Case law

Estate of Bing Ex Rel. Bing v. City of Whitehall

456 F.3d 555 · Court of Appeals for the Sixth Circuit · Aug 1, 2006

clearly established must be considered on a more specific level.” … Bing’s right not to endure a second flashbang device in these circumstances, however, was not “clearly established.” The Supreme Court has not clearly established such a right, nor has this court or other circuits.

Susan Norris v. Jacquita Engles

Court of Appeals for the Eighth Circuit · Aug 9, 2007

“If so, then we determine whether the constitutional right was clearly established at the time.” Id. “If either question is answered in the negative, the public official is entitled to qualified immunity.” … right to due process was clearly established for purposes of qualified immunity.

Corey Hughes v. Michael Rodriguez

31 F.4th 1211 · Court of Appeals for the Ninth Circuit · Apr 21, 2022

The panel further held that Officer Michael Rodriguez was not entitled to qualified immunity under § 1983 as to the claimed post-handcuff beating and dog-biting because it was clearly established law that beating a handcuffed … Qualified Immunity Qualified immunity is proper unless the plaintiff can establish that “the [officers’] specific conduct violated clearly established federal law.” Sharp v.

Moore v. Lamarque

242 F. App'x 458 · Court of Appeals for the Ninth Circuit · Jul 3, 2007

The purpose of the qualified immunity rule is to protect from suit government officials who make reasonable mistakes in the course of duty. … Whether a right is clearly established must be undertaken in light of the specific context of the case, rather than as a broad general proposition. Id. at 201, 121 S.Ct. 2151 .

Joseph Ferguson v. Ryan McDonough

13 F.4th 574 · Court of Appeals for the Seventh Circuit · Sep 8, 2021

Ct. 577, 590 (2018) (“The ‘clearly established’ standard also requires that the legal principle clearly prohibit the officer’s conduct in the particular circumstances before him.”); Gant, 924 F.3d at 451 (“Officer Hartman … claims that he is entitled to qualified immunity because his ac- tions did not violate Gant’s constitutional rights and, even if they did, those rights were not clearly established on or before August 23, 2015.

Skoly v. McKee

103 F.4th 74 · Court of Appeals for the First Circuit · May 31, 2024

The district court correctly found that, regardless, the Governor would be entitled to qualified immunity because Skoly had no clearly established right to continue to practice while violating the vaccine mandate. … Rivera-Sánchez, 715 F.3d 1, 10 (1st Cir. 2013) ("[T]he appellant's claim falters on the 'clearly established' prong of the qualified immunity test.

Theodore Bolick v. Joel Anderson

Court of Appeals for the Fourth Circuit · Mar 13, 2026

to qualified immunity. … The official invoking qualified immunity bears the burden to show that the right was not clearly established. Henry v. Purnell, 501 F.3d 374, 378 & n.4 (4th Cir. 2007).

Golino v. City of New Haven

950 F.2d 864 · Court of Appeals for the Second Circuit · Dec 3, 1991

The Merits of the Qualified Immunity Defense 19 The qualified or "good faith" immunity enjoyed by police officers shields them from personal liability for damages "insofar as their conduct does not violate clearly established … The right not to be arrested or prosecuted without probable cause has, of course, long been a clearly established constitutional right.

Taft v. Vines

83 F.3d 681 · Court of Appeals for the Fourth Circuit · May 14, 1996

Rather, the question is whether, confronted with the facts of this case, reasonable police officers should have known that clearly established constitutional law prohibited the methods used in the search. … Accordingly, the officers were entitled to summary judgment on the basis of qualified immunity on the excessive force claims.

Carl Nelson v. George Jashurek, Patrolman

109 F.3d 142 · Court of Appeals for the Third Circuit · Mar 18, 1997

immunity. … Of course, Jashurek is free to renew his motion for summary judgment on the basis of qualified immunity in the proceedings on the remand in the district court. III.

Western Air Lines, Inc. v. Criswell

472 U.S. 400 · Supreme Court of the United States · Jun 17, 1985

The Court of Appeals found that this finding of fact was not “clearly erroneous,” and affirmed the District Court’s judgment for the bus company on the BFOQ defense. Id., at 238 . … In this case, the evidence clearly established that the FA A, Western, and other airlines all recognized that the qualifications for a flight engineer were less rigorous than those required for a pilot. 28 *419 In the absence

Townes v. City Of New York

176 F.3d 138 · Court of Appeals for the Second Circuit · May 6, 1999

immunity motion was denied on the ground that Townes had a clearly established right to be free from an unreasonable stop of the taxicab in which he was a passenger. … We have jurisdiction over the order denying qualified immunity, see Golino v.

Adkins v. Board Of Education Of Magoffin County

982 F.2d 952 · Court of Appeals for the Sixth Circuit · Jan 5, 1993

She also contends that this right of association was clearly established in 1988, thus defeating Whitaker's claim of qualified immunity. … Once the Supreme Court has proclaimed the existence of a constitutional right, that right is "clearly established" for purpose of deciding a claim of qualified immunity. 28 The Supreme Court identified the constitutional

Ford v. Anderson County

90 F.4th 736 · Court of Appeals for the Fifth Circuit · Jan 8, 2024

purposes of qualified immunity. … This court’s unpublished opinions cannot clearly establish the law for the purposes of qualified immunity, but they nevertheless may “aptly illustrate[] the established right.” Cooper v.

Leggett v. Ocwr

Court of Appeals for the Federal Circuit · Feb 2, 2023

Dist., 323 F.3d 1185, 1194 (9th Cir. 2003) (holding that qualifications evidence may establish pretext where the plaintiff’s qualifications are “clearly superior” to those of the selectee). … Leggett was “significantly” or “clearly” more qualified than the se- lectee. Like Ms. Leggett, the selectee also had a master’s in Library and Information Sciences.

LeSueur-Richmond Slate Corp. v. Fehrer

666 F.3d 261 · Court of Appeals for the Fourth Circuit · Jan 13, 2012

When qualified immunity is asserted, the reviewing court should usually first ask whether the right was violated on the facts alleged, and then determine whether that right was “clearly established.” … Finally, we address qualified immunity.

Pinder v. Johnson

33 F.3d 368 · Court of Appeals for the Fourth Circuit · Aug 29, 1994

Immunity may thus be established either on the basis that the right allegedly violated was not at the time one “clearly established,” or that, though “clearly established,” it was one that a “reasonable” person in the officer … “clearly established.”

Berman Enterprises, Inc. v. Jorling

3 F.3d 602 · Court of Appeals for the Second Circuit · Aug 24, 1993

When Jorling and Marsh acted, the law governing their conduct was not "clearly established"; therefore, both defendants are entitled to qualified immunity from the claims against them in their individual capacities. 29 The … . 32 Marsh is more clearly entitled to qualified immunity than Jorling, for his actions followed a more clearly defined statutory path.

Richard Rheaume v. The Texas Department of Public Safety

666 F.2d 925 · Court of Appeals for the Fifth Circuit · Feb 1, 1982

his constitutional and state claims, did not address Saffell’s qualified immunity claim. … The fulcrum ... is the existence, at the time of the official’s action, of clearly established judicial decisions that make his action unconstitutional. 651 F.2d at 1121 .

Harbury v. Deutch

233 F.3d 596 · Court of Appeals for the D.C. Circuit · Dec 12, 2000

immunity because the scope of the alleged right was not clearly established. … For purposes of qualified immunity, it is not enough for a plaintiff to allege that a defendant’s conduct violated a right that is clearly established in general terms.