Dec 16, 2013

The court held Jennifer Smith was protected by qualified immunity, however, because plaintiffs had not alleged facts making out a violation of any clearly established constitutional right. … Sanders, 668 F.3d 344, 355 (6th Cir. 2012) (“Similar to federal law, Kentucky offers both absolute immunity and qualified immunity to prosecutors.

Forman v. Richmond Police Department

104 F.3d 950 · Court of Appeals for the Seventh Circuit · Jan 15, 1997

Smith is entitled to qualified immunity if he “could have believed [Forman’s arrest] to be lawful, in light of clearly established law and the information [he] possessed.” … Smith was clearly entitled to qualified immunity. Lt.

Robert Brennan v. Roderick Hendrigan

888 F.2d 189 · Court of Appeals for the First Circuit · Oct 27, 1989

Qualified Immunity. … In the lexicon of qualified immunity, there is room for mistaken judgments.

Covington v. Fairman

123 F. App'x 738 · Court of Appeals for the Ninth Circuit · Dec 9, 2004

Stanford, 323 F.3d 1178, 1180, 1184 (9th Cir.2003) (holding that, because the law regarding excessive force was clearly established in 1994, that qualified immunity was improperly granted to officers who allegedly beat an … Moreover, it was clearly established that significant injury is not required to make out an Eighth Amendment violation.

Borello, Ronald T. v. Allison, Richard

Court of Appeals for the Seventh Circuit · May 11, 2006

violated any of [the plaintiff’s] clearly established constitutional rights.’ ” Id. … Because Defendant has not shown that his constitutional rights were violated, we need not move to the second step of the qualified immunity analysis: whether those rights were clearly established at the time of the attack