Case law

Randell v. Davis

986 F.2d 1419 · Court of Appeals for the Fifth Circuit · Feb 17, 1993

Reichle v. Howards

566 U.S. 658 · Supreme Court of the United States · Jun 4, 2012

Judge Paul Kelly dissented from the court’s denial of qualified immunity. … S. 223, 236 (2009), we held that courts may grant qualified immunity on the ground that a purported right was not “clearly established” by prior case law, without resolving the often more difficult question whether the purported

Branch v. Carroll County, Mississippi

District Court, N.D. Mississippi · Sep 22, 2020

“A plaintiff must make a two-part showing to overcome a qualified immunity defense. … Summary Against the defendants’ good faith assertion of qualified immunity, Branch failed to establish a constitutional violation.

Town of Port Deposit v. Petetit

113 Md. App. 401 · Court of Special Appeals of Maryland · Jan 30, 1997

Whether a defendant possesses a qualified immunity is ultimately an issue of law for the court to determine. … of an absolute immunity defense or a Harlow type of qualified immunity defense; the issues would be legal ones.

Drumgold v. Callahan

707 F.3d 28 · Court of Appeals for the First Circuit · Jan 31, 2013

Qualified Immunity Callahan argues that, even if the evidence he withheld was material, he is entitled to judgment as a matter of law on the basis of qualified immunity because it was not clearly established at the time of … Qualified immunity is an affirmative defense.

Via, Tonisha v. LaGrand, Sandra

Court of Appeals for the Seventh Circuit · Nov 17, 2006

See Jones, 425 F.3d at 460 (holding that a defendant is entitled to qualified immunity if the alleged constitutional right was not clearly established at the time of the alleged violation). … was not yet clearly established at the time of the investigation of Via.”

Johnson, A., Aplt. v. Wetzel, J.

Supreme Court of Pennsylvania · Oct 1, 2020

“The doctrine of qualified immunity protects government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … Rickard, 572 U.S. 765, 778 (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

Price v. Federal Express Corp.

283 F.3d 715 · Court of Appeals for the Fifth Circuit · Mar 12, 2002

Second, he argues that by presenting evidence that he is clearly better qualified than Paone, he has effectively established pretext. … clearly))more qualified for the subject job.”

Cheryl James v. Wilkes Barre City

700 F.3d 675 · Court of Appeals for the Third Circuit · Nov 29, 2012

III The doctrine of qualified immunity insulates government officials who are performing discretionary functions ―from liability for civil damages insofar as their conduct does not violate clearly established statutory … The Supreme Court has established a two-part analysis that governs whether an official is entitled to qualified immunity. Saucier v. Katz, 533 U.S. 194, 201 (2001).

Williams v. Mehra

186 F.3d 685 · Court of Appeals for the Sixth Circuit · Aug 4, 1999

“Mitchell clearly establishes that an order rejecting the defense of qualified immunity at either the dismissal stage or the summary-judgment stage is a ‘final’ judgment subject to immediate appeal.” Behrens v. … Qualified Immunity “Government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional

Belsito Communications, Inc. v. Decker

845 F.3d 13 · Court of Appeals for the First Circuit · Dec 23, 2016

ISSUES INVOLVING BLACKDEN On the qualified-immunity front, our combatants battle over whether Trooper Decker violated clearly-established Fourth- and First-Amendment law. … At qualified-immunity's second step, Blackden must show that clearly-established law in August 2010 would have put Trooper Decker on clear notice of his potential First-Amendment liability.

David C. Skrtich v. Timothy Alvin Thornton

280 F.3d 1295 · Court of Appeals for the Eleventh Circuit · Jan 29, 2002

Qualified immunity protects government officials acting within their discretionary functions from liability for civil damages as long as their conduct does not violate clearly established statutory or constitutional rights … Layne, 526 U.S. 603, 615 , 119 S.Ct. 1692 , 143 L.Ed.2d 818 (1999) (" 'clearly established' ” for purposes of qualified immunity does not mean that “ 'an official action is protected by qualified immunity unless the very

Denno v. School Board of Volusia County

182 F.3d 780 · Court of Appeals for the Eleventh Circuit · Jul 26, 1999

QUALIFIED IMMUNITY FOR THE INDIVIDUAL DEFENDANTS Qualified immunity shields government officials from both suit and liability if their conduct violates no clearly established right of which a reasonable person would … As indicated in our elaboration above of the qualified immunity standard, pre-existing law must clearly establish the alleged constitutional right.

Martinez v. Texas Workforce Commission-Civil Rights Division

775 F.3d 685 · Court of Appeals for the Fifth Circuit · Dec 30, 2014

We have held that a plaintiff may establish pretext by demonstrating that he was “clearly better qualified” such that “the qualifications are so widely disparate that no reasonable employer would have made the same decision … Indeed, an employee’s “better education, work experience, and longer tenure with the company do not establish that he is clearly better qualified.” Price, 283 F.3d at 723.

Geils v. Patin

941 F. Supp. 2d 722 · District Court, N.D. Texas · Sep 25, 2012

Qualified Immunity Under the doctrine of qualified immunity, “government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly … The clearly established requirement “does not mean that officials’ conduct is protected by qualified immunity unless the very action in question has previously been held unlawful.” Cantrell v.

Doe v. Whelan

Court of Appeals for the Second Circuit · Oct 17, 2013

Such a state official is entitled to qualified immunity from actions under 42 U.S.C. § 1983 “unless the official's conduct violated a clearly established constitutional right.” Pearson v. … Where the law is clearly established, “a caseworker is . . . entitled to qualified immunity if officers of reasonable competence could disagree on the legality of the action at issue in its particular factual context.”

Jean v. Collins

221 F.3d 656 · Court of Appeals for the Fourth Circuit · Aug 15, 2000

Randall Martin v. Robert Goldsmith

Court of Appeals for the Seventh Circuit · Dec 31, 2025

Qualified immunity protects government officials from civil liability to the extent that their conduct does not violate a clearly established statutory or constitutional right to which a reasonable person would have known … To overcome the defense of qualified immunity, Martin must show (1) the defendants violated a constitutional right and (2) the right was clearly established at the time of the challenged conduct. Doe v.

John M. Gainor v. Scott Rogers City of Moorhead, a Minnesota Municipality and John Doe

973 F.2d 1379 · Court of Appeals for the Eighth Circuit · Oct 9, 1992

qualified immunity. … Mitchell once again makes clear what the court’s objective analysis should be on such a motion: Unless the plaintiff’s allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity

Cruz v. City of Laramie

239 F.3d 1183 · Court of Appeals for the Tenth Circuit · Feb 15, 2001

Clearly Established Law The district court also found, in applying the second part of the test, that the constitutional right allegedly violated was clearly established and that defendants acted unreasonably. … While the federal qualified immunity standard focuses on whether a right was clearly established such that the officers would know their conduct violated that right, state law immunity in Wyoming requires that the officers