Case law

Anthony v. City of New York

339 F.3d 129 · Court of Appeals for the Second Circuit · Aug 8, 2003

We have explained that “[e]ven where the plaintiffs federal rights and the scope of the official’s permissible conduct are clearly established, the qualified immunity defense protects a government actor if it was ‘objectively … Okst, 101 F.3d 845, 857 (2d Cir.1996) (“[P]ublic officials are entitled to qualified *138 immunity if (1) their conduct does not violate clearly established constitutional rights, or (2) it was objectively reasonable for

Janet Feliciano v. City of Miami Beach

Court of Appeals for the Eleventh Circuit · Feb 5, 2013

The district court denied the defendant officers qualified immunity on the claim, reasoning that although their initial entry did not violate Feliciano’s clearly established Fourth Amendment rights, they plainly exceeded … The district court rejected the officers’ claims for qualified immunity, but solely on the ground that the scope of their search, particularly of the underwear drawer and kitchen pantry, violated Feliciano’s clearly established

Rachel Scanlon v. County of Los Angeles

92 F.4th 781 · Court of Appeals for the Ninth Circuit · Feb 2, 2024

We also observe that the defendants are not entitled to qualified immunity. The right to be free from judicial deception was clearly established prior to 2016 and so before the events of this case. … Nonetheless, we concluded that this right had not been clearly established at the time of Camreta’s investigation and so granted qualified immunity to him and the deputy. Id. at 1033.

Craft v. Wipf

810 F.2d 170 · Court of Appeals for the Eighth Circuit · Jan 26, 1987

As noted above, the District Court did not address the qualified immunity question, although it clearly was raised in defendants' answer and in their motion for summary judgment. 4 In Mitchell v. … The Mitchell opinion stressed that qualified immunity is immunity from suit, not merely immunity from liability; it includes the right to avoid pretrial discovery. 105 S.Ct. at 2815-16 .

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.

Henry Szabla v. City of Brooklyn Pk.

429 F.3d 1168 · Court of Appeals for the Eighth Circuit · Dec 1, 2005

Szabla’s clearly established right. … In Kuha , we held that the officers were entitled to qualified immunity because it was not clearly established at the time of their action, September 22, 1999 or indeed until Kuha itself was decided in 2003, 2 that it was

Galen v. County of Los Angeles

477 F.3d 652 · Court of Appeals for the Ninth Circuit · Jan 18, 2007

Qualified Immunity Sergeant Barrier and Deputy Heinrich’s assertion of quali- fied immunity requires us to answer two questions: First, do the facts alleged show that Sergeant Barrier and Deputy Hein- rich’s conduct violated … Because the law regarding excessive bail and peace officers’ liability for recommending bail enhancements was not clearly established, Sergeant Barrier and Deputy Heinrich are entitled to qualified immunity.

Sisneros v. Nix

95 F.3d 749 · Court of Appeals for the Eighth Circuit · Sep 13, 1996

Defendants are entitled to qualified immunity from any damage claim if they “demonstrate ‘the objective legal reasonableness of the[ir] action assessed in light of the legal rules that were clearly established at the time … The district court denied defendants qualified immunity, an issue we review de novo. See Moorman v. Thalacker, 83 F.3d 970 , 972 (8th Cir.1996).

Swint v. City Of Wadley

11 F.3d 1030 · Court of Appeals for the Eleventh Circuit · Jan 18, 1994

established. … the defense of qualified immunity as to plaintiffs' due process claims, but not as to the Fourth Amendment claims.

Jeremy Jones v. David Ceinski, Jr.

136 F.4th 1057 · Court of Appeals for the Eleventh Circuit · May 8, 2025

The magistrate judge granted Ceinski’s motion for summary judgment based on qualified immunity. … Jones’s Right Was Clearly Established. Jones must also show that his right was clearly established at the time of the alleged violation. Helm v.

Swain v. Spinney

117 F.3d 1 · Court of Appeals for the First Circuit · Jun 26, 1997

Qualified Immunity Defendants assert that they are, in any event, entitled to qualified immunity from suit. … There are two prongs to the qualified immunity analysis. First, was the constitutional right in question clearly established at the time of the alleged violation? St. Hilaire v.

Gerald Napouk v. Lvmpd

Court of Appeals for the Ninth Circuit · Dec 10, 2024

Accordingly, the officers’ conduct did not violate the Fourth Amendment, but even if it did, they would still be entitled to qualified immunity because they did not violate clearly established law. … LVMPD 25 qualified immunity because they did not violate clearly established law.

Estate of Susanne Burgaz v. Board of County Commissioners

30 F.4th 1181 · Court of Appeals for the Tenth Circuit · Apr 14, 2022

The deputies assert qualified immunity, arguing they did not violate a clearly established constitutional right. See Lindsey v. Hyler, 918 F.3d 1109, 1113 (10th Cir. 2019). … On prong two, I would remand for the district court to decide whether the alleged violation is one of clearly established law.

Chavez-Rodriguez v. City of Santa Fe

596 F.3d 708 · Court of Appeals for the Tenth Circuit · Feb 18, 2010

The court also determined it was clearly established that retaliating against a public employee for protected speech is unconstitutional. Consequently, the motion was denied. … Defendants filed this appeal seeking review of the district court’s denial of qualified immunity.

Price v. Akaka

3 F.3d 1220 · Court of Appeals for the Ninth Circuit · Nov 2, 1993

Qualified Immunity 27 As the Supreme Court stated in Harlow v. … 31 First of all, an Attorney General's opinion cannot by itself establish "clearly established law."

Peter Akemann v. Patrick J. Quinn

793 F.3d 803 · Court of Appeals for the Seventh Circuit · Jul 20, 2015

Qualified Immunity  “Qualified  immunity  shields  government  officials  from  civil damages liability unless the official violated a statutory  or constitutional right that was clearly established at the time  of  … De‐ fendants are entitled to qualified immunity.  The district courts’ judgments are AFFIRMED.

Burchett v. Kiefer

310 F.3d 937 · Court of Appeals for the Sixth Circuit · Nov 19, 2002

The right to be free from “excessively forceful handcuffing” is a clearly established right for qualified immunity purposes, Kostrzewa v. … Pelzer, this right was clearly established for qualified immunity purposes.

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.

Bruce v. Ylst

351 F.3d 1283 · Court of Appeals for the Ninth Circuit · Dec 10, 2003

We hold that as to the retaliation claim, defendants are not entitled to qualified immunity. 32 "Government officials enjoy qualified immunity from civil damages unless their conduct violates `clearly established statutory … As this court pointed out in Pratt, "the prohibition against retaliatory punishment is `clearly established law' in the Ninth Circuit, for qualified immunity purposes." 65 F.3d at 806 (citing Schroeder v.

Burnham v. Ianni

98 F.3d 1007 · Court of Appeals for the Eighth Circuit · Dec 4, 1996

Forsyth, 472 U.S. 511, 530 , 105 S.Ct. 2806, 2817-18 , 86 L.Ed.2d 411 (1985) (interlocutory appellate jurisdiction exists where qualified immunity issue involves application of "clearly established" law to a given set of … , cannot be "clearly established." 89 Kincade, 64 F.3d at 398-99 .