Case law
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2.65s
500 F.3d 1200 · Court of Appeals for the Tenth Circuit · Sep 11, 2007
Even if the officers’ use of pepper spray was not objectively reasonable, M echam has failed to meet the other requirement necessary to defeat qualified immunity— that the law was clearly established at the time of the … , the officers w ere entitled to qualified immunity because no clearly established law foreclosed the use of force in the circumstances here.
Cited 97 timesPublishedEstate of Ryan L. Clark v. Tina Kuehn
Court of Appeals for the Seventh Circuit · Jul 26, 2017
First, he argues that it is “doubtful” whether cir‐ cuit precedent can clearly establish law for purposes of quali‐ fied immunity. … Finally, Walker argues that the clearly established prohibi‐ tion on deliberate indifference to prisoners’ and jail inmates’ risk of suicide is too general to be enforceable for purposes of qualified immunity.
Cited 0 timesPublishedDistrict Court, S.D. West Virginia · Sep 27, 2019
Qualified immunity protects government officials from civil damages in § 1983 actions “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would … the qualified immunity analysis.
Cited 0 timesUnknownDistrict Court, E.D. Arkansas · Mar 2, 2026
Ernst, 933 F.3d 975, 979 (8th Cir. 2019); Morgan, 920 F.3d at 523 (in determining whether an officer has qualified immunity, courts must answer whether the officer violated a clearly established right). … For all of these reasons, Brown did not violate Nelson’s clearly established rights.
Cited 0 timesUnknownDistrict Court, C.D. Illinois · Mar 29, 2024
and (2) whether the right alleged to have been violated was clearly established. … Liebel, 877 F.3d 346 (7th Cir. 2017) (affirming qualified immunity, and holding that Turner merely creates a generalized framework to analyze claims and cannot create clearly established law
Cited 0 timesUnknown626 F. App'x 453 · Court of Appeals for the Fifth Circuit · Sep 18, 2015
Qualified Immunity Government officials may invoke qualified immunity to shield themselves “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … Clearly Established Law Turning to the second prong of the qualified immunity analysis, we consider whether Helpenstell’s conduct was proscribed by clearly established law at the time of the incident.
Cited 17 timesUnpublished710 F.3d 49 · Court of Appeals for the Second Circuit · Mar 6, 2013
However, since this right was not 28 clearly established at the time of the search, Trottier is 29 entitled to qualified immunity. … immunity if the right 3 he violated was not “clearly established” at the time of the 4 events at issue.
Cited 22 timesPublished910 F.3d 909 · Court of Appeals for the Seventh Circuit · Nov 8, 2018
For the law to be clearly established-the second prong of the qualified immunity analysis-the "existing precedent must have placed the statutory or constitutional question beyond debate." … This same factual dispute also prevents us from concluding, as Officer Minchuk urges, that Strand's clearly established constitutional rights were not violated, the second prong of the qualified immunity inquiry.
Cited 72 timesPublished505 F.3d 203 · Court of Appeals for the Second Circuit · Oct 22, 2007
A defendant will be entitled to qualified immunity if either (1) his actions did not violate clearly established law or (2) it was objectively reasonable for him to believe that his actions did not violate clearly established … Because we believe that, at the time of the search, the law was not clearly established as to whether Sines had authority to consent to a search of the study, Deputies Andreno and Palmer are entitled to qualified immunity
Cited 63 timesPublishedESTATE OF TAVARIS McGUIRE v. BAKER
District Court, S.D. Indiana · Nov 4, 2022
"Qualified immunity attaches when an official's conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known." White v. … The Court then turns to the next question in the qualified immunity analysis which is whether the right at issue was clearly established at the time McGuire was arrested and under the circumstances presented.
Cited 0 timesUnknownMiles LaCross v. City of Duluth
713 F.3d 1155 · Court of Appeals for the Eighth Circuit · May 8, 2013
-3- Qualified immunity shields government officials from liability and the burdens of litigation in a § 1983 action unless the official’s conduct violates a clearly established … Accordingly, Mark is entitled to qualified immunity because he did not violate LaCross’s then clearly established constitutional rights.
