Case law
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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 . . .
Cited 50 timesPublished810 F.2d 1411 · Court of Appeals for the Eighth Circuit · Jan 14, 1987
The District Court expressly declined to reach the question whether Turner violated clearly established law; instead, citing Harlow’s “discretionary function” language, the District Court rejected the qualified-immunity defense … the objective test of immunity, which focuses not upon whether the official was exercising discretion, but upon whether he violated clearly established law.
Vacated by Turner v. McIntosh, 487 U.S. 1212 (1988)Cited 78 timesPublished143 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
Cited 0 timesPublishedCourt 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.
Cited 0 timesPublishedCory Driscoll v. Montgomery Cnty. Bd. of Comm'rs
Court of Appeals for the Sixth Circuit · Apr 23, 2026
I thus would grant Smiley qualified immunity because our precedent did not clearly establish that she violated the Fourth Amendment at the time she acted. I respectfully dissent. … If unpublished decisions cannot clearly establish the law for qualified-immunity purposes, I doubt that abrogated decisions may do so. Cf. Campbell v. Riahi, 109 F.4th 854, 861 (6th Cir. 2024).
Cited 0 timesPublished142 F.3d 898 · Court of Appeals for the Sixth Circuit · Apr 24, 1998
LaLone and Officer Shell are entitled to qualified immunity. Police officers are afforded qualified immunity for their discretionary functions, Pierson v. … “Unless the plaintiffs allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery.”
Cited 66 timesPublishedCourt of Appeals for the Sixth Circuit · Sep 19, 2007
facts are as asserted by the defendant, the defendant’s actions violated clearly established law and are therefore not within the scope of the qualified immunity. … Page 5 legal question of qualified immunity, i.e., whether a given set of facts violates clearly established law.’” Farm Labor Org. Comm. v.
Cited 0 timesPublishedEstate of Tori Carter Brenda Chambers v. City of Detroit, Donald Hollins, Lieutenant
408 F.3d 305 · Court of Appeals for the Sixth Circuit · May 27, 2005
Finally, to complete the qualified immunity analysis, this right was clearly established at the time of Hollins’s violation. … The right that Hollins violated was therefore clearly established. Under the facts alleged by the Estate, Hollins is not entitled to qualified immunity.
Abrogated on other grounds by Pearson v. Callahan, 555 U.S. 223 (2009)Cited 365 timesPublished94 F.3d 632 · Court of Appeals for the Eleventh Circuit · Sep 11, 1996
"For the law to be clearly established to the point that qualified immunity does not apply, the law must have earlier been developed in such concrete and factually defined context to make it obvious to all … ("For the law to be clearly established to the point that qualified immunity does not apply, the law must [be] concrete and factually defined....") (quoting Anderson v.
Cited 46 timesPublishedCourt 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.
Cited 0 timesPublishedCourt 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.
Cited 0 timesPublished741 F.3d 492 · Court of Appeals for the Fourth Circuit · Feb 3, 2014
We also hold that their alleged actions violated the plaintiff’s clearly established rights, and that they are therefore not entitled to qualified immunity. 9 The plaintiff’s claims for equitable relief … We conclude that, given Wall’s circumstances, his right to participate in Ramadan was clearly established, and the defendants are therefore not entitled to qualified immunity.
Cited 134 timesPublished25 Fla. L. Weekly Fed. S 5 · Supreme Court of the United States · Nov 10, 2014
The court also held that Carroll was not entitled to qualified immunity because his actions violated clearly established law. Ibid. … A government official sued under §1983 is entitled to qualified immunity unless the official violated a statutory or constitutional right that was clearly established at the time of the challenged conduct.
Cited 130 timesPublished913 F.3d 640 · Court of Appeals for the Seventh Circuit · Jan 15, 2019
Qualified immunity involves a two-pronged inquiry: (1) whether the facts, read in favor of the non-moving party, amount to a constitutional violation; and (2) whether the constitutional right was clearly established at the … But the first prong of the qualified immunity analysis is not the one designed to specially protect the officer-that comes at the second prong, which limits the officer's liability to violations of clearly established law
Cited 72 timesPublishedHenry Benitez v. D. Wolff, J. Kihl
985 F.2d 662 · Court of Appeals for the Second Circuit · Feb 3, 1993
The court also ruled that if defendants had violated Beni-tez’s right to due process, they were entitled to qualified immunity because the specific right infringed was not “ ‘clearly established’ at the time of the alleged … Qualified Immunity The doctrine of qualified immunity shields state officials from liability for damages if their actions did not violate “clearly established statutory or constitutional rights of which a reasonable person
Cited 44 timesPublished465 F.3d 46 · Court of Appeals for the Second Circuit · Oct 4, 2006
Lunn, 361 F.3d 737, 743 (2d Cir.2004) (internal citation omitted). 19 Qualified immunity "shields police officers acting in their official capacity from suits for damages ... unless their actions violate clearly-established … immunity turns on whether they violated clearly established federal law [while] the county commission's liability turns on the allocation of law enforcement power in Alabama").
Cited 305 timesPublished284 F.3d 543 · Court of Appeals for the Fourth Circuit · Mar 25, 2002
Accordingly, a constitutional right is clearly established for qualified immunity purposes not only when it has been “specifically adjudicated” but also when it is “manifestly included within more general applications of … Indeed, in this circuit, we have found only one case in which an officer sought qualified immunity on facts like those alleged by Clem, and there we con-eluded that the officer’s appeal of the denial of qualified immunity
Cited 59 timesPublishedJeff Courtright v. City of Battle Creek
839 F.3d 513 · Court of Appeals for the Sixth Circuit · Oct 14, 2016
Page 4 “When a defendant appeals the denial of a motion to dismiss based on qualified immunity, we review de novo whether the complaint alleges violation of a clearly established constitutional right.” … established right for purposes of qualified immunity.”
Cited 334 timesPublished54 F.3d 465 · Court of Appeals for the Eighth Circuit · May 1, 1995
Under the doctrine, of qualified immunity, government officials performing discretionary tasks are shielded from liability for civil damages unless their conduct violates “clearly established statutory or constitutional rights … This is not to say that Ludwig’s status as an emotionally disturbed person entitles him to any additional, clearly established constitutional rights which would be relevant to the qualified immunity determination.
Cited 84 timesPublished889 F.3d 926 · Court of Appeals for the Eighth Circuit · May 10, 2018
To determine whether Mannis is entitled to qualified immunity, we ask: (1) whether his conduct violated a constitutional right; and (2) whether the violated right was clearly established. Manning v. … “When a defendant asserts qualified immunity at the summary judgment stage, the plaintiff must produce evidence sufficient to create a genuine issue of fact regarding whether the defendant violated a clearly established right
Cited 34 timesPublished
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