Case law

Robert Spurlock Ronnie Marshall v. Tommy P. Thompson

330 F.3d 791 · Court of Appeals for the Sixth Circuit · May 30, 2003

But the alternative of qualifying a prosecutor’s immunity would disserve the broader public interest. … Insofar as the Complaint properly alleges a violation of Plaintiffs' right of access to the courts — a right derived from both the Due Process Clause and the First Amendment — it is clearly established that a violation of

Lena Childs v. San Diego Family Housing LLC

22 F.4th 1092 · Court of Appeals for the Ninth Circuit · Jan 14, 2022

For the same reason, SDFH and Lincoln’s attempt to analogize derivative sovereign immunity to qualified immunity fails, because the denial of qualified immunity would impact the substantial public interest in inducing “officials … to show reasonable initiative when the relevant law is not ‘clearly established.’”

Hunt v. Montano

Court of Appeals for the Tenth Circuit · Jul 6, 2022

The district court also erred by finding that the clearly established prong of qualified immunity had been waived for purposes of this motion. … The district court’s provisional denial of qualified immunity, which sought to reserve the clearly established prong for later decision, was therefore improper.

Jane Doe v. Taylor Independent School District, Mike Caplinger in His Official Capacities and Eddy Lankford in His Official and Individual Capacities

15 F.3d 443 · Court of Appeals for the Fifth Circuit · Mar 3, 1994

C We must next consider these legal principles in the context of qualified immunity. … clearly established in 1987, but Lankford’s and Caplinger’s duty with respect to that violation was also clearly established at that time.

Ash v. Tyson Foods, Inc.

546 U.S. 454 · Supreme Court of the United States · Feb 21, 2006

S. 164, 187–188 (1989) (indicating a plaintiff “might seek to demonstrate that respondent’s claim to have promoted a better qualified applicant was pretextual by showing that she was in fact better qualified than the person … Fairbanks North Star Borough School Dist., 323 F. 3d 1185, 1194 (CA9 2003) (holding that qualifications evidence standing alone may establish pretext where the plaintiff’s qualifications are “ ‘clearly superior’ ” to those

Mills v. Graves

930 F.2d 729 · Court of Appeals for the Ninth Circuit · Jun 4, 1991

Qualified immunity protects "all but the plainly incompetent or those who knowingly violate the law." … Malley, 475 U.S. at 341 , 106 S.Ct. at 1096 . 9 Officer Robertson bears the burden of establishing his qualified immunity defense, including the reasonableness of his belief that his conduct was constitutional.

Mustapha Younes v. Christopher Pellerito

739 F.3d 885 · Court of Appeals for the Sixth Circuit · Jan 9, 2014

The officers appeal the district court’s order denying them qualified immunity and state law governmental immunity. … established.”

Brown v. Byerly

322 F. App'x 957 · Court of Appeals for the Eleventh Circuit · Apr 14, 2009

PER CURIAM: Charles Byerly appeals the district court’s denial of his motion to dismiss based on the defense of qualified immunity. … violation because Appellee Malissa Brown was arrested pursuant to a valid warrant, and (3) he did not violate a clearly established law.

Huff v. Reeves

996 F.3d 1082 · Court of Appeals for the Tenth Circuit · May 10, 2021

And because it is clearly established in this circuit that an officer may not employ deadly force against a person who poses no threat, Reeves is not entitled to qualified immunity at this stage of the proceedings. … Reeves asserted the defense of qualified immunity, arguing that Ms.

Barton v. Curtis

Court of Appeals for the Third Circuit · Jul 30, 2007

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 would have known … The parties do not dispute that this right is clearly established.

Shawanna Nelson v. Larry Norris

Court of Appeals for the Eighth Circuit · Oct 2, 2009

Because I believe the “clearly established” prong of the qualified immunity analysis is patently dispositive in this case, I shall primarily address and rely upon that prong. … established prong of the qualified immunity analysis.

Vance v. Union Planters Corp.

209 F.3d 438 · Court of Appeals for the Fifth Circuit · Apr 25, 2000

This evidence does not, but need not, establish Q. All right, sir. that Vance was “clearly better qualified.” Rath- er, her circumstantial evidence, with the direct A. 1990, I think it was. … Evidence of prior acts may clearly be used continuing pattern of discrimination by Miami to establish the existence of a pattern or scheme. (continued...)

Richard Wertish v. Norman D. Krueger, in His Individual Capacity

433 F.3d 1062 · Court of Appeals for the Eighth Circuit · Jan 9, 2006

Qualified immunity shields police officers from liability for civil damages where “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … “If no constitutional right would have been violated were the allegations established, there is no necessity for further inquiries concerning qualified immunity.” Saucier v.

Todd E. Prater v. John Dahm

Court of Appeals for the Eighth Circuit · Jul 17, 1996

They argue that their actions did not violate Prater's clearly established constitutional right to protection from inmate attacks, and thus that they are entitled to qualified immunity. II. … As our cases further establish, however, the question of qualified immunity requires more than a determination that a particular right is "clearly established" in the abstract. See Anderson v.

Allen Bloodworth, II v. Kansas City Board of Police Commissioners

89 F.4th 614 · Court of Appeals for the Eighth Circuit · Dec 22, 2023

-11- Qualified immunity insulates government officials from liability “unless (1) the evidence, viewed in the light most favorable to [Bloodworth], establishes a violation of a constitutional … Thus, a constitutional violation has not been established.” Bloodworth, 2022 WL 17588490, at *8. This was clearly correct.

James W. Mensh, Bennie P. Mensh v. R.A. Dyer, M.G. Tsoleas, Jr., C.M. Chidester, Jr., and Ted Banholzer, Gerald C. Fayed

956 F.2d 36 · Court of Appeals for the Fourth Circuit · Jan 13, 1992

The district court dismissed the claim against Federal Agent Banholzer, but denied the state defendants’ motion for summary judgment, holding that they had failed to establish their claim of qualified immunity. … The state police officers are entitled to summary judgment on the ground of qualified immunity if they can establish that reasonable officers could have believed that their actions were lawful in light of both clearly established

Douglas McClish v. Richard B. Nugent

483 F.3d 1231 · Court of Appeals for the Eleventh Circuit · Apr 11, 2007

An official seeking qualified immunity must initially establish that he was acting within his discretionary authority. … established as to justify stripping him of qualified immunity.

Jeffrey J. Sullivan v. Jon Bornemann and Ed Whealon

384 F.3d 372 · Court of Appeals for the Seventh Circuit · Sep 14, 2004

“[T]he first inquiry must be whether a constitutional right would have been violated on the facts alleged; second, assuming the violation is established, the question whether the right was clearly established must be considered … , or if the officers were entitled to qualified immunity.

Ryan Franke v. Kenny Janes

Court of Appeals for the Sixth Circuit · Mar 2, 2026

Qualified immunity protects government officials from suits for damages unless a plaintiff shows “(1) that the official violated a statutory or constitutional right, and (2) that the right was ‘clearly established’ at the … Clearly Established Janes did not address the clearly established prong below (other than with general statements of case law), and now on appeal he says Franke’s rights were clearly established.

Bills v. Aseltine

52 F.3d 596 · Court of Appeals for the Sixth Circuit · Apr 26, 1995

The court noted that government officials are entitled to qualified immunity while performing discretionary functions so long as their actions do not violate clearly established rights of which any reasonable official would … action is a violation) violates a clearly established right.