Case law

Vondrak v. City of Las Cruces

535 F.3d 1198 · Court of Appeals for the Tenth Circuit · Aug 5, 2008

We have held that, for a right to be clearly established, “there must be a Supreme Court or Tenth Circuit decision on point, or the clearly established weight of authority from other courts must have found the law to be as … right that was allegedly violated was ‘clearly established.’ ” Id.

Ben Kalka v. Kathleen Hawk,appellees

215 F.3d 90 · Court of Appeals for the D.C. Circuit · Jun 23, 2000

II A Qualified immunity shields officials from liability for damages so long as their actions were objectively reasonable, as measured in light of the legal rules that were “clearly established” at the time of their actions … B To repeat, qualified immunity shields these defendants from liability for civil damages if their actions were objectively reasonable, as measured in light of the legal rules that were “clearly established” at the time of

Ronald S. Biddle v. Amy J. Martin and Paul Lehmann

992 F.2d 673 · Court of Appeals for the Seventh Circuit · Apr 22, 1993

The court also found that because the arrest was reasonable, the officers violated no clearly established constitutional rights, and consequently were entitled to qualified immunity for their actions. … In this case, then, qualified immunity shields the defendant police officers from Biddle’s damage action if “a reasonable officer could have believed [Biddle’s arrest] to be lawful, in light of clearly established law and

Sanders v. Howze

177 F.3d 1245 · Court of Appeals for the Eleventh Circuit · Jun 14, 1999

Under the qualified immunity doctrine, government officials performing discretionary functions are immune not just from liability, but from suit, unless the conduct which is the basis for suit violates clearly established … To overcome the defendants’ qualified immunity, plaintiffs must establish that the defendants’ conduct violated a clearly established statutory or constitutional right of which

Victor George Bryant v. William R. Muth Gregg Robbins

994 F.2d 1082 · Court of Appeals for the Fourth Circuit · May 24, 1993

The district court held that Muth and Robbins were not entitled to qualified immunity and that, even though Bryant had no constitutional right to , possess the contraband disks, he did have a clearly established constitutional … Once the defendant raises, a qualified immunity defense, the plaintiff carries the burden of showing that the defendant’s alleged conduct violated the law and that such law was clearly established when the alleged violation

Collymore v. Commissioner of D.O.C.

74 F.4th 22 · Court of Appeals for the Second Circuit · Jul 14, 2023

But qualified immunity “shields public officials from liability for their discretionary 18 acts that do ‘not violate clearly established statutory or constitutional rights of which … The right to be free from such a condition is clearly established.

David Glen Meyers v. Contra Costa County Department of Social Services, Defendants

812 F.2d 1154 · Court of Appeals for the Ninth Circuit · Mar 16, 1987

Under the doctrine of qualified immunity, executive officers are shielded from liability where “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have … Haaland’s conduct on October 23, which indisputably involved no physical interference with parental custody, cannot be said to have violated clearly established statutory or constitutional rights.

Wachtler v. County of Herkimer

35 F.3d 77 · Court of Appeals for the Second Circuit · Sep 9, 1994

We have held that the Fourth Amendment proscription of strip-searches of misdemean- or arrestees without reasonable suspicion is clearly enough established to preclude the defense of qualified immunity. … Thus, the individual defendants involved in the strip-search are entitled to qualified immunity. 2 Herkimer County, however, does not have qualified immunity, Owen v.

Jamel Walker v. James H. Gomez Kingston W. Prunty R.R. Rath, Correctional Sergeant

370 F.3d 969 · Court of Appeals for the Ninth Circuit · Jun 7, 2004

Defendants also assert that they are entitled to qualified immunity. 6 Under Saucier v. … Katz, 533 U.S. 194 , 121 S.Ct. 2151 , 150 L.Ed.2d 272 (2001), we undertake a two-step inquiry in determining whether qualified immunity applies.

Andres M. Martinez v. G.D. Stanford W. Owen M. Atkinson D. Rockholt J. Stovall

323 F.3d 1178 · Court of Appeals for the Ninth Circuit · Mar 26, 2003

Martinez’s attorney declares that she assumed that the officers’ motion would be denied because Saucier did not establish the officers’ qualified immunity as a matter of law. … The district court correctly stated the two-part test for qualified immunity announced in Saucier v.

