Case law

Deanna Jo Shea v. Karla L. Smith, Scott Baker, Robert Rumgay

966 F.2d 127 · Court of Appeals for the Third Circuit · Jun 11, 1992

Conversely, if the law was clearly established, the immunity defense fails because a reasonable public official should have known the law governing his conduct. Id. … The defendants acted within the contours of the law as it existed at that time, are entitled to qualified immunity, and summary judgment was properly granted them. *134 Because “[qualified immunity covers civil liability

Meeker v. Edmundson

415 F.3d 317 · Court of Appeals for the Fourth Circuit · Jul 13, 2005

Moreover, the district court refused to dismiss this claim against Coach Edmundson on the basis of qualified immunity, reasoning that "at the time of the alleged incidents, it was clearly established that a state actor could … Only if a plaintiff alleges the violation of a clearly established constitutional right does his complaint survive a motion to dismiss on qualified immunity grounds.

Larry Yowell v. Jerry P. Combs, etc.

Court of Appeals for the Eighth Circuit · Jul 17, 1996

On appeal, Yowell contends the officials are not entitled to qualified immunity because his right to continued employment with the Department was so clearly established at the time of his demotion that the officials must … Qualified immunity shields government officials from suit unless their conduct violated a clearly established constitutional or statutory right of which a reasonable person would have known.3 Harlow

Robles v. Prince George's County, Maryland

302 F.3d 262 · Court of Appeals for the Fourth Circuit · Aug 26, 2002

Even though the officers’ actions deprived Robles of an actual constitutional right, Rozar and DeBarros may still be entitled to qualified immunity if that right was not clearly established at the time of the incident. … Police officers performing discretionary acts “generally are granted a qualified immunity and are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional

Larry Roberts v. David Lau

90 F.4th 618 · Court of Appeals for the Third Circuit · Jan 11, 2024

Even after that determination, . . . a prosecutor may engage in ‘police investigative work’ that is entitled to only qualified immunity.” Buckley, 509 U.S. at 274 n.5. … Even after that determination . . ., a prosecutor may engage in ‘police investigative work’ that is entitled to only qualified immunity.” 509 U.S. at 274 n.5.

Eleanore Kue v. Samnuel North

Court of Appeals for the Sixth Circuit · Jul 25, 2024

So “if the complaint fails to allege facts plausibly showing the violation of a constitutional right (regardless of whether that right was clearly established), granting qualified immunity is appropriate on the pleadings … ,” and the “assertion of qualified immunity, by itself, does not change that.”

Green v. Carlson

826 F.2d 647 · Court of Appeals for the Seventh Circuit · Aug 13, 1987

A. 4 Under the doctrine of qualified immunity, government officials performing discretionary functions are shielded from liability for civil damages unless their conduct violated "clearly established statutory or constitutional … If the undisputed facts, so read, show that the defendant's conduct, as a matter of law, violated no clearly established legal norms, then the district court must grant the defendant qualified immunity.

Laura Castro v. Michael Freeman

742 F.3d 595 · Court of Appeals for the Fifth Circuit · Jan 31, 2014

Before addressing qualified immunity, we decide the threshold question whether the Fourth Amendment applies to these detainees. … "Unless the plaintiff's allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery.” Mitchell v.

Bernhard v. City of Ontario

270 F. App'x 518 · Court of Appeals for the Ninth Circuit · Mar 13, 2008

If we find that the officer violated a constitutional right, we next consider whether that right was clearly established at the time the alleged violation occurred. … established in 1996.

Disraeli v. Rotunda

489 F.3d 628 · Court of Appeals for the Fifth Circuit · Jun 13, 2007

This is because Rotunda, like the other two defendants, asserted a defense of qualified immunity in the alternative to absolute immunity. … Lyford, 243 F.3d 185, 191 (5th Cir. 2001) (awarding a defendant qualified immunity though the district court granted him absolute immunity and thus did not address qualified immunity). E.

