Case law

O'Neal v. Mississippi Board of Nursing

113 F.3d 62 · Court of Appeals for the Fifth Circuit · May 29, 1997

Discussion The Supreme Court has recognized two kinds of immunity under a § 1983 claim: "qualified immunity" and "absolute immunity." … Under "qualified immunity," government officials are not subject to liability for the performance of their discretionary actions unless their conduct violates clearly 1 In light of plaintiffs' concessions and the

Gilles v. Repicky

Court of Appeals for the Second Circuit · Dec 21, 2007

Qualified Immunity Qualified immunity protects officials from liability for civil damages as long as “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … Repicky’s Entitlement to Qualified Immunity Nevertheless, Repicky is entitled to qualified immunity if his conduct did not violate a clearly established constitutional right, or if it was objectively reasonable for

Jefferson v. Moore

Court of Appeals for the Tenth Circuit · Jun 8, 2026

unless and until after the qualified immunity question is decided.” … In Siegert the Supreme Court focused on one specific issue—whether qualified immunity was appropriate because of the absence of any clearly established law prohibiting the alleged misconduct of the officers. See id.

Terenzio v. Urena

Court of Appeals for the First Circuit · Dec 18, 2025

allege a violation of clearly established law. … As a result, the District Court concluded, the claims necessarily "fail[ed] on both prongs of the qualified immunity analysis."

Ablordeppey v. Walsh

Court of Appeals for the First Circuit · Oct 25, 2023

The district court further held that, even assuming that Appellant had established viable substantive due process claims, Appellees were nonetheless entitled to qualified immunity given the lack of clearly established … Under the doctrine of qualified immunity, government officials are immune from civil liability "so long as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person

Abreu-Guzman v. Ford

241 F.3d 69 · Court of Appeals for the First Circuit · Feb 28, 2001

Second, the court must "proceed to determine whether that right -7- was clearly established at the time of the alleged violation." Id. … Defendants, therefore, are entitled to qualified immunity as a matter of law on plaintiffs' Bivens claim.4 B.

Causey v. Bay City

Court of Appeals for the Sixth Circuit · Mar 29, 2006

, and (2) whether that right was clearly established.”2 Id. … Thus, the officers violated the plaintiffs’ clearly established Fourth Amendment rights by proceeding without a warrant and are not entitled to qualified immunity. Accordingly, I respectfully dissent.

Wallace v. Texas Tech Univ.

80 F.3d 1042 · Court of Appeals for the Fifth Circuit · Apr 9, 1996

immunity because a right to coach-player association as claimed by Wallace was not clearly established at the time of Dickey’s instructions. … F.2d at 1025-26 (discussing qualified immunity).

Brown v. City of Myrtle Beach

278 F.3d 362 · Court of Appeals for the Fourth Circuit · Jan 23, 2002

The district court denied the officers’ motion for summary judgment based on qualified immunity. … Because, "[i]f no constitutional right would have been vio- lated were the allegations established, there is no necessity for further inquires concerning qualified immunity." Id.

Suzanne Wooten v. John Roach, Sr.

964 F.3d 395 · Court of Appeals for the Fifth Circuit · Jul 6, 2020

, 1 noting that “conclusively establishing official immunity at this stage in the litigation [would] be difficult based on the allegations of this case.” … In addition to the issue of prosecutorial immunity, Defendants urge us to consider qualified and official immunity.

James Campbell and Lois Campbell, as Co-Administrators for the Estate of Ronald J. Campbell, Deceased v. Colin F. White

916 F.2d 421 · Court of Appeals for the Seventh Circuit · Oct 24, 1990

established” constitutional right; and that as a police officer acting within the scope of his employment he had a qualified immunity from suit. … established, sufficiently particularized” constitutional right; and that he was entitled to assert the defense of qualified immunity.

Ricardo Salazar-Limon v. City of Houston

Court of Appeals for the Fifth Circuit · Jun 15, 2016

“In order to overcome a qualified immunity defense, a plaintiff must allege a violation of a constitutional right, and then must show that ‘the right was clearly established . . . in light of the specific context of the case … of which was clearly unreasonable.”

Macias v. Raul A. (Unknown), Badge No. 153

23 F.3d 94 · Court of Appeals for the Fifth Circuit · Jun 16, 1994

Macias maintains that the police officers cannot assert qualified immunity as to the claimed illegal search. … “Whether a government official is entitled to qualified immunity generally turns on the objective reasonableness of the action assessed in light of the legal rules that were clearly established at the time it was taken.”

Bizzarro v. Miranda

394 F.3d 82 · Court of Appeals for the Second Circuit · Jan 7, 2005

Qualified Immunity and Appellate Jurisdiction. … Public officials are entitled to immunity from civil liability “if their actions *86 were objectively reasonable, as evaluated in the context of legal rules that were ‘clearly established’ at the time.” Poe v.

Cynthia Myers v. Karen Hasara and Gail Danner

226 F.3d 821 · Court of Appeals for the Seventh Circuit · Oct 17, 2000

qualified immunity was not justified. … to the injury were clearly established at the time.

Edwin C. West v. Kurt Schwebke

333 F.3d 745 · Court of Appeals for the Seventh Circuit · Jun 20, 2003

Defendants now pursue an interlocutory appeal, arguing that qualified immunity entitles them to an immediate end to what is left of the litigation. See Behrens v. … Qualified immunity is available unless the rules of law on which plaintiffs rely are so clearly established that a reasonable state actor is bound to understand *749 how they apply to the situation at hand.

Lyles v. US Postal Service

79 F.3d 372 · Court of Appeals for the Fourth Circuit · Mar 19, 1996

that neither of those claims allege violations of rights that were clearly established at the time of Krautheim's and Green's alleged conduct. … law that was "clearly established" at the time the alleged conduct occurred.

Carol Stavropoulos v. Evan Firestone

361 F.3d 610 · Court of Appeals for the Eleventh Circuit · Feb 25, 2004

If we find that the officer’s conduct violated a constitutional right, we must ask whether the right was clearly established. Id. … If we find that the conduct did not violate a constitutional right, or that the right was not clearly established, then the officer is shielded from suit by qualified immunity. Id.

Vieira v. Presley

988 F.2d 850 · Court of Appeals for the Eighth Circuit · Mar 17, 1993

The district court 1 ruled that the officials were entitled to qualified immunity. We affirm. … To be entitled to qualified immunity, an official’s conduct must be objectively reasonable with reference to clearly established law. Davis v. Scherer, 468 U.S. 183, 191 , 104 S.Ct. 3012, 3017 , 82 L.Ed.2d 139 (1984).

Johnson v. City of Fort Lauderdale

126 F.3d 1372 · Court of Appeals for the Eleventh Circuit · Nov 5, 1997

of clearly established law on the part of each defendant.2 Turning from this aside, we now state the facts. … established at the relevant times.