Case law

Montanez v. Thompson

603 F.3d 243 · Court of Appeals for the Third Circuit · Apr 22, 2010

We can determine whether Thompson is entitled to qualified immunity under the “clearly established” prong of Saucier v. Katz, 533 U.S. 194 (2001). … 12  Qualified immunity is applicable unless the official’s conduct violated a clearly established constitutional right.

32 Fair empl.prac.cas. 747, 32 Empl. Prac. Dec. P 33,753 Lino Martinez, Cross-Appellant v. El Paso County, Cross-Appellee

710 F.2d 1102 · Court of Appeals for the Fifth Circuit · Aug 1, 1983

The court below correctly concluded that plaintiff established a prima facie case of discrimination. … The foregoing excerpt clearly reveals the error in defendant’s argument.

Spikes v. McVea

8 F.4th 428 · Court of Appeals for the Fifth Circuit · Aug 11, 2021

immunity because their actions did not violate clearly established law, given that the facts of this case are no more egregious than in Estelle v. … Smith, Circuit Judge, dissenting: The majority denies officials qualified immunity (“QI”) in defiance of Supreme Court precedent, which clearly establishes that their actions were constitutional.

Percy Taylor v. Joseph Ways

999 F.3d 478 · Court of Appeals for the Seventh Circuit · Jun 2, 2021

the constitutional right was clearly established at [that] time.” … Step Two: Clearly Established Law in 2011 and 2013 Under the facts asserted by Taylor and relied upon by the district court, Ernst violated clearly established law.

Owens ex rel. Owens v. Lott

372 F.3d 267 · Court of Appeals for the Fourth Circuit · Jun 15, 2004

Turning to the question of qualified immunity, however, the district court held that, at the time of the unconstitutional search, the right violated by defendants was not clearly established. … court’s conclusion that plaintiffs’ section 1983 action states a constitutional violation; defendants agree with the district court, of course, that the law was not clearly established for purposes of qualified immunity.

A.M. Ex Rel. F.M. v. Holmes

830 F.3d 1123 · Court of Appeals for the Tenth Circuit · Jul 25, 2016

We elect to reach only the clearly-established-law question — that is, the second prong of the qualified-immunity standard. … as the clearly established law that defeats a qualified-immunity defense.

William Gerhartz v. David Richert

779 F.3d 682 · Court of Appeals for the Seventh Circuit · Mar 5, 2015

“The doctrine of qualified immunity protects govern- ment officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or con- stitutional rights of which a reasonable … was clearly established at the time of the defendant’s alleged misconduct.”

Roque v. Harvel

Court of Appeals for the Fifth Circuit · Apr 2, 2021

were clearly established at the time of the violation “such that the officer was on notice of the unlawfulness of his or her conduct.”6 The unique nature and purpose of qualified immunity affects both our jurisdiction … immunity unless his “actions were objectively unreasonable in light of clearly established law at the time of the” shooting.31 The critical question when ascertaining the clearly established law is “whether the state of

Lawrence v. City of Rawlins, WY

406 F.3d 1224 · Court of Appeals for the Tenth Circuit · May 6, 2005

Lawrence’s clearly established constitutional rights. … Where the law is not clearly established, courts do not require officials to anticipate its future developments, and qualified immunity is therefore appropriate.

Swint v. City Of Wadley

5 F.3d 1435 · Court of Appeals for the Eleventh Circuit · Nov 3, 1993

by ... clearly-established law." … Because such a due process right was not clearly established at the time of the raids in this case, Sheriff Morgan, Chief Morgan and Officer Dendinger are entitled to qualified immunity on the due process claims.

Burke v. Sullivan

677 F.3d 367 · Court of Appeals for the Eighth Circuit · May 3, 2012

Under the qualified immunity doctrine, “government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory … was clearly established at the time of the deprivation.”

Ashcroft v. al-Kidd

563 U.S. 731 · Supreme Court of the United States · May 31, 2011

II Qualified immunity shields federal and state officials from money damages unless a plaintiff pleads facts showing (1) that the official violated a statutory or constitutional right, and (2) that the right was “clearly … Because Ashcroft did not violate clearly established law, we need not address the more difficult question whether he enjoys absolute immunity.

