Case law

Clyde M. Lawson v. Andrew Hulm

Court of Appeals for the Eighth Circuit · Aug 18, 2000

We conclude that the Troopers were entitled to qualified immunity in this case. … alleged right is clearly established; and (3) raise[d] a genuine issue of fact as to whether the official would have known that his alleged conduct would have violated the plaintiff's clearly established right."

Daniel Ellsberg v. John N. Mitchell

807 F.2d 204 · Court of Appeals for the D.C. Circuit · Dec 5, 1986

Defendants claim that qualified immunity shields them from liability since the wiretap, having had a validating national security purpose did not violate clearly established law. … Later, also despite Young’s pending discovery motions, the District Court granted summary judgment to Mitchell on qualified immunity grounds against Young, finding that the “objective record thus establishes a valid [national

George Segarra v. M.J. McDade Ralph Edwards

706 F.2d 1301 · Court of Appeals for the Fourth Circuit · Apr 26, 1983

Qualified immunity from liability for civil damages will arise unless the official’s conduct “violate[s] clearly established statutory or constitutional rights of which a reasonable person would have known.” 690 F.2d at 1111 … Although Judge Russell discussed qualified immunity, he clearly stated the immunity was absolute. 690 F.2d at 1099, 1110-1114 .

Municipal Utilities Bd. of Albertville v. Alabama Power Co.

934 F.2d 1493 · Court of Appeals for the Eleventh Circuit · Jul 5, 1991

The Cities contend that the defendants' actions do not qualify for state action immunity for two reasons. … We therefore cannot determine whether the private agreements qualify for state action immunity.

Mitchell Marbury v. Warden

936 F.3d 1227 · Court of Appeals for the Eleventh Circuit · Aug 29, 2019

Qualified immunity “completely protects government officials performing discretionary functions from suit in their individual capacities unless their conduct violates clearly established statutory or constitutional rights … 12589 Date Filed: 08/29/2019 Page: 46 of 50 The touchstone inquiry under the “clearly established” prong of qualified immunity is whether the officials charged had “fair warning” that their conduct constituted

Benfer v. City of Baytown

120 F.4th 1272 · Court of Appeals for the Fifth Circuit · Nov 1, 2024

“These standards are the same when a motion to dismiss is based on qualified immunity.” Id. at 279–80 (citation omitted). … Thus, “[i]t is the plain- tiff’s burden to demonstrate that qualified immunity is inappropriate.” Id.

Mark Robbins v. Randy Becker, Sr.

794 F.3d 988 · Court of Appeals for the Eighth Circuit · Jul 27, 2015

Constitutional Claims — Qualified Immunity The Robbinses argue the district court erred in granting summary judgment on their constitutional claims based on qualified immunity. … “Qualified immunity shields a government official from liability and the burdens of litigation in a § 1983 action for damages unless the official’s conduct violated a clearly established constitutional or statutory right

In Re: Ken Paxton

60 F.4th 252 · Court of Appeals for the Fifth Circuit · Feb 14, 2023

immunity but is pertinent here because, like sovereign immunity, qualified immunity provides “immunity from suit rather than a mere defense to liability.” … We rejected this gambit, explaining that it “turn[ed] qualified immunity on its head” by opening the defendants to deposition before adjudication of their immunity defense. Ibid. So too here.

Scott v. Miami Dade County

657 F. App'x 877 · Court of Appeals for the Eleventh Circuit · Aug 1, 2016

“Qualified immunity protects government officials performing discretionary functions from suits in their individual capacities unless their conduct violates ‘clearly established statutory or constitutional rights of which … Clearly Established Constitutional Right Because Plaintiff’s second amended complaint sufficiently alleges a constitutional violation, “we next determine whether preexisting law clearly established that [] [D]efendants

Curnow v. The Ridgecrest Police

952 F.2d 321 · Court of Appeals for the Ninth Circuit · Dec 26, 1991

McDONALD, District Judge: 5 Defendants appeal the district court's denial of their motion for summary judgment based upon qualified immunity. … III. 28 Defendants-appellants moved for summary judgment on the basis of qualified immunity.

