Case law

Sikes v. Gaytan

218 F.3d 491 · Court of Appeals for the Fifth Circuit · Jul 26, 2000

It is clear, however, that regardless of whether the trial court submits the issues of liability and qualified immunity in one or two interrogatories, the central focus is on whether the trial court correctly and clearly … was objectively reasonable in the light of the legal rules clearly established at the time of the incident in issue and that the defendant is therefore not liable.

Ronald Ketcham v. City of Mount Vernon

992 F.3d 144 · Court of Appeals for the Second Circuit · Mar 29, 2021

To demonstrate entitlement to qualified immunity, the officers must 8 show that their actions did not violate clearly established law, or that it was 9 objectively reasonable for them to believe that their actions … established law.

Eubanks v. Gerwen

40 F.3d 1157 · Court of Appeals for the Eleventh Circuit · Dec 22, 1994

This Circuit has prescribed a two-part analysis for the defense of qualified immunity. … of fact must be resolved to determine if the government official’s conduct violated clearly established law.

Anant Kumar Tripati v. United States Immigration And Naturalization Service

784 F.2d 345 · Court of Appeals for the Tenth Circuit · Feb 20, 1986

The officer had claimed qualified immunity. Again, we agree. … "[G]overnment officials performing discretionary functions, generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which

Koger v. Bryan

523 F.3d 789 · Court of Appeals for the Seventh Circuit · Apr 24, 2008

A plaintiff seeking to defeat an assertion of qualified immunity must establish “that the law concerning the plaintiffs asserted right was clearly established at the time the challenged conduct occurred.” Id. … Those rights being clearly established at the relevant time, we conclude that the prison officials are not entitled to qualified immunity. F.

Prue v. City Of Syracuse

26 F.3d 14 · Court of Appeals for the Second Circuit · Jun 6, 1994

Qualified Immunity. 21 The doctrine of qualified immunity shields government officials performing discretionary functions from liability for civil damages "insofar as their conduct does not violate clearly established statutory … Creighton, 483 U.S. 635, 638 , 107 S.Ct. 3034, 3038 , 97 L.Ed.2d 523 (1987). 22 To establish qualified immunity, defendants must show either that their conduct "did not violate 'clearly established rights' of which a reasonable

Carroll White v. Burdette Searcey

696 F.3d 740 · Court of Appeals for the Eighth Circuit · Oct 15, 2012

“Qualified immunity shields government officials from liability in a § 1983 action unless the official’s conduct violates a clearly established constitutional or statutory right of which a reasonable person would have known … was clearly established in 1989.

Ramirez v. Oklahoma Department of Mental Health

41 F.3d 584 · Court of Appeals for the Tenth Circuit · Nov 28, 1994

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 statutory … The dismissal on qualified immunity grounds with respect to defendants Goodner, LeFlore, Pendergrass and Prigmore still must be considered in light of the second Harlow prong--whether they violated "clearly established statutory

Kiddy-Brown, Sandra v. Blagojevich, Rod

408 F.3d 346 · Court of Appeals for the Seventh Circuit · May 13, 2005

However, the law of qualified immunity does not require a plaintiff to produce a case that is “directly on point” in order to show that a right is clearly established. Nabozny v. … We now turn to the second part of the qualified immunity inquiry—whether the law was clearly established when Ms. Kiddy-Brown’s employment was terminated in December 2003.

Puente v. City of Phoenix

123 F.4th 1035 · Court of Appeals for the Ninth Circuit · Dec 19, 2024

The panel held that the officers were entitled to qualified immunity because they acted reasonably under the circumstances or did not violate clearly established law.  PUENTE V. … established” prong of qualified immunity.

Kopec v. Tate

Court of Appeals for the Third Circuit · Mar 17, 2004

Whether a qualified immunity is legal rule is “clearly established,” the appropriate. … immunity clearly established.

Reisha Simpson v. City of New York

793 F.3d 259 · Court of Appeals for the Second Circuit · Jul 15, 2015

Qualified Immunity We turn to whether Officer Nelson is entitled to qualified immunity at this stage of the proceedings. … “A police officer is entitled to qualified immunity from liability for his discretionary actions if either (1) his conduct does not violate clearly established statutory or constitutional rights of which a reasonable person

Glass v. Mayas

984 F.2d 55 · Court of Appeals for the Second Circuit · Jan 15, 1993

Due Process 12 Qualified immunity protects government officials from the "costs of trial" and "broad reaching discovery" by shielding them from liability "insofar as their conduct does not violate clearly established statutory … the legal rules that were 'clearly established' at the time it was taken."

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.

Jones, Mark D. v. Wilhelm, Ron

Court of Appeals for the Seventh Circuit · Oct 3, 2005

Since Wilhelm’s undisputed actions represent a viola- tion of clearly-established, constitutional rights, we find that Wilhelm enjoys no qualified immunity as to the Joneses’ warrant claim. … The Court there- fore held that the officers were not entitled to qualified immunity. Id.

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

Barney v. City of Eugene

20 F. App'x 683 · Court of Appeals for the Ninth Circuit · Sep 26, 2001

MEMORANDUM ** Joy Kern Barney (“Barney”) appeals the district court’s grant of summary judgment in favor of several individual police officers and the City of Eugene on the basis of qualified immunity in her action brought … We review the district court’s decision to grant summary judgment on the ground of *685 qualified immunity de novo. LSO, Ltd. v. Stroh, 205 F.3d 1146, 1157 (9th Cir.2000).

Febus-Rodriguez v. Betancourt-Lebron

14 F.3d 87 · Court of Appeals for the First Circuit · Jan 19, 1994

Qualified Immunity Qualified immunity shields government officials performing discretionary functions from civil damages "insofar as -6- … 6 their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known."

Lia Xiong v. Michael Wagner

700 F.3d 282 · Court of Appeals for the Seventh Circuit · Oct 19, 2012

In determining whether qualified immunity applies, “a court considers (1) whether the plaintiff’s allegations show that the defen- dant violated a constitutional right, and (2) whether that right was ‘clearly established’ … Thus, as long as RCHSD workers “could have believed [Thor’s removal] to be lawful, in light of clearly established law and the information [they] possessed,” defendants are entitled to qualified immunity. Id.

Rhonda Fleming v. FCI Tallahassee Warden

127 F.4th 837 · Court of Appeals for the Eleventh Circuit · Feb 3, 2025

But it has done so on interlocutory appeal only as a part of its analysis of whether a defendant is entitled to qualified immunity—that is, whether the officer violated a clearly established right of … Qualified immunity shields government officials performing discretionary functions so long as their “conduct does not violate clearly established statutory or constitutional rights of which a reasonable