Estate of Kenneth G. Dietrich v. Richard W. Burrows

167 F.3d 1007 · Court of Appeals for the Sixth Circuit · Apr 23, 1999

If the constitutional right “the government official allegedly violated was clearly established at the time of the challenged conduct, ‘the immunity defense ordinarily should fail, since a reasonably competent public official … The law has been clearly established since at least the Supreme Court’s decision in Carroll v.

Ann B. Lovell, Etc. v. The One Bancorp, Appeal of Frederick W. Pape, Jr.

878 F.2d 10 · Court of Appeals for the First Circuit · Jun 22, 1989

Pape, Jr., defendant-appellant, has filed this interlocutory appeal from the district court’s denial of his claim of qualified immunity. … Among the various arguments advanced in his motion, Pape argued that he was entitled to qualified immunity from plaintiff’s claims.

Giragosian v. Bettencourt

614 F.3d 25 · Court of Appeals for the First Circuit · Jul 29, 2010

Officials are entitled to qualified immunity unless (1) "the facts that a plaintiff has alleged or shown make out a violation of a constitutional right" and (2) "the right at issue was 'clearly established' at the time … A right is "clearly established" if, at the time of the alleged violation, "[t]he contours of the right . . .

Daniel Chavez v. David Robinson

12 F.4th 978 · Court of Appeals for the Ninth Circuit · Sep 8, 2021

Qualified Immunity Once it is established that Chavez has a cause of action under § 1983, it is clear that his claim is not barred by qualified immunity: Antelope “clearly established” the constitutional right that Chavez … Rushen, 678 F.2d 791 (9th Cir. 1982), clearly establishes the right Chavez asserts, and thus his right-to-counsel claim is foreclosed by qualified immunity.

Hardin v. Hayes

957 F.2d 845 · Court of Appeals for the Eleventh Circuit · Apr 9, 1992

Qualified immunity shields government officials performing discretionary functions from civil damages “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … Accordingly, he is entitled to qualified immunity.' Based upon the foregoing facts, Sheriff Hayes is likewise entitled to summary judgment based on qualified immunity.

John Sabo v. Megan Erickson

Court of Appeals for the Seventh Circuit · Jan 31, 2025

Qualified Immunity and Clearly Established Law A constitutional or statutory right is “clearly established” when the law is “‘sufficiently clear’ that every ‘reasonable of- ficial would understand that what he is doing’ is … For a discussion about the future of qualified immunity, see id. at 560–68.

98 Cal. Daily Op. Serv. 3595, 98 Daily Journal D.A.R. 4957 Larry Darnell Thomas v. J. Gomez, Director of Corrections, R. Powell, Individually and as Correctional Officer, Calipatria State Prison B. Langley, Individually and as Correctional Officer, Calipatria State Prison J. Sims, Individually and as Correctional Officer D. Romero, Individually and as Corrections Officer, Calipatria State Prison

143 F.3d 1246 · Court of Appeals for the Ninth Circuit · May 12, 1998

Six Unknown Named Agents of Federal Bureau of Narcotics, 399 U.S. 905 , 90 S.Ct. 2203 , 26 L.Ed.2d 559 (1970), Fourth and Fifth Amendment action because the law was not clearly established on whether he had the regulatory … Jones, 515 U.S. 304, 307 , 115 S.Ct. 2151, 2153-54 , 132 L.Ed.2d 238 (1995) (holding that where the district court's order denying qualified immunity established a fact-related dispute about the pretrial record, defendants

Stella v. Kelley

Court of Appeals for the First Circuit · Aug 23, 1995

Thus, the doctrine of qualified immunity limits a plaintiff's damages against state actors "insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would … Harlow, 457 U.S. at 818 . ______ The meaning of the adjectival phrase "clearly 4 established," as it operates in the qualified immunity arena, has not always been clearly established.