Sherelle Thomas v. City of Harrisburg

88 F.4th 275 · Court of Appeals for the Third Circuit · Dec 6, 2023

The court rejected the Officers’ claims of qualified immunity because it found that Sherelle Thomas alleged sufficient facts to state her claims and both rights were clearly established at the time of the violations. … Clearly Established Right However, before the Officers can be denied qualified immunity from being sued for deliberate indifference to a serious medical need, the constitutional right violated must be clearly established

Mason ex rel. Marson v. Vasquez

5 F.3d 1226 · Court of Appeals for the Ninth Circuit · Oct 6, 1993

In so doing, the court placed more weight oh the deficiencies in Attorney Marson’s proof establishing ineompetency than on the government’s proof establishing competency.

Williams v. Bitner

455 F.3d 186 · Court of Appeals for the Third Circuit · Jul 25, 2006

We are asked to determine whether, for the purposes of qualified immunity, the conduct alleged by Williams constituted a violation of his "clearly established" rights. … Long, 72 F.3d 70, 72-74 (8th Cir.1995) (denying qualified immunity because Muslim inmates had a clearly established right not to be forced to handle pork); Kenner v.

Renay Hunter v. The District of Columbia

943 F.2d 69 · Court of Appeals for the D.C. Circuit · Aug 30, 1991

clearly established at the time of the alleged beating in 1986. … Because Hunter’s complaint alleges conduct coming between Norris and Martin , his claim is subject to the officer’s substantively distinct qualified immunity defense that arises from the change in the “clearly established

Rex Chappell v. R. Mandeville

706 F.3d 1052 · Court of Appeals for the Ninth Circuit · Jan 31, 2013

We hold that both Mandeville and Rosario are entitled to qualified immunity because the law at the time Chappell was on contraband watch did not clearly establish that their actions were unconstitutional. … Whether qualified immunity applies thus “turns on the objective legal reasonableness of the action, assessed in light of the legal rules that were clearly established at the time it was taken.” Messerschmidt v.

Manganiello v. City of New York

612 F.3d 149 · Court of Appeals for the Second Circuit · Jul 23, 2010

Only the third aspect of the qualified immunity doctrine was genuinely at issue in the present case, for “[fjreedom from malicious prosecution is a constitutional right that has long been clearly established.” Kinzer v. … Although a mere mistake in the performance of an official duty may not deprive the officer of qualified immunity, the doctrine does not shield performance that either (a) was in violation of clearly established law, or (b

Hammond v. Kunard

148 F.3d 692 · Court of Appeals for the Seventh Circuit · Jun 11, 1998

Qualified Immunity The appellants next argue that them actions are protected by qualified immunity. … The doctrine of qualified immunity generally shields officials who perform discretionary functions from liability for civil damages “insofar as their conduct does not violate clearly established statutory or constitutional

George Rakovich v. Gregory Wade and Darryl Drake, George Rakovich v. Chester Kass

850 F.2d 1180 · Court of Appeals for the Seventh Circuit · Jul 14, 1988

The parameters of the argument were clearly set: does a police officer in this situation enjoy a qualified immunity? … Nuclear Regulatory Commissioners, 747 F.2d 139, 148 (3d Cir.1984) (no qualified immunity if the defendant violated “a clearly established and well litigated general proposition in which the case at hand merely presents a

Richard Harrold v. Lewis Hagen

Court of Appeals for the Fourth Circuit · Apr 28, 2026

Officer Hagen invoked qualified immunity. The district court held that Officer Hagen was entitled to qualified immunity—because the relevant right was not clearly established— and dismissed the suit. … We determine whether an officer receives qualified immunity by asking two questions: (1) whether the officer violated a constitutional right, and (2) whether that right was clearly established.

Qaid Rafeeq Azeez and Abdullah Muhammad v. James W. Fairman, Warden, John E. Wright, Asst. Warden, and A. Dodge, 120 (c.o.)

795 F.2d 1296 · Court of Appeals for the Seventh Circuit · Jun 30, 1986

The only question is whether they violated any clearly established federal constitutional right. … The words “clearly established ... constitutional rights” may not be used to read the defense of immunity out of federal tort law by the facile expedient of stating constitutional rights in the most general possible terms