Case law

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.

Chancy v. Bruno

679 F. App'x 864 · Court of Appeals for the Eleventh Circuit · Feb 13, 2017

to qualified immunity because he had arguable probable cause to arrest Chancy. … We need not review the district court’s reasoning with regard to qualified immunity.

Cintron v. Bibeault

Court of Appeals for the First Circuit · Aug 5, 2025

Qualified immunity shields state officials "from liability for - 14 - civil damages insofar as their conduct [did] not violate clearly established statutory or constitutional … For the purposes of qualified immunity, a right is clearly established when it is "sufficiently clear that every reasonable official would have understood that what he is doing 11 In so holding, we do not mean to

William Singfield v. Akron Metropolitan Housing Authority

389 F.3d 555 · Court of Appeals for the Sixth Circuit · Nov 10, 2004

In response, O’Leary claims qualified immunity, which affords government officials an immunity from suit “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … Thus, we must resolve two issues: 1) whether Sing-field suffered a deprivation of his clearly established constitutional rights; and 2) whether O’Leary acted in an objectively unreasonable manner in light of the clearly established

Maine v. Oklahoma Department

Court of Appeals for the Tenth Circuit · Sep 30, 1997

a constitutional violation, the defendants were entitled to qualified immunity because it was not clearly established in June 1993 that the alleged conduct would violate plaintiff’s substantive due process rights. … Thus, defendants are entitled to qualified immunity.

No. 90-1166

960 F.2d 1493 · Court of Appeals for the Tenth Circuit · May 11, 1992

to balance competing interests may make it more difficult to find the law "clearly established" when assessing claims of qualified immunity. … The availability of qualified immunity does not depend on whether a constitutional violation has occurred.

United States v. Burzynski Cancer Research Institute

819 F.2d 1301 · Court of Appeals for the Fifth Circuit · Jun 25, 1987

seeking damages to show that qualified immunity does not bar recovery. 27 Dr. … Bur-zynski and in executing that warrant followed established constitutional procedures. They violated no norms of clearly established law.

Brant v. Volkert

72 F. App'x 463 · Court of Appeals for the Seventh Circuit · Jul 25, 2003

Alternatively, the district court held that Brant’s lawsuit against the officers was barred by qualified immunity, because he was unable to show that the officers violated any of his clearly established rights. … It is Brant’s burden to establish that the officers violated his clearly established rights, see Denius v.

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.

The Antelope

23 U.S. 66 · Supreme Court of the United States · Mar 15, 1825

Cornejo v. Bell

Court of Appeals for the Second Circuit · Jan 4, 2010

and qualified immunity under federal and state 6 law. … ] acts did not 12 violate these clearly established rights.’”

Colston v. Barnhart

146 F.3d 282 · Court of Appeals for the Fifth Circuit · Jul 14, 1998

The Johnson Court specifically distinguished its decision from the Court's earlier treatment of the clearly-established-law prong of qualified-immunity analysis in Mitchell v. … qualified immunity.

Juan Mendez, Sr. v. Taylor Poitevent

823 F.3d 326 · Court of Appeals for the Fifth Circuit · May 19, 2016

The district court held that Poitevent was entitled to qualified immunity, and thus granted him summary judgment. … Law enforcement officers are entitled to qualified immunity for conduct that “does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Mullenix v.

Young v. Murphy

90 F.3d 1225 · Court of Appeals for the Seventh Circuit · Jul 22, 1996

(physician under contract to prison entitled to assert qualified immunity where physician was “performing duties that would otherwise have to be performed by a public official who clearly would have qualified immunity”), … If a complaint fails to allege a clearly established constitutional violation against a public official, the defendant is entitled to qualified immunity. Zorzi v. County of Putnam, 30 F.3d 885, 892 (7th Cir.1994).

Dunigan v. Noble

Court of Appeals for the Sixth Circuit · Nov 29, 2004

Moreover, I do not believe that Officer Noble should be immune from liability, as his conduct was objectively unreasonable in light of clearly established law at the time of the incident. … The doctrine of qualified immunity is driven by the notion that, although a government official may have violated a citizen’s rights, “‘[i]f the law at that time was not clearly established, an official could not . . . fairly

Montgomery v. Las Vegas Metropolitan Police Department

671 F. App'x 996 · Court of Appeals for the Ninth Circuit · Dec 22, 2016

Dismissal of Montgomery’s excessive force claim was proper because it would not have been clear to every reasonable officer that the conduct violated a clearly established right. See Bryan v. … MacPherson, 630 F.3d 805, 823 (9th Cir. 2010) (police officer entitled to qualified immunity unless the conduct at issue violated a clearly established constitutional right).

Gordon v. Kidd

971 F.2d 1087 · Court of Appeals for the Fourth Circuit · Jul 7, 1992

The limits of qualified immunity are defined essentially in objective terms. … A claim of "extraordinary circumstances" coupled with a lack of knowledge about the law may establish qualified immunity. 457 U.S. at 819 , 102 S.Ct. at 2738 .

Wu v. Thomas

847 F.2d 1480 · Court of Appeals for the Eleventh Circuit · Jun 7, 1988

To establish a prima facie case of discrimination in promotion, a plaintiff must prove: (1) he or she is a member of a protected minority; (2) was qualified for and applied for the promotion; (3) was rejected despite these … Appellant clearly failed to show she was qualified for promotion to professor. 26 Appellant also failed to prove that an equally or less qualified male was promoted during the time of her promotional application.

Serna v. Goodno

567 F.3d 944 · Court of Appeals for the Eighth Circuit · Jun 3, 2009

Qualified immunity generally shields “[government officials performing discretionary functions ... from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … Second, courts were “to ask whether the right was clearly established.” Id.

Rogers v. City of Kennewick

206 F. App'x 657 · Court of Appeals for the Ninth Circuit · Aug 3, 2006

MEMORANDUM * Defendants, former and current police officers of the City of Kennewick, Washington, appeal from the district court’s orders denying summary judgment on the defense of qualified immunity. … If there is such a showing, “the next, sequential step is to ask whether the right was clearly established.” Id. Under Graham v.