Case law

York v. City of Las Cruces

523 F.3d 1205 · Court of Appeals for the Tenth Circuit · Apr 22, 2008

York’s clearly established constitutional rights. 1 The district court denied qualified immunity with respect to Mr. York’s § 1983 claims. … However, because qualified immunity entitles the defendant to avoid litigation, “we have jurisdiction [on appeal] to review purely legal questions that arise from the denial of qualified immunity.” Perez v.

Papineau v. Parmley

465 F.3d 46 · Court of Appeals for the Second Circuit · Oct 4, 2006

Qualified immunity “shields police officers acting in their official capacity from suits for damages ... unless their actions violate clearly-established rights of which an objectively reasonable official would have known … Id. at 321 , 71 S.Ct. 303 . 1) Plaintiffs’ Free Speech Rights Were Clearly Established.

Brent James Nash v. Austin Bryce

Court of Appeals for the Sixth Circuit · Sep 30, 2025

Clearly Established Right To overcome the defendants’ qualified immunity defense, Nash ordinarily would need to show that it was “clearly established” in April 2021 that the defendants’ use of force would violate … Op. 29–30 (holding that the officers “forfeited the clearly established prong of their qualified immunity defense by failing to meaningfully contest the issue”).

Shain v. Ellison

273 F.3d 56 · Court of Appeals for the Second Circuit · Oct 19, 2001

In a published opinion dated June 1, 1999, Judge Wexler granted Shain partial summary judgment establishing that the strip search policy was unconstitutional and that Jablonsky was not entitled to qualified immunity. … We also found in Wachtler that the individual defendants were entitled to qualified immunity because the law did not clearly establish whether Wachtler’s conduct was sufficient to trigger a reasonable suspicion.

Matusick v. Erie County Water Authority

757 F.3d 31 · Court of Appeals for the Second Circuit · Feb 25, 2014

Clearly Established. … established — the defendants have never argued this basis for qualified immunity.

Jerry M. Stanley v. City of Dalton, Georgia

219 F.3d 1280 · Court of Appeals for the Eleventh Circuit · Jul 26, 2000

11 interlocutory appeal of the denial of qualified immunity where the disputed issue is whether the official’s conduct violated clearly established law. … immunity analysis of whether the defendant’s conduct violated clearly established law.”

Soares v. State of Connecticut

8 F.3d 917 · Court of Appeals for the Second Circuit · Nov 2, 1993

Accordingly, Konow is entitled to summary judgment on the basis of qualified immunity. II. … that their conduct was necessarily "objectively reasonable," they can prevail on their qualified immunity defense if they can show that the rights plaintiff claims to have been violated were not "clearly established."

Tellier v. Fields

280 F.3d 69 · Court of Appeals for the Second Circuit · Nov 1, 2000

of clearly established rights. … Home supports the need to address the constitutional question when a court finds that qualified immunity does not exist because the right asserted is clearly established.

Robert W. Clark v. Joseph G. Brown

861 F.2d 66 · Court of Appeals for the Fourth Circuit · Nov 4, 1988

Indeed it is not clearly established under current law. … They are not a bar to qualified immunity. Brown is entitled to qualified immunity.

Sharon Courson v. Quinn A. McMillian Individually and as Sheriff of Walton County, a Political Subdivision of the State of Florida, Jim Roy

939 F.2d 1479 · Court of Appeals for the Eleventh Circuit · Aug 30, 1991

(“To defeat a qualified immunity defense, plaintiff bears the burden of showing that ‘the legal norms allegedly violated by the defendant were clearly established at the time of the challenged actions or, ... the law clearly … Rich recognizes two situations where qualified immunity is accorded to government officials: 1) when the law that they allegedly violated is not clearly established, see, e.g., Clark v.

