Case law

Galvin v. Hay

361 F.3d 1134 · Court of Appeals for the Ninth Circuit · Mar 18, 2004

DISCUSSION I Qualified Immunity Qualified immunity analysis proceeds in two stages. We must first inquire whether the plaintiffs have established a constitutional violation. … Until then, the constitutional right violated by the defendants was not clearly established. The defendants are therefore entitled to qualified immunity for the narrow tailoring violation.

Vizbaras v. Prieber

761 F.2d 1013 · Court of Appeals for the Fourth Circuit · May 14, 1985

Whether an official may prevail in his qualified immunity defense depends upon the "objective reasonableness of [his] conduct as measured by reference to clearly established law." Id. (footnote deleted). … The majority apparently reasons that because neither we nor the Supreme Court has specified the exact quantum of force that constitutes excessive force, the law was not "clearly established," and the qualified immunity defense

Joseph F. Collinson v. John M. Gott, Sr., Individually and as President of the Board of County Commissioners of Calvert County Board of County Commissioners of Calvert County, Edward Bowen, Individually and as a Lieutenant in the Sheriff's Department of Calvert County, Maryland Patrick Nutter, Individually and as a Sergeant in the Sheriff's Department of Calvert County, Maryland, Joseph F. Collinson v. John M. Gott, Sr., Individually and as President of the Board of County Commissioners of Calvert County Board of County Commissioners of Calvert County Edward Bowen, Individually and as a Lieutenant in the Sheriff's Department of Calvert County, Maryland Patrick Nutter, Individually and as a Sergeant in the Sheriff's Department of Calvert County, Maryland

895 F.2d 994 · Court of Appeals for the Fourth Circuit · Feb 13, 1990

Accordingly, the now-familiar test of qualified immunity is whether government officials such as Gott in performing discretionary functions have engaged in conduct that violates "clearly established statutory or constitutional … immunity it is therefore necessary first to identify the specific constitutional right allegedly violated, then to inquire whether at the time of the alleged violation it was clearly established, then further to inquire

Omar Paez v. Claudia Mulvey

Court of Appeals for the Eleventh Circuit · Feb 8, 2019

The arresting officer would be entitled to qualified immunity unless the plaintiff establishes that “(1) [she] violated a federal statutory or constitutional right, and (2) the unlawfulness of [her] conduct was ‘clearly … Since there was no Fourth Amendment violation, much less a clearly established Fourth Amendment violation, Breeden and Sullivan are entitled to qualified immunity as well.

Tammy D. Scarbrough v. Bryant Myles, Jr.

Court of Appeals for the Eleventh Circuit · Mar 29, 2001

Because Hall violated no clearly established law in formulating probable cause to arrest Scarbrough and Davis, he is entitled to qualified immunity.9 The district judge denied immunity to Myles, who was not involved … In addressing discretionary-function immunity and qualified immunity, our court has stated that "[u]nder both Alabama law and federal law, the core issue is whether a defendant violated clearly established law."

Jon Luer v. County of St. Louis, Missouri

Court of Appeals for the Eighth Circuit · Feb 16, 2021

We conclude the officers are entitled to qualified immunity for some but not all their actions on the night in question. … Qualified immunity protects officers from civil damages “so long as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Mullenix v.

Ward v. County of San Diego

791 F.2d 1329 · Court of Appeals for the Ninth Circuit · Mar 3, 1986

Upon remand, the district court granted Duffy’s motion for summary judgment holding that because the law was not clearly established at the time of the strip search, Duffy enjoyed qualified, good faith immunity from personal … IMMUNITY Government officials performing discretionary functions are shielded from liability for civil damages if their conduct does not violate “clearly established statutory or constitutional rights of which a reasonable

Kathy Fischer v. Josh Hoven

925 F.3d 986 · Court of Appeals for the Eighth Circuit · Jun 3, 2019

The district court1 granted qualified immunity to 1 The Honorable Charles B. Kornmann, United States District Judge for the District of South Dakota. … Hoven is entitled to qualified immunity unless Fischer can show: (1) that he “violated a statutory or constitutional right, and (2) that the right was ‘clearly established’ at the time of the challenged conduct.”

