Case law

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.”

Snyder v. Daugherty

899 F. Supp. 2d 391 · District Court, W.D. Pennsylvania · Sep 28, 2012

“An officer conducting a search is entitled to qualified immunity where clearly established law does not show that the search violated the Fourth Amendment. … To this end, the Defendant Officers seek qualified immunity on the grounds that their actions were reasonable 'in light of clearly established federal law.

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.

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.

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.

Acre v. Chambers

129 F. Supp. 3d 1295 · District Court, M.D. Alabama · Sep 8, 2015

The Supreme Court has disavowed a generalized approach to what is clearly established law in the qualified immunity context. *1311 We have repeatedly told courts ... not to define clearly established law at a high level of … Qualified immunity is no immunity at all if “clearly established” law can simply be defined as the right to be free from unreasonable searches and seizures. Sheehan , — U.S. at -, 135 S.Ct. at 1775-76.

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.

McIntosh v. Weinberger

810 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.

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.

Treadway v. Columbus Police Department

District Court, S.D. Ohio · Mar 4, 2025

Qualified Immunity “shields government officials in the performance of discretionary functions from standing trial for civil liability unless their actions violate clearly established rights.” DiLuzio v. … The next step of the qualified immunity analysis asks us to determine whether the law was clearly established at the time of the violation.

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

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.

Sova v. City of Mt. Pleasant

142 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.”