Case law

Anas Elhady v. Unidentified CBP Agents

18 F.4th 880 · Court of Appeals for the Sixth Circuit · Nov 19, 2021

And because the court also found that this right was clearly established, it held that qualified immunity did not protect Bradley. Bradley appeals the denial of qualified immunity. … There, the Fifth Circuit resolved the case based on qualified immunity’s clearly established prong. See Hernandez v. United States, 785 F.3d 117, 120–21 (5th Cir. 2015) (en banc).

Kaluczky v. City of White Plains

57 F.3d 202 · Court of Appeals for the Second Circuit · Jun 8, 1995

The immunity question turns on whether it was objectively reasonable for the defendants to believe that their conduct violated Kaluczky’s clearly established constitutional rights. … Qualified Immunity In a § 1983 action, it is well-settled that qualified immunity shields a defendant from personal liability for damages so long as his conduct did not violate “clearly established statutory or constitutional

Moldowan v. City of Warren

573 F.3d 309 · Court of Appeals for the Sixth Circuit · Jul 23, 2009

Defendants’ Qualified Immunity Claims Generally speaking, the rationale underlying the qualified immunity doctrine is that, “where an official’s duties legitimately require action in which clearly established rights are not … qualified immunity.

Lyons v. Xenia

Court of Appeals for the Sixth Circuit · Aug 4, 2005

The constitutional and non-constitutional questions in a qualified immunity case overlap, and it often may be difficult to decide whether a right is clearly established without deciding precisely what the existing constitutional … Was the Right Clearly Established?

Meyers v. Redwood City

400 F.3d 765 · Court of Appeals for the Ninth Circuit · Mar 9, 2005

Defendants claim that they did not violate the Plaintiffs’ constitutional rights and, in the alternative, that those rights were not clearly established and Defendants have qualified immunity from suit. … The court also found that the law governing repossession of cars was well established to defeat Defen- dants’ claim of qualified immunity.

Clarissa Gilmore v. Georgia Department of Corrections

Court of Appeals for the Eleventh Circuit · Jul 11, 2025

Second, the plaintiff may ‘point to a broader, clearly law can be clearly established for qualified immunity purposes by non-binding precedent.”); Amnesty Int’l, USA v. … It acknowledged in a string citation that “clearly established law in the qualified immunity context” includes “cases from the Supreme Court and the U.S.

Cassady v. Goering

567 F.3d 628 · Court of Appeals for the Tenth Circuit · May 28, 2009

Cassady’s Fourth Amendment rights, we next ask whether it was clearly established that such conduct was unlawful. … , but rather whether it was clearly established that the warrant violated Mr.

Brown v. City of Fort Lauderdale

171 F.3d 1329 · Court of Appeals for the Eleventh Circuit · Apr 8, 1999

The question of qualified immunity rests on whether the law is "clearly established" and whether the facts alleged violate that law. … Whether the facts alleged violate clearly established law is a purely legal question.

Wilson v. Schillinger

761 F.2d 921 · Court of Appeals for the Third Circuit · May 1, 1985

The Supreme Court has extended the application of the Harlow "clearly established rights" standard for qualified immunity to cases, such as this one, in which defendants are sued under 42 U.S.C. … Thus, to avoid the recovery-preclusive effects of qualified immunity, plaintiff must have proven that defendants had reason to know they were violating plaintiff's clearly established equal protection rights by enforcing

McConnell v. Adams

829 F.2d 1319 · Court of Appeals for the Fourth Circuit · Oct 1, 1987

Equally clearly, however, public officers should not automatically receive qualified immunity simply because there is not a strict factual nexus between their actions and the precedent establishing the right allegedly violated … In rejecting the appellants’ qualified immunity defense, the district court held that the appellees’ constitutional rights “were clearly established and had been for several years.” Kilgore, 637 F.Supp. at 1247.

Maness v. DIST. COURT, LOGAN COUNTY-NORTHERN DIV.

495 F.3d 943 · Court of Appeals for the Eighth Circuit · Aug 13, 2007

"Qualified immunity protects state actors from civil liability when their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known." Kahle v. … was a deprivation of such a right, whether or not the right was clearly established such that a reasonable person would have realized that his or her actions were unlawful.