Doe v. Connecticut Department of Child and Youth Services

911 F.2d 868 · Court of Appeals for the Second Circuit · Aug 13, 1990

Neither circumstance defeats the defense of qualified immunity on the facts of this case. … The removal remained objectively reasonable when it was undertaken. 6 We agree with Judge Dorsey, for the reasons set forth in his opinion, that the undisputed facts establish the availability of the qualified immunity defense

Carol Walker v. Brian Coffey

905 F.3d 138 · Court of Appeals for the Third Circuit · Sep 20, 2018

The District Court granted Appellees’ motion to dismiss, concluding that they were entitled to qualified immunity because Walker did not have a clearly established right to privacy in the content of her work emails. … “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.” 8 Qualified

El Dia, Inc. v. Rossello

165 F.3d 106 · Court of Appeals for the First Circuit · Jan 28, 1999

The court found that the acts alleged in count one, if proven, would violate "clearly established" law and that the qualified immunity defense was therefore unavailable. … Because the law was clearly established at the time the Defendants allegedly withdrew the advertising, the Defendants are not entitled to qualified immunity.

Alexander v. Eeds

392 F.3d 138 · Court of Appeals for the Fifth Circuit · Nov 23, 2004

Without an established right, qualified immunity is granted. Id. … Therefore, they have not successfully alleged a violation of an established right and qualified immunity was properly granted.

Hayes Williams and Arthur Mitchell v. David C. Treen, Governor of the State of Louisiana

671 F.2d 892 · Court of Appeals for the Fifth Circuit · Mar 31, 1982

Damage Claims And The Qualified Immunity Defense: Was There A Violation Of Clearly Established Law? Qualified immunity is unavailable to those 1983 defendants who violate “clearly *898 established” law. 10 Procunier v. … We must determine whether 1983 defendants are entitled to the protections of a qualified immunity when there has been a violation of clearly established state law.

Denise Green v. City & County of San Francisco

751 F.3d 1039 · Court of Appeals for the Ninth Circuit · May 12, 2014

“The doctrine of qualified immunity 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 person … In Washington, we denied qualified immunity on a similar set of facts, finding: at the time of [the suspects’] detentions the law was clearly established that, when making a Terry stop, officers may

Baldwin v. Placer County

405 F.3d 778 · Court of Appeals for the Ninth Circuit · Apr 19, 2005

The County moved for summary judgment on the ground of the qualified immunity of the officers. … Qualified immunity was rightly denied. 16 Conspiracy.

Willie J. Street v. Terry Parham, Ken Snider, and Mike Hill, Sheriff of Sedgwick County, Kansas

929 F.2d 537 · Court of Appeals for the Tenth Circuit · Mar 25, 1991

Instruction No. 21: On August 31, 1985, the law as set forth in Instruction No. 18 was clearly established. … If the law was clearly established, a claim to immunity should ordinarily fail. Id. at 818-19 , 102 S.Ct. at 2738 .

Leroy Edward Green v. Camilla Maraio and Angelo J. Ingrassia

722 F.2d 1013 · Court of Appeals for the Second Circuit · Nov 7, 1983

The fate of an official with qualified immunity depends upon the circumstances and motivations of his actions, as established by the evidence at trial. Imbler, 424 U.S. at 419 n. 13, 96 S.Ct. at 989 n. 13. … Thus, the complaint itself establishes the circumstances required as a predicate to a finding of qualified immunity and, consequently, there is no reason to require an answer, a hearing or a trial. See Harlow v.

Lenora Daugherty v. Donal Campbell, Alton R. Hesson, Robert W. Starbuck, Funderburk, Rita A. Starbuck, Kevin W. Daniels, Bobby L. Chessor

935 F.2d 780 · Court of Appeals for the Sixth Circuit · Aug 27, 1991

Whether an official may prevail in his qualified immunity defense depends upon the “objective reasonableness of [his] conduct as measured by reference to clearly established law.” … Before the commencement of discovery, a defendant pleading qualified immunity is entitled to dismissal if the plaintiff fails to state a claim of violation of clearly established law.