Case law

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.”

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 . . .

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.

Carroll v. Carman

25 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.

Halcomb v. Wmata

District Court, District of Columbia · Mar 3, 2011

QUALIFIED IMMUNITY Mr. Woods argues that he “has qualified immunity both for the arrest [of Ms. Halcomb] itself and for the limited amount of force necessary to effectuate the arrest.” Mot. at 7. … were clearly established at the time the action was taken” (internal quotation marks and citation omitted)).

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

Cory 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).

Estate 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.

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.

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.

See v. City of Elyria

Court 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.

Kent Papineau, Nedrick Ashton, Clay Rockwell, Abilene Rockwell, Houston Rockwell, Onenhaida Rockwell and Juanita Lewis, Plaintiffs-Counter-Defendants, Shawn Jones, Andrew Jones, Stonehorse Goeman, Marie Peters, Wealthy Bucktooth, Individually and as Guardian Ad Litem for Holly Lyons, Robert E. Bucktooth Jr., Cheryl Bucktooth, Individually and as Guardian Ad Litem for Nadine and Rob Bucktooth, Martha Bucktooth, Roberta Bucktooth, Jordan Bucktooth, Robert Bucktooth, Ronald Jones Sr., Ruth Jones, Debby Jones, Karen Jones, Nikki Jones, Karoniakata Jones, Tracy Kappelmeier, Individually and as Guardian Ad Litem for Adam Kappelmeier and Matthew Kappelmeier, Shirley Snyder, Andrea Potter, Samantha Thompson, Martha J. Skye, Steven Lee Skye, Cara Skye, Andrew Skye, Stormy Skye, Verna Montour, Sesiley R. Snyder, Alice Thompson, Minnie Garrow, Frances Dione, Wentawawi Dione, Joely Vandommelen, Daronhiokwas Horn, A'anase Horn, Tekahawakwen Rice, Kahente Horn Miller, Kahentinetha Horn, Karonhioko'he Horn, Malcolm Hill, Kathy Melissa Smith, William Green Iii, Kevin Henhawk, Dyhyneyyks, Mona Logan, Gerald Logan, Anthony Kloch Jr., Frank Bistrovich, Brent Lyons, Brad Cooke, Janet Cornelius, Jina Jimerson, Duane Beckman, Chad Hill, Donna Hill, Steve Stacy, Dale Dione, Robin Wanatee, Joshua Wanatee, Ally M. Wanatee, Esther Sundown, Shelley George, Sheena Green, Shiela Fish, Garrett Bucktooth, Joe Stefanovich, Tyler Hemlock, Hayden Hemlock, Skroniati Stacy, Kakwirakeron, Tekarontake, Teyonienkwataseh, Daniel Moses, Andrew Moses, Ross John, Barry Buckshot, Seth Tarbell, Deirdre M. Tarbell and Andrew Buckshot, Plaintiffs-Counter-Defendants-Appellees-Cross-Appellants v. James J. Parmley, George Beach, Pamela R. Morris, Dennis J. Blythe, John F. Ahern, Joseph W. Smith, Jeffrey D. Sergott, Michael S. Slade, James D. Moynihan, James J. Jecko, Robert Haumann, Mark E. Chaffee, Christopher J. Clark, Paul K. Kunzwiler, Douglas W. Shetler, Patrick M. Dipirro, Gregory Eberl, Gary A. Barlow, Mark E. Lepczyk, Martin Zubrzycko, Glenn Miner, Gary Darstein, Kevin Buttenschon, Chris A. Smith, Norman J. Mattice, John E. Wood, Thomas P. Connelly, Jerry Brown, Harry Schleiser, Norman Ashbarry, Peter S. Leadley, Martin J. Williams, Gloria L. Wood, David G. Bonner, Dennis J. Burgos, John P. Dougherty, David v. Dye, Daryl O. Free, James J. Greenwood, Andrew Halinski, Robert B. Heath, Robert H. Hovey Jr., Robert A. Jureller, Stephen P. Kealy, Troy D. Little, Edward J. Marecek, Ronald G. Morse, Paul M. Murray, Anthony Randazzo, Allen Riley, Frederick A. Smith and Steven B. Kruth, Defendants-Cross-Defendants-Appellants-Cross-Appellees, County of Onondaga, Onondaga County Sheriff's Department, Kevin Walsh, Onondaga County Sheriff, in His Official and Personal Capacity, Defendants-Cross-Appellees, James W. McMahon Superintendent of New York State Police, in His Official and Personal Capacity, Town of Onondaga, and the Following Persons in Their Personal and Official Capacities as New York State Troopers, Allen v. Svitak Jr., Michael L. Delorenzo, James A. Armstrong, Mark Williams, Clifford A. Heaslip, Edward C. Fillingham, Kimberly A. Fillingham, Jeffrey D. Raub, Mark Bender, Peter Obrist, Eric D. Parsons, Robin Palmer, Michael Grandy, Thomas Irwin, George Mercado, Frank Jerome, James Rogers, Art Brocolli, John Doe, William M. Agan, William M. Ambler, Donald W. Barker, Mark A. Caporuscio, Michael G. Conroy, Peter A. Kalin, Matthew J. Navin, William J. Armstrong, George M. Atanasoff, David R. Barry, Peter J. Beratta, Steven M. Bourgeois, George W. Brownsell, Robert M. Burney, Rodney W. Campbell, Mary A. Clark, Mark Dembrow, Gerald J. Deruby Jr., Michael L. Downey, Gary W. Duncan, John Evans, John J. Fitzgerald, Robert Gardner, John E. Giddings, Douglas R. Gilmore, Gary L. Greene, Andrew A. Lucey, James Martin, James W. O'brien, Gary Oelkers, Derrick A. O'meara, Richard J. Sauer, Michael H. Scheibel, Gary S. Schultz, Timothy G. Siddall, Robert J. Simpson, Katherine Smith, Jay Strait, Michael R. Tinkler, Michael J. White, Donald M. Dattler, Thomas E. Elthorp, Harrison Greeney, Matthew A. Turrie, Dennis J. Cimbal and Kenneth Kotwas, Defendants-Cross-Defendants

