Case law

Figg v. Schroeder

312 F.3d 625 · Court of Appeals for the Fourth Circuit · Dec 3, 2002

If the answer to that first question is "yes," however, then the next step is to ask whether the constitutional right was clearly established in the "‘specific context of the case’ — that is, [whether] it was ‘clear to a … Thus, our qualified immunity inquiry ends there.

Christopher Marino v. Ocwen Loan Servicing LLC

978 F.3d 669 · Court of Appeals for the Ninth Circuit · Oct 20, 2020

In Saucier, the Court employed a two-step approach to decide the qualified immunity issue, first deciding whether an official’s conduct violated a constitutional right and then whether that right was clearly established. … Saucier was dealing with what constitutional rights existed and were clearly established enough to deprive state actors of Qualified Immunity as a defense. Saucier, 533 U.S. at 197.

Whitesel v. Jefferson County

222 F.3d 861 · Court of Appeals for the Tenth Circuit · Aug 23, 2000

Whitesel, established a violation of clearly established federal rights. Thus, the court granted summary judgment in their favor as well. … “Ordinarily, in order for the law 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

Yeskey v. Commonwealth Of Pennsylvania Department Of Corrections

118 F.3d 168 · Court of Appeals for the Third Circuit · Jul 10, 1997

Murray, 57 F.3d 1340, 1344-46 (4th Cir.1995) (coverage of prisons by Section 504 and Title II not clearly established in qualified immunity context), cert. denied, 516 U.S. 1071 , 116 S.Ct. 772 , 133 L.Ed.2d 724 (1996); White … time of the events at issue, and that the individual defendants in that case therefore were entitled to 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.

John Louis Lalonde v. County of Riverside, Robert Moquin, and Jason Horton, Opinion

204 F.3d 947 · Court of Appeals for the Ninth Circuit · Feb 25, 2000

The defendants are entitled to qualified immunity, unless a reasonable officer would have known that the conduct at issue was unlawful under clearly established law. See Anderson v. … A reasonable officer would have known that such was the clearly established law. II.

Donovan v. Briggs

86 F. App'x 469 · Court of Appeals for the Second Circuit · Feb 4, 2004

Because we have concluded that defendants had probable cause to arrest and prosecute Donovan, we need not consider whether defendants were entitled to qualified immunity from suit. … Only if a violation is established is it appropriate to consider whether the right was "clearly established” or if the defendant’s actions were objectively reasonable. Id.; Harhay v.

Ross v. Neff

905 F.2d 1349 · Court of Appeals for the Tenth Circuit · Jun 4, 1990

the ‘objective legal reasonableness’ of the action ... assessed in light of the legal rules that were ‘clearly established’ at the time it was taken.” … At the time Ross was arrested, the law regarding the jurisdiction of local police officers on Indian Tribal Trust land in Oklahoma was not clearly established.

Michael Easley v. City of Riverside

Court of Appeals for the Ninth Circuit · Apr 3, 2019

An officer is entitled to qualified immunity if his conduct did not violate clearly established law. See Ashcroft v. al-Kidd, 563 U.S. 731, 735 (2011). … 2011 the Supreme Court has disagreed with us six times because we incorrectly determined that the law was clearly established in the qualified immunity context.

Cynthia D. Foy, Administratrix of the Estate of Terry A. Foy, Deceased v. City of Berea James H. Hinners M. Schultz Robert Surgenor Bruce Merwin

58 F.3d 227 · Court of Appeals for the Sixth Circuit · Jun 22, 1995

Nishiyama did not concern qualified immunity. The district court dismissed the section 1983 action for failure to state a claim upon which relief could be granted. … Qualified immunity protects “all but the plainly incompetent or those who knowingly violate the law.” Malley v. Briggs, 475 U.S. 335, 341 , 106 S.Ct. 1092, 1096 , 89 L.Ed.2d 271 (1986).

McMath v. City of Gary

976 F.2d 1026 · Court of Appeals for the Seventh Circuit · Sep 28, 1992

The defendants filed a motion to dismiss McMath’s amended complaint, and also raised the defense of qualified immunity. … As to qualified immunity, the defendants raised such a general defense in their motion to dismiss, but did not seek immunity under the Indiana statute.

Jeffery Lee Johnston v. City of Bloomington

170 F.3d 825 · Court of Appeals for the Eighth Circuit · Mar 12, 1999

We also agree that, at the time of the incident, it was clearly established law that a person had the right to be free from unreasonable seizures and excessive force. 1 Although the City purports to appeal … on its own behalf, only the issue of the officers' entitlement to qualified immunity is presented in its brief.

Heredia v. Roscoe

125 F.4th 34 · Court of Appeals for the First Circuit · Jan 6, 2025

the official has violated was clearly established at the time of the violation." … Thus, we focus the remainder of our qualified immunity analysis on the second prong: was the right to be free from an increased use of force, after the arrestee had submitted to arrest and put up his hands, clearly established

Meyer v. Fidelity Savings

944 F.2d 562 · Court of Appeals for the Ninth Circuit · Sep 13, 1991

The issue of qualified immunity should not have been submitted to the jury because Pattullo violated no clearly established law. See Schwartzman v. … Valenzuela, 846 F.2d 1209, 1211 (9th Cir.1988) (question of clearly established right is question of law). Thus, any error in the qualified immunity instruction was harmless. V.

Long v. City and County of Honolulu

511 F.3d 901 · Court of Appeals for the Ninth Circuit · Dec 21, 2007

The district court’s decision on qualified immunity is also reviewed de novo. Id. … Qualified Immunity The defense of qualified immunity “shields government officials performing discretionary functions from liability for civil damages ‘insofar as their conduct does not violate clearly established statutory

Ferraro v. City of Long Branch

23 F.3d 803 · Court of Appeals for the Third Circuit · May 10, 1994

The court then observed that it was "well established that government officials performing discretionary functions enjoy qualified immunity from civil damages when their conduct does not violate clearly established statutory … Fitzgerald, 457 U.S. 800 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982), as qualified immunity is predicated on objective standards. While Winn v.

Bizzarro v. Miranda

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

Qualified Immunity and Appellate Jurisdiction. 17 Public officials are entitled to immunity from civil liability "if their actions were objectively reasonable, as evaluated in the context of legal rules that were `clearly … We have jurisdiction to review the denial of a motion for summary judgment on the basis of qualified immunity if the defendant is entitled to immunity as a matter of law on the plaintiff's version of the facts.

Bates v. Hunt

3 F.3d 374 · Court of Appeals for the Eleventh Circuit · Sep 30, 1993

"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 the constitutional right in its most general possible terms … Sims, 972 F.2d at 1234-35 (illustrating kinds of fact issues immaterial to qualified immunity).

McElveen v. County of Prince William

725 F.2d 954 · Court of Appeals for the Fourth Circuit · Jan 26, 1984

The State claimed “good faith” or qualified immunity from such liability. A bifurcated jury trial was conducted on the issues of liability and damages. … In Scheuer , the Supreme Court outlined the scope of qualified immunity.

Roy Burns v. Edward Eaton

752 F.3d 1136 · Court of Appeals for the Eighth Circuit · May 23, 2014

Qualified immunity shields a government official from liability unless his conduct violates “clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … On this record, Eaton is entitled to qualified immunity for multiple reasons. B. Cpl. White.