William L. Manion, M.D. v. George Evans, M.D., Lima Memorial Hospital and Gregory Turner

986 F.2d 1036 · Court of Appeals for the Sixth Circuit · Feb 26, 1993

Qualified immunity is "immunity from suit rather than a mere defense to liability; and like an absolute immunity, it is effectively lost if a case is erroneously permitted to go to trial." Mitchell v. … We recognize that this threat of piecemeal appeals also exists in the context of public official qualified immunity, since there is no qualified immunity from declaratory or injunctive actions. Spruytte v.

Cooper v. Dupnik

924 F.2d 1520 · Court of Appeals for the Ninth Circuit · Feb 6, 1991

Appellant Tucson Police Department argues that the district court erred in denying qualified immunity on Count Five of the complaint because the law is clearly established that defamation can state a section 1983 claim. … established on this point as of May 8, 1986, and thus Ronstadt forfeits his qualified immunity.

Hansen v. Cannon

122 F. App'x 265 · Court of Appeals for the Seventh Circuit · Nov 29, 2004

Second, was that right clearly established? Id. … Of course our order today does not establish Wolfe’s liability; we have decided only that the facts viewed in the light most favorable to the Hansens would establish a violation of a clearly established Fourth Amendment right

Larry D. Moiser v. Coreen M. Blum, Dick D. Moore, Bill E. Duncan, Cranston J. Mitchell, Wilbur C. Kirchner, Victoria C. Myers and Carolyn T. Atkins

875 F.2d 202 · Court of Appeals for the Eighth Circuit · May 24, 1989

Blum claimed eleventh amendment immunity in her official capacity and qualified immunity in her individual capacity on the ground that her actions were reasonable when assessed in light of the legal rules that were “clearly … established” at the time.

Fields v. Prater

566 F.3d 381 · Court of Appeals for the Fourth Circuit · May 21, 2009

However, because this conclusion was not clearly established at the time of the decision under exist- ing law, we think the defendants entitled to the qualified immunity they seek. … Because, however, it was not clearly established under existing law at the time of the hiring decision that the action taken was unconstitutional, defendants are entitled to qualified immunity.

Hell's Angels Motorcycle Corporation, a California Corporation the Oakland Charter of the Hell's Angels Motorcycle Club v. Timothy McKinley

360 F.3d 930 · Court of Appeals for the Ninth Circuit · Feb 6, 2004

established at the time of the alleged deprivation, and thus Agent McKinley was entitled to qualified immunity. … They now appeal only the grant of qualified immunity to Agent McKinley. 4 *933 III. STANDARD OF REVIEW We review de novo the district court’s decision granting qualified immunity to Agent McKinley. Sorrels v.

Diana G. Schlegel and Central Pacific Freight Lines, an Oregon Corporation v. William Bebout and Bob Russell

831 F.2d 881 · Court of Appeals for the Ninth Circuit · Nov 3, 1987

The Court pointed out that the right to due process of law is quite clearly established by the Due Process Clause, and thus it could follow that any action that violates that clause violates a clearly established right regardless … Based upon these principles, appellants are entitled to immunity if they can prove that a reasonable PUC official could have believed that the action taken was lawful, in light of clearly established law.

Alexander Eugenio Moskovits v. Mercedes-Benz USA, LLC

Court of Appeals for the Eleventh Circuit · Nov 29, 2022

Jenne, 326 F.3d 1352, 1357 (11th Cir. 2003) (qualified immunity). … Ferraro, 284 F.3d 1188, 1193-94 (11th Cir. 2002) (stating qualified immunity offers complete protection for government officials sued in their individual capacities as long as their conduct violated no clearly established

Hernandez Ex Rel. Hernandez v. Foster

657 F.3d 463 · Court of Appeals for the Seventh Circuit · Aug 26, 2011

Qualified Immunity Qualified immunity shields “government actors from liability for civil damages where their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … When making a qualified immunity determination, a court considers (1) whether the plaintiff’s allegations show that the de- fendant violated a constitutional right, and (2) whether that right was “clearly established” at