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Court of Appeals for the Sixth Circuit · May 9, 2005
Clearly Established Right Having established that there was a constitutional violation, we turn to the second step of the qualified immunity analysis — whether the constitutional right at issue was clearly established … qualified immunity.
Cited 0 timesPublishedCourt of Appeals for the First Circuit · Sep 10, 2025
established rule forbade the use of force that "occurred" before Miller was "restrained" through "handcuff[s]" (because the officers contest only the clearly established component of the qualified-immunity … established law needed to overcome qualified immunity for the Phase Two conduct.
Cited 0 timesPublished615 F.3d 1278 · Court of Appeals for the Tenth Circuit · Aug 13, 2010
Clearly Established Rights The district court correctly noted that the rights at issue in this case are clearly established. … Because the rights at issue in this case are clearly established, the defendants are only entitled to qualified immunity if, based on the facts as viewed in the light most favorable to Mr.
Cited 76 timesPublished852 F. Supp. 798 · District Court, S.D. Iowa · Apr 13, 1994
Qualified immunity. Defendants assert they are entitled to qualified immunity as to the individual plaintiffs’ claims for damages. … Qualified immunity from liability for civil damages is available if the law as it applied to the relevant facts was not clearly established and if a reasonable official could have believed his or her conduct was lawful.
Cited 6 timesPublishedC.M. v. Southeast Delco School District
828 F. Supp. 1179 · District Court, E.D. Pennsylvania · Jun 29, 1993
In order to obtain qualified immunity, each defendant must show that his conduct did “not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … Finally, defendants are not entitled to qualified immunity, because the kind of abuse alleged by plaintiff is a violation of *1192 clearly established constitutional rights, and because plaintiff makes sufficient allegations
Cited 10 timesPublishedDonald Morgan v. Michael Robinson
920 F.3d 521 · Court of Appeals for the Eighth Circuit · Mar 29, 2019
“The second prong of the qualified immunity analysis asks whether the right in question was ‘clearly established’ at the time of the violation.” Id. at 656. … Having established the facts in the summary judgment record, I now turn to the qualified immunity analysis.
Cited 87 timesPublishedDistrict Court, S.D. Indiana · Jan 10, 2022
A right is clearly established for purposes of qualified immunity where: (1) "a closely analogous case establishes that the conduct is unconstitutional"; or (2) "the violation is so obvious that a reasonable state actor … Ct. 577, 590 (2018) (constitutional right is clearly established for purposes of qualified immunity analysis if "every reasonable official would interpret [then-existing precedent] to establish the particular rule the plaintiff
Cited 0 timesUnknown65 F.3d 347 · Court of Appeals for the Fourth Circuit · Sep 12, 1995
established’ for qualified immunity purposes.” … They do broadly assert that they are entitled to qualified immunity because the right “allegedly violated” was not “clearly established.” Appellants’ Brief at 20 (emphasis added).
Cited 111 timesPublished285 F. Supp. 3d 420 · District Court, District of Columbia · Jan 16, 2018
No principle of qualified immunity will protect them. Second, the undisputed facts of record will not support an invocation of qualified immunity based on the "community caretaking" exception to the Fourth Amendment. … Nevertheless, he concluded that, given the "nebulous" boundaries of the exception, the officers had qualified immunity, as a reasonable officer would not have known, in that factual context, that he was violating a clearly
Cited 6 timesPublished102 F.4th 444 · Court of Appeals for the Seventh Circuit · May 20, 2024
circumstances was ‘clearly established.’” … denying qualified immunity.
Cited 16 timesPublishedDistrict Court, D. Utah · Feb 24, 2022
Jerry Jorgensen is entitled to qualified immunity because Plaintiffs have not shown that his actions violated clearly established law. … As discussed above when addressing qualified immunity,189 the Plaintiffs have not identified any clearly established law that demonstrates that Jorgensen must have known that his actions were clearly unlawful when he took
Cited 0 timesUnknown979 F.3d 65 · Court of Appeals for the First Circuit · Nov 5, 2020
was clearly established. … their conduct was 'clearly established at the time.'"
Cited 90 timesPublishedCorrigan v. District of Columbia
District Court, District of Columbia · Aug 25, 2015
that were clearly established at the time.’” … Glover did not violate any clearly-established right under the Fourth Amendment, all three individual defendants are entitled to qualified immunity under the second prong of the Saucier test.
Cited 0 timesPublished172 Vt. 591 · Supreme Court of Vermont · Jun 8, 2001
Thus, if the official’s conduct does not violate clearly-established rights of which a reasonable person would have known, the official is protected by qualified immunity from tort liability. Cook v. … Assessed in light of these standards, the trial court’s ruling on the issue of qualified immunity was sound.
Cited 11 timesPublished287 F.3d 162 · Court of Appeals for the Second Circuit · Mar 29, 2002
Because the law on that question is not clearly established, the Defendants are entitled to qualified immunity. Therefore, we AFFIRM the district court’s grant of summary judgment in favor of the Defendants. I. … Therefore, Koch cannot point to a “clearly established right” that Lake and Holbrook violated in order to break the officers’ qualified immunity and survive the summary judgment motion. 3.
Cited 163 timesPublished225 F.3d 290 · Court of Appeals for the Third Circuit · Aug 21, 2000
When the defendant violates a clearly established right about which a reasonable person would have known, he is not entitled to qualified immunity. See, e.g., Parkhurst v. … to qualified immunity.
Cited 186 timesPublished987 F.2d 1110 · Court of Appeals for the Fifth Circuit · Mar 25, 1993
As a police officer, Rainey is immune from both suit and liability unless it is shown that, at the time of the incident, he violated a clearly established constitutional right. Salas v. … objectively reasonable in light of clearly established law in 1987.
Cited 129 timesPublished880 F.2d 95 · Court of Appeals for the Eighth Circuit · Jul 24, 1989
DISCUSSION A law enforcement officer is shielded by qualified immunity from civil liability if the officer “[did] not violate clearly established statutory or constitutional rights of which a reasonable person would have … The objective legal reasonableness of the troopers’ conduct must be evaluated in *98 light of law that was clearly established when the arrest occurred. Harlow, 457 U.S. at 818 , 102 S.Ct. at 2738 .
Cited 52 timesPublishedMartha Romero v. City of Grapevine, Texas
888 F.3d 170 · Court of Appeals for the Fifth Circuit · Apr 20, 2018
. § 1983 on the basis of qualified immunity. For the reasons stated below, we AFFIRM. … because the right, defined at a fact specific level, was not clearly established at the time of the violation.
Cited 171 timesPublishedDistrict Court, D. Nevada · Sep 2, 2023
2 court should resolve that threshold question [of qualified immunity] before permitting 3 discovery”); Mitchell v. … Forsyth, 472 U.S. 511, 526 (1985) (holding that when a plaintiff's 4 allegations fail to “state a claim of violation of clearly established law, a defendant pleading 5 qualified immunity is entitled to dismissal
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