Amos v. Maryland Dept. of Public Safety

126 F.3d 589 · Court of Appeals for the Fourth Circuit · Sep 22, 1997

We held that qualified immunity barred the prisoner’s claims because it was not clearly established at the time of the alleged violations that the ADA and the Rehabilitation Act applied to state prisons. … We held that qualified immunity barred the prisoner’s claims because it was not clearly established at the time of the alleged violations that the ADA and the Rehabilitation Act applied to state prisons.

Bull v. City & County Sf

Court of Appeals for the Ninth Circuit · Aug 21, 2008

ground of qualified immunity. … court’s denial of qualified immunity.

Flythe Ex Rel. Estate of Flythe v. District of Columbia

791 F.3d 13 · Court of Appeals for the D.C. Circuit · Jun 19, 2015

clearly established at the time of the challenged conduct.” … Ct. 2012, 2023 (2014) (“An official sued under § 1983 is entitled to qualified immunity unless it is shown that the official violated a statutory or constitutional right that was clearly established at the time of the challenged

Dolihite v. Maughon

74 F.3d 1027 · Court of Appeals for the Eleventh Circuit · Jan 23, 1996

To me, this practice flies in the face of the idea that qualified immunity protects against personal liability unless the defendant's acts violated clearly established pre-existing law. … In my view, this idea is not clearly established as a matter of law now and was not so established in 1992.

Luc Adras v. Alan C. Nelson, Commissioner of Immigration and Naturalization Service

917 F.2d 1552 · Court of Appeals for the Eleventh Circuit · Nov 30, 1990

The district court dismissed Count VII upon the finding that defendants were entitled to qualified immunity inasmuch as plaintiffs did not possess at the time of their detention “clearly established constitutional or statutory … The court there discussed the nature of Harlow immunity but found that the aliens were entitled to be protected from “gross physical abuse,” a right “clearly established” at the time of their detention.

Mannoia, Jeffrey v. Farrow, David G.

Court of Appeals for the Seventh Circuit · Feb 7, 2007

In Saucier, the Supreme Court established a two-part test for resolving the issue of qualified immunity. … “Consulting a prosecutor may not give an officer absolute immunity . . . but it goes far to establish qualified immunity.” Kijonka v. Seitzinger, 363 F.3d 645, 648 (7th Cir. 2004).

John K. Maciver Inst. for Pub. Policy, Inc. v. Schmitz

885 F.3d 1004 · Court of Appeals for the Seventh Circuit · Mar 21, 2018

"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 established … There is no serious dispute that MacIver's interpretation of the SCA was not "clearly established" at the time defendants' warrants were issued.

Sissoko v. United States

440 F.3d 1145 · Court of Appeals for the Ninth Circuit · Mar 16, 2006

Rocha contends, in con- trast, that she is entitled to qualified immunity from any damages liability. … Violation of a clearly established right?

Doe v. University of Massachusetts

Court of Appeals for the First Circuit · Jul 25, 2025

Qualified Immunity When public officials, like the Individual Defendants, are sued in their personal capacity for money damages, the doctrine of qualified immunity shields them from pecuniary … To be clearly established, there must be "controlling authority or a robust consensus of cases of persuasive authority, clearly demonstrating the violative nature of the defendant's particular conduct."

Hartline v. Gallo

Court of Appeals for the Second Circuit · Oct 8, 2008

She further contends 23 that because the strip search violated clearly established law, the individual officers are not 24 entitled to qualified immunity, and that because the search was conducted pursuant to municipal … She argues that because the strip search 7 violated clearly established law, the officers responsible for the search are not entitled to 8 qualified immunity, and that because the search was conducted pursuant to

Gamble v. Moran

15 F.3d 1085 · Court of Appeals for the Ninth Circuit · Feb 8, 1994

QUALIFIED IMMUNITY 9 We review de novo a district court's denial of summary judgment on the issue of qualified immunity. Act Up!/Portland v. Bagley, 988 F.2d 868, 871 (9th Cir.1993). … The doctrine of qualified immunity protects government officials performing discretionary functions from civil liability when their conduct does not violate clearly established statutory or constitutional rights of which

Jodie Kelly v. Paul Rembach

868 F.3d 371 · Court of Appeals for the Fifth Circuit · Aug 18, 2017

But this information establishes only that Rembach was Nichamoff’s client. It does not establish the scope of Nichamoff’s representation. … Thus, at this motion to dismiss stage, Nichamoff has failed to carry his heavy burden of establishing entitlement to attorney immunity.