465 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").

Collier v. Clayton County Community Service Board

236 F. Supp. 2d 1345 · District Court, N.D. Georgia · Sep 30, 2002

immunity. … Therefore, all individual defendants are entitled to qualified immunity on plaintiffs § 1983 First Amendment retaliation claim. 29 III.

Gary Wall v. James Wade

741 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.

Wallin v. City of Los Angeles

15 F.3d 1095 · Court of Appeals for the Ninth Circuit · Feb 3, 1994

However, LAPD Officers' contention that they did not violate any clearly established law at best makes the qualified immunity issue a mixed question of law and fact. 3 Because this appeal does not present a purely legal issue … An officer is entitled to qualified immunity even if "the law governing [his] conduct [was] clearly established[,]" so long as "[u]nder that law, ... a reasonable officer [could] have believed the conduct was lawful[.]"

Perry v. Mississippi Department of Child Protection Services

District Court, N.D. Mississippi · Mar 14, 2025

Thomas, 843 F.3d 172, 177 (Sth Cir. 2016) (“Qualified immunity protects officers from suit unless their conduct violates a clearly established constitutional right.”) (quoting Mace v. … Qualified immunity calls for a bifurcated test in which the court must first determine (1) “whether the plaintiff has alleged a violation of a clearly established statutory or constitutional right that was clearly established

Pennington v. Penner

207 F. Supp. 2d 1225 · District Court, D. Kansas · May 9, 2002

The plaintiff maintains the defendant Thuston cannot escape liability on qualified immunity grounds, as he violated clearly established law. … ROBERTS, and CITY OF CHANUTE, KANSAS (Dk. 8) Qualified Immunity “ ‘[Officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established

Rainsberger v. Benner

913 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

Kennedy v. Sgt Francis

District Court, D. South Carolina · Feb 28, 2023

The Supreme Court has established a two-step analysis for qualified immunity claims. See Saucier v. Katz, 533 U.S. 194, 201 (2001). … See Hill, 727 F.3d at 322 (considering the impact of Wilkins on the clearly established law prong of qualified immunity cases).