Scott v. City of Mandeville

69 F.4th 249 · Court of Appeals for the Fifth Circuit · May 23, 2023

“‘A good-faith assertion of qualified immunity alters the usual summary judgment burden of proof,’ shifting it to the plaintiff to show that the defense is not available.” 8 “The qualified immunity inquiry includes … Clifton, 29 F.3d 1012, 1016 (5th Cir. 1994) (“The right to be free from arrest without probable cause is a clearly established constitutional right.”); see also Davidson v.

District of Columbia v. Wesby

583 U.S. 48 · Supreme Court of the United States · Jan 22, 2018

immunity under §1983 unless (1) they violated a federal statutory or constitutional right, and (2) the unlawfulness of their conduct was “clearly established at the time.” … authority for purposes of qualified immunity.

Tracy v. Freshwater

623 F.3d 90 · Court of Appeals for the Second Circuit · Oct 14, 2010

“Under the doctrine of qualified immunity, ‘government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory … immunity inquiry – i.e., that the constitutional right in question was not “clearly established” at the time of the violation – Freshwater makes no such argument before this Court, and, accordingly, we do not consider the

James E. Miller, Jr. v. Arthur L. Jones, Police Chief

444 F.3d 929 · Court of Appeals for the Seventh Circuit · Apr 17, 2006

He argued there were no material facts in dispute and that he was entitled to qualified immunity as a matter of law. … To determine whether an official is entitled to qualified immunity we look to two issues.

Amy D. Adams v. Richard Yontz

73 F.3d 361 · Court of Appeals for the Sixth Circuit · Jan 5, 1996

Fitzgerald, 457 U.S. 800, 818 (1981). 9 Once a Sec. 1983 defendant has claimed qualified immunity, the plaintiff carries the ultimate burden of proving that the claimed right is clearly established so as to defeat the defendant's … qualified immunity claim.

Suarez Corporation Industries v. Mcgraw

125 F.3d 222 · Court of Appeals for the Fourth Circuit · Sep 11, 1997

entitled to claim qualified immunity under § 1983," In re Allen, 106 F.3d 582, 593 (4th Cir.1997), 2 McGraw and Rodd face considerable difficulty in establishing a claim to absolute immunity where the FAC explicitly alleges … immunity for acts clearly established to be beyond the scope of his authority.

Shelly Ioane v. Jean Noll

Court of Appeals for the Ninth Circuit · Sep 19, 2019

The second part of the qualified immunity test required a determination whether, at the time of Agent Noll’s actions in June 2006, the law was clearly established. … Clearly Established The second part of the qualified immunity test requires us to determine whether, at the time of Agent Noll’s actions in June 2006, the law was clearly established.

Patti Cahoo v. SAS Institute, Inc.

Court of Appeals for the Sixth Circuit · Jun 15, 2023

In a qualified immunity case like this one, that means the plaintiffs bear the burden of identifying record evidence showing a violation of their clearly established rights. DiLuzio v. … Page 37 violated the plaintiffs’ clearly established rights to due process, and she was not entitled to qualified immunity.

Lakey v. Bryant

Court of Appeals for the Tenth Circuit · Jul 7, 2026

The court concluded that Sheriff Bryant in his individual capacity was entitled to qualified immunity for the Mutual Aid Policy, noting that the Estate had failed to show maintaining the policy violated clearly established … In applying qualified immunity to claims of supervisory liability, it is not enough to demonstrate that the subordinate’s actions violated clearly established law. See Perry v.

Clyde Weiler v. James Purkett

Court of Appeals for the Eighth Circuit · Mar 2, 1998

DISCUSSION Qualified immunity shields government actors from suit when, "a reasonable officer could have believed [the challenged act] to be lawful, in light of clearly established law and the information the … Contours of the Right as "Clearly Established" Normally, a determination that the plaintiff has failed to allege a violation of a constitutional right ends the qualified immunity inquiry. See, e.g., Thomas v.