Case law

Zarkower v. City of New York

District Court, E.D. New York · May 21, 2020

The defendants argue that they are entitled to qualified immunity because the alleged conduct does not violate a clearly established right. I disagree. … Qualified Immunity “A police officer is entitled to qualified immunity from liability for his discretionary actions if either (1) his conduct does not violate clearly established

Cerrone v. Brown

246 F.3d 194 · Court of Appeals for the Second Circuit · Apr 10, 2001

Fields, 230 F.3d 502, 511 (2d Cir. 2000). 15 The district court held that the defendants were not entitled to qualified immunity on summary judgment because (1) the law was "clearly established" at the time of the seizure … I. 17 A police officer is entitled to qualified immunity from liability for his discretionary actions if either (1) his "conduct does not violate clearly established statutory or constitutional rights of which a reasonable

Tuttle v. City Of Oklahoma City

728 F.2d 456 · Court of Appeals for the Tenth Circuit · Feb 28, 1984

Fitzgerald, 457 U.S. 800, 818 , 102 S.Ct. 2727, 2738-9 , 73 L.Ed.2d 396 (1982) (government officials "are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or … immunity"); Pierson v.

Ronald Kincade v. City Of Blue Springs, Missouri

64 F.3d 389 · Court of Appeals for the Eighth Circuit · Oct 12, 1995

"Public officials are entitled to qualified immunity when their 'conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.' " Buzek v. … public employees can never be "clearly established."

Powell v. Shelton

District Court, E.D. Missouri · Oct 19, 2020

Defendants Brown and Shelton are entitled to qualified immunity if