Case law

Martino Recchia v. City of La Dept. Animal Svcs.

889 F.3d 553 · Court of Appeals for the Ninth Circuit · May 1, 2018

We instruct the district court to consider in the first instance whether the Officers are nonetheless entitled to qualified immunity because any constitutional violation was not clearly established at the time it was committed … On remand, we instruct the district court to consider in the first instance whether the Officers are entitled to qualified immunity for any potential constitutional violation because it was not “clearly established” at the

Ralph Janvey v. Libyan Investment Authority

840 F.3d 248 · Court of Appeals for the Fifth Circuit · Oct 26, 2016

The FSIA uses it to determine whether an ‘agency’ of the state may potentially qualify for foreign sovereign immunity itself under the FSIA. … [T]he level of state control required to establish an ‘alter ego’ relationship is more extensive than that required to establish FSIA ‘agency.’” Hester Int’l Corp. v. Fed.

Christensen v. Ward

916 F.2d 1462 · Court of Appeals for the Tenth Circuit · Jun 29, 1990

Arlington County, Va., 490 F.Supp. 307, 313 (D.D.C.1980) (challenge to absolute immunity by police officers afforded only qualified immunity). … Federal agents are immune from suit under a Bivens action when “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v.

Alvarez-Machain v. United States

96 F.3d 1246 · Court of Appeals for the Ninth Circuit · Sep 24, 1996

The district court allowed the action to proceed on conduct by DEA agents acting within the United States, however, holding that the alleged conduct, if proved, clearly violated established constitutional rights. … DEA Agents Qualified Immunity Pre-trial detainees possess a clearly established right to be free from punishment. Bell v. Wolfish, 441 U.S. 520, 534-37 , 99 S.Ct. 1861, 1871-73 , 60 L.Ed.2d 447 (1979).

Rios v. City of Del Rio TX

444 F.3d 417 · Court of Appeals for the Fifth Circuit · Mar 27, 2006

GARWOOD, Circuit Judge: This is an appeal from the denial of a motion to dismiss on the basis of qualified immunity. … If no constitutional right would have been violated were the allegations established, there is no necessity for further inquiries concerning qualified immunity.”

95 Cal. Daily Op. Serv. 7156, 95 Daily Journal D.A.R. 12,365 Terry F. Newell v. Frank Sauser Lou Easter Sharon Starr, Sgt. Disciplinary Committee Chairperson Tom Reimer, Sgt. Robert Hartzler, Officer of the Spring Creek Correctional Center in Their Individual and Official Capacities

64 F.3d 1416 · Court of Appeals for the Ninth Circuit · Sep 11, 1995

In determining whether an official is entitled to qualified immunity, we (1) identify the specific right allegedly violated; (2) determine whether the right was "clearly established;" and (3) determine whether a reasonable … Conclusion 17 The district court correctly held that defendants were not entitled to qualified immunity because Newell alleged a violation of clearly established constitutional rights of which a reasonable official should

Johnson v. Jones

515 U.S. 304 · Supreme Court of the United States · Jun 12, 1995

S. 800, 818 (1982) (holding that public officials are entitled to a “qualified immunity” from “liability for civil damages insofar as their conduct does not violate clearly established . . . rights of which a reasonable person … Proc. 56(c), but the purely legal issue what law was “clearly established.”

Neal v. Lewis

414 F.3d 1244 · Court of Appeals for the Tenth Circuit · Jul 13, 2005

Second, he must show “that the right at issue was clearly established at the time of the defendant’s unlawful conduct.” Id. at 1156. … If the plaintiff cannot make both showings, the defendant is entitled to qualified immunity. Id.

Green v. Montgomery

219 F.3d 52 · Court of Appeals for the Second Circuit · May 24, 2000

A qualified immunity defense is established only if (1) the officers' actions did not violate clearly established law, or (2) it was objectively reasonable for the officers to believe that their actions did not violate such … immunity defense. 24 Nor, under the same circumstances, could the second basis for qualified immunity apply as a matter of law.

