Case law

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.

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.

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.

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)).

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).

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.

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.”

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.

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.

Riley v. Newton

94 F.3d 632 · Court of Appeals for the Eleventh Circuit · Sep 11, 1996

"For the law to be clearly established to the point that qualified immunity does not apply, the law must have earlier been developed in such concrete and factually defined context to make it obvious to all … ("For the law to be clearly established to the point that qualified immunity does not apply, the law must [be] concrete and factually defined....") (quoting Anderson v.

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.

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.

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.

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

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

Henry Benitez v. D. Wolff, J. Kihl

985 F.2d 662 · Court of Appeals for the Second Circuit · Feb 3, 1993

The court also ruled that if defendants had violated Beni-tez’s right to due process, they were entitled to qualified immunity because the specific right infringed was not “ ‘clearly established’ at the time of the alleged … Qualified Immunity The doctrine of qualified immunity shields state officials from liability for damages if their actions did not violate “clearly established statutory or constitutional rights of which a reasonable person

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

In the Interest of J.L.W.

523 N.W.2d 622 · Court of Appeals of Iowa · Aug 25, 1994

Clearly, actions speak louder than words. Intent can be shown through conduct. Michael has established a record of complete disregard for J.L.W.’s welfare: no visits, no financial support, no cards, letters, or gifts. … We also determine this is established by clear and convincing evidence.