Cited 56 timesPublished145 F.3d 1087 · Court of Appeals for the Ninth Circuit · May 29, 1998
"When a law enforcement officer asserts qualified immunity from liability for Fourth Amendment violations, the district court must determine whether, in light of clearly established principles governing the conduct in question … established for purposes of determining whether the officers have qualified immunity. 25 Id. at 1362 .
Cited 31 timesPublishedHolly Schulkers v. Elizabeth Kammer
955 F.3d 520 · Court of Appeals for the Sixth Circuit · Mar 30, 2020
A right is clearly established for purposes of overcoming the qualified immunity defense when existing precedent has “placed the statutory or constitutional question beyond debate.” White v. Pauly, 137 S. … established prong of the qualified immunity analysis.”
Cited 79 timesPublishedDistrict Court, N.D. New York · Mar 24, 2026
Wright, 386 F.3d 432, 434, 436 (2d Cir. 2004) (describing a defendant’s burden of establishing a qualified immunity defense in a Rule 12(b)(6) motion as a “formidable hurdle”). … Sept. 17, 2013) (denying motion to dismiss on qualified immunity grounds where the defendant “only include[d] the legal standard for establishing qualified immunity and, in a conclusory manner, state[d] that the claims
Cited 0 timesUnknownBRASHER v. NEW JERSEY STATE PARK POLICE
District Court, D. New Jersey · Jan 30, 2025
Plaintiff also contends the Officer Defendants are not entitled to qualified immunity because their actions violated his clearly established rights. (Id. at 24–28.) … immunity because no facts demonstrate a violation of clearly established law.
Cited 0 timesUnknownATHEISTS OF FLORIDA v. City of Lakeland, Fla.
779 F. Supp. 2d 1330 · District Court, M.D. Florida · Mar 15, 2011
Qualified Immunity Defendants also urge this Court to dismiss all claims against Lakeland Mayor Gow Fields because, at least according to Defendants, Defendant Fields enjoys qualified immunity from suit. … “Qualified immunity shields government officials who perform discretionary governmental functions from civil liability so long as their conduct does not violate any ‘clearly established statutory or constitutional rights
Cited 10 timesPublishedUnited States v. Abel Casarez-Bravo, D.C. No
181 F.3d 1074 · Court of Appeals for the Ninth Circuit · Jun 22, 1999
B Although the 1986 conviction did not-qualify as a predicate conviction, the district court only needed to find two qualifying predicate convictions for Casarez-Bravo to be considered a career criminal under the Sentencing … United States, 511 U.S. 485 , 114 S.Ct. 1732 , 128 L.Ed.2d 517 (1994). 1 In addition to the statutory definition, we may also examine “ ‘documentation or judicially noticeable facts that clearly establish that the conviction
Cited 56 timesPublishedDistrict Court, N.D. Illinois · Sep 9, 2024
“Qualified immunity attaches when an official’s conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” White v. … That right is clearly established.”); Snukis, 2022 WL 2305697, at *7 (denying qualified immunity at the motion to dismiss stage because “it was clearly established that Snukis had a Fourth Amendment right to prompt medical
Cited 0 timesUnknownEFIRD v. ROCKINGHAM COUNTY SHERIFF SAMUEL SCOTT PAGE
District Court, M.D. North Carolina · Mar 31, 2025
Further, under Fourth Circuit precedent, where an officer is denied qualified immunity, he is likewise not entitled to public official immunity. See Bailey v. … Kennedy, 349 F.3d 731, 742 (4th Cir. 2003) (noting that North Carolina public official immunity is “unavailable to officers who violate clearly established rights”); Cooper v.
Cited 0 timesUnknownDonald Jackson v. Pearl Public School Distr
626 F. App'x 80 · Court of Appeals for the Fifth Circuit · Sep 15, 2015
Although we express no opinion as to whether the school officials’ conduct was constitutionally infirm, we conclude that the school officials are entitled to qualified immunity because it was not “clearly established” in … Qualified immunity shields federal and state officials from money damages unless a plaintiff shows (1) that the official violated a statutory or constitutional right, and (2) that the right was “clearly established” at the
Cited 6 timesUnpublished
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