Gardenhire v. Schubert

Court of Appeals for the Sixth Circuit · Mar 2, 2000

There qualified immunity, the plaintiff must first identify a clearly was no police report implicating Ms. … The Court's jurisdiction over interlocutory appeals on a There is no question that in 1996, it was clearly established claim of qualified immunity is limited to considering pure that police officers could not selectively

Houston Jones v. Tyson Johnson

26 F.3d 727 · Court of Appeals for the Seventh Circuit · Jun 14, 1994

On the facts that this record presents, taken in the light most favorable to plaintiff, an arrest did not “violate clearly established ... rights of which a reasonable person would have known”. … The three appellants therefore are entitled to qualified immunity on the false arrest claim.

Sparing, Eugene v. Village Olympia

Court of Appeals for the Seventh Circuit · Sep 19, 2001

qualified immunity. … Although Sparing has demonstrated a constitutional violation, he cannot show that the violation was clearly established under the second part of the standard for qualified immunity.

Fitzpatrick v. City of Dearborn Heights

19 F. App'x 261 · Court of Appeals for the Sixth Circuit · Sep 6, 2001

the official allegedly did was objectively unreasonable in light of the clearly established constitutional rights. … plaintiff constitute a violation of clearly established law” of which a reasonable person would have known.

Brocuglio v. Proulx

67 F. App'x 58 · Court of Appeals for the Second Circuit · Jun 13, 2003

A district court’s denial of a claim of qualified immunity is immediately appeal-able only “to the extent that it turns on an issue of law,” Mitchell v. … At the time of the events giving rise to this action, it was clearly established that the Fourth Amendment warrant requirement applies to administrative searches such as this, see *61 Michigan v.

John Sherwin Diercks v. Lynda Durham, Lynda Musgrove James Wilde

959 F.2d 710 · Court of Appeals for the Eighth Circuit · Mar 23, 1992

Durham first argues that she is entitled to qualified immunity. We reject this argument. … A defendant is not entitled to qualified immunity if: (1) her conduct violated a constitutional right clearly established before the conduct occurred; (2) she knew or should have known of the clearly established right when

Gerhart v. Hayes

217 F.3d 320 · Court of Appeals for the Fifth Circuit · Feb 4, 2000

She also voiced these con- qualified immunity.1 The district court denied cerns to other academic colleagues within the university. … disputed and were material to tiff has alleged the violation of a clearly the claim. established constitutional right.

Mcclellan v. Smith

439 F.3d 137 · Court of Appeals for the Second Circuit · Feb 24, 2006

previously given by the court in support of its finding of qualified immunity as grounds for dismissal of all of McClellan's other claims. … Qualified Immunity 38 The doctrine of qualified immunity offers protection for "government officials performing discretionary functions. . . from liability for civil damages insofar as their conduct does not violate clearly

67 Fair empl.prac.cas. (Bna) 1005, 66 Empl. Prac. Dec. P 43,456 Alice H. Smith v. Michael Lomax, Individually and in His Official Capacity as Chairman of the Fulton County Board of Commissioners and Michael Hightower, Individually and in His Official Capacity as Commissioner of Fulton County

45 F.3d 402 · Court of Appeals for the Eleventh Circuit · Feb 22, 1995

Then we ask, on the issue of qualified immunity, whether precedent clearly established that such conduct violated the Equal Protection Clause On the legislative immunity issue, the parties' rendition of the material facts … of a clearly established property right.

Ewan Leask v. City of Minneapolis

Court of Appeals for the Eighth Circuit · Apr 7, 2026

-2-  We analyze qualified immunity in two steps: (1) whether Officer Pennaz violated one of Leask’s constitutional rights; and (2) whether the right was clearly established on … If the answer to either of these questions is “no,” then Officer Pennaz is entitled to qualified immunity. Morgan v. Robinson, 920 F.3d 521, 523 (8th Cir. 2019).