Tang v. State of Rhode

Court of Appeals for the First Circuit · Aug 11, 1997

They conceded that there was a clearly established right to be free from racial discrimination. … an immediate grant of qualified immunity. 115 S.

No. 87-2167

854 F.2d 1206 · Court of Appeals for the Tenth Circuit · Aug 12, 1988

III. 4 Qualified immunity is an affirmative defense that shields governmental officials from personal liability unless their actions violate "clearly established statutory or constitutional rights of which a reasonable person … Jones's argument that the officers violated clearly established federal law by arresting him without warrants therefore fails.

Abre Jackson v. Marc Anastacio

Court of Appeals for the Seventh Circuit · Aug 25, 2025

Even if a trial were to establish that Jackson was deprived of a liberty interest, defendants would still be entitled to qualified immunity from any damages rem- edy because the applicable law was not clearly established at … Regardless, the qualified immunity inquiry is not close.

McNair, Victor R. v. Coffey, Sean

Court of Appeals for the Seventh Circuit · Jan 29, 2002

If no constitutional right would have been violated were the allegations established, there is no necessity for further inquiries concerning qualified immunity. 121 S.Ct. 2151, 2156 (2001). … If no constitutional right would have been violated were the allegations established, there is no necessity for further inquiries concerning qualified immunity.

Dean Cohen v. San Bernardino Valley College

92 F.3d 968 · Court of Appeals for the Ninth Circuit · Aug 19, 1996

Qualified Immunity 32 "We review de novo a district court's decision on qualified immunity in a section 1983 action." Newell v. … clearly established statutory or constitutional rights of which a reasonable person would have known.

Renee Fazica v. Zachary Jordan

926 F.3d 283 · Court of Appeals for the Sixth Circuit · Jun 10, 2019

Individual Liability Normally, we review a defendant’s assertion of qualified immunity in two steps: (1) determining whether the defendant violated a constitutional right and (2) deciding whether that right was clearly … established at the time of the incident.

Fields v. City of South Houston, Texas

922 F.2d 1183 · Court of Appeals for the Fifth Circuit · Mar 21, 1991

Finding the City is not entitled to qualified immunity, we reverse this determination. … Second, even if Plaintiff's "proof" is properly considered, Defendants maintain they have established qualified immunity as a matter of law.

Douglas C. Hopkins v. City of Westland, a Municipal Corporation and Officer Scott Fetner, Jointly and Severally

21 F.3d 427 · Court of Appeals for the Sixth Circuit · Apr 4, 1994

At the time of plaintiff's arrest, it was clearly established that an arrest must be supported by probable cause. … It was also clearly established that probable cause, "a probability or substantial chance of criminal activity," Illinois v.

Patricia A. Crumley v. City of St. Paul, Minnesota Michael Bratsch, Police Officer Gerard Bohling, Police Officer

324 F.3d 1003 · Court of Appeals for the Eighth Circuit · Apr 7, 2003

“The right to be free from excessive force is a clearly established right under the Fourth Amendment’s prohibition against unreasonable seizures of the person.” Guite v. Wright, 147 F.3d 747, 750 (8th Cir.1998). … Thus, we need not reach the question of qualified immunity. The district court’s grant of summary judgment with regard the § 1983 action is affirmed.

Corners v. Saccocia

Court of Appeals for the First Circuit · Jan 17, 1995

Plaintiff insists that the lower court erred in invoking the doctrine of qualified immunity. … See, ___ e.g., id. at 30-31 (finding such result not to have been ____ ___ clearly established prior thereto); Morgan v. Ellerthorpe, ______ ___________ 785 F.

Kenneth Seymour v. City of Des Moines

Court of Appeals for the Eighth Circuit · Mar 25, 2008

Arnold and Danner were thus entitled to qualified immunity with respect to the detention order. … Moreover, “allegations of constitutional violations that require courts to balance competing interests may make it more difficult to find the law clearly established when assessing claims of qualified immunity.”