Case law

Barney v. Pulsipher

143 F.3d 1299 · Court of Appeals for the Tenth Circuit · May 1, 1998

Plaintiffs maintain the district court erred in granting qualified immunity to the individual defendants, contending defendants violated their clearly established rights under the Eighth Amendment and Equal Protection … “In analyzing qualified immunity claims, we first ask if a plaintiff has asserted the violation of a constitutional right at all, and then assess whether the right was clearly established at the time of a defendant’s actions

Dextric Williams v. City of Cleveland, Mississippi

Court of Appeals for the Fifth Circuit · Oct 31, 2013

Overcoming qualified immunity requires showing that (1) an official’s conduct violated a constitutional right of the plaintiff and (2) that right was clearly established at the time of the violation. Saucier v. … Addressing Saucier’s second prong, we find that the officers did not violate a right that was clearly established at the time of the alleged violation.

Lampkin v. Little

286 F.3d 1206 · Court of Appeals for the Tenth Circuit · Apr 16, 2002

An officer cannot have an objectively reasonable belief that the force used was necessary (entitling the officer to qualified immunity) when no reasonable officer could have believed that the force used was necessary (establishing … it ruled on qualified immunity.

Prison Legal News v. Washington State Department of Corrections

11 F. App'x 729 · Court of Appeals for the Ninth Circuit · Mar 21, 2001

“Law enforcement officers ... enjoy qualified immunity from civil damage suits unless their conduct violates ‘clearly established statutory or constitutional rights of which a reasonable person would have known.’ ” Schwenk … The district court erred, however, by also dismissing the plaintiffs remaining claims for declaratory and injunctive relief pursuant to a finding of qualified immunity.

Ralph Nader v. J. Blackwell

Court of Appeals for the Sixth Circuit · Oct 29, 2008

However, we also hold that the right7 was not clearly established when Blackwell acted. Accordingly, Blackwell is immune from suit. … Finally, we conclude that because these violations were not clearly established in 2004, Blackwell is entitled to qualified immunity.

Neaves v. City of San Diego

70 F. App'x 428 · Court of Appeals for the Ninth Circuit · Jun 27, 2003

The grant of summary judgment was based on defendants’ qualified immunity. … We affirm the district court’s grant of summary judgment against Makenzie’s claim of unlawful seizure on the basis of qualified immunity.

Elliot Hawkins v. Gage County

759 F.3d 951 · Court of Appeals for the Eighth Circuit · Jul 22, 2014

and (2) the right was clearly established at the time of the deprivation.’” … To deny the officers qualified immunity, we must resolve both questions in Hawkins’s favor. See id. A.

William Rainsberger v. Charles Benner

Court of Appeals for the Seventh Circuit · Jan 15, 2019

 established Fourth Amendment law, it denied Benner  qualified immunity.  … We held that the of‐ ficer was entitled to qualified immunity. 

Weaver v. Reyna

Court of Appeals for the Fifth Circuit · Jul 8, 2021

Qualified Immunity When a defendant invokes qualified immunity, the burden shifts to the plaintiff to plead specific facts to overcome the defense. McClendon v. … “To be ‘clearly established’ for purposes of qualified immunity, ‘[t]he contours of the right must be sufficiently clear 20 Case: 19-50888 Document: 00515930384

Alford v. Haner

333 F.3d 972 · Court of Appeals for the Ninth Circuit · Jun 23, 2003

Defendants claimed they were entitled to qualified immunity and had probable cause for the arrest. … The first question under the two-part inquiry for determining whether the officers are entitled to qualified immunity is whether the "law governing the official's conduct [was] clearly established." Act-Up!/Portland v.

Swan v. Cochran

56 F.3d 73 · Court of Appeals for the Ninth Circuit · May 19, 1995

Sec. 1341 , for failure to state a claim; and (2) in his private capacity on the ground of qualified immunity. We have jurisdiction under 28 U.S.C. … Private Capacity Claims 7 "Qualified immunity protects government officials performing discretionary functions from liability for civil damages, unless the official's conduct violates clearly established statutory or constitutional

Sowards v. Loudon Cnty TN

Court of Appeals for the Sixth Circuit · Feb 8, 2000

terminating Sowards, Guider is not entitled to qualified to evaluate the defense of qualified immunity. … the doctrine of qualified immunity.

Schilcher v. University Of Arkansas

387 F.3d 959 · Court of Appeals for the Eighth Circuit · Nov 5, 2004

immunity because the summary judgment record showed no violation of her clearly established rights. 6 Pederson, Madison, and the Board of Trustees now appeal from the denial of qualified immunity. … II. 7 An immediate appeal from the denial of qualified immunity, such as this one, is quite limited in scope.

Kennedy v. City of Arlington, Texas

Court of Appeals for the Fifth Circuit · Feb 4, 2026

The magistrate judge therefore held that qualified immunity applied and recommended dismissing all claims against the officers and the City. … The second prong requires that the unlawfulness of the conduct be “clearly established at the time” of the alleged misconduct. Ibid.

Guilloty-Perez v. Pierluisi

Court of Appeals for the First Circuit · Nov 29, 1999

Morales and Pierluisi appeal the qualified immunity <br> portion of the district court's denial of summary judgment. <br> We have no jurisdiction to hear this appeal. … established law."

Jeffrey Hughes v. Zane Duncan

93 F.4th 374 · Court of Appeals for the Sixth Circuit · Feb 15, 2024

Through the Act, Tennessee established (with certain exceptions) a “presumption that an eligible inmate must be released on parole” upon the release eligibility date “or any subsequent parole hearing.” Tenn. … And even if some amount of discretion were required to qualify an act as a judicial function, today’s case is one in which the Board clearly exercised discretionary judgment.

James Dorsey v. United States Department of Labor

41 F.3d 1551 · Court of Appeals for the D.C. Circuit · Dec 16, 1994

The federal government’s waiver of sovereign immunity must be “unequivocally expressed” and the statutory provision containing the expression must “establish unambiguously that the waiver extends to monetary claims.” … The three representatives and two senators, rather than expressing themselves clearly on the subject, uttered not a word about relinquishing the government’s immunity from damages.

Shelby Riggs v. Commonwealth of Kentucky

734 F.2d 262 · Court of Appeals for the Sixth Circuit · May 1, 1984

However, a qualified immunity would not be available to the official “if he knew or reasonably should have known that the action he took within his sphere of official responsibility would violate the Constitutional rights … The district court found it unnecessary to further address the issue of a qualified immunity because plaintiffs had failed to establish the deprivation of a Constitutional right. We agree.

Dumpson v. McGinnis

348 F. App'x 658 · Court of Appeals for the Second Circuit · Oct 13, 2009

We review de novo a district court’s grant of qualified immunity. Lombardi v. Whitman, 485 F.3d 73, 78 (2d Cir.2007). … In assessing qualified immunity, a court must determine whether the alleged action violated clearly established law.

Batten v. Gomez

Court of Appeals for the Fourth Circuit · Feb 24, 2003

suit under the doctrine of qualified immunity. … We have reviewed this claim and agree with the dis- trict court that Shuster and Gomez are entitled to qualified immunity on this claim because Shuster and Gomez violated no clearly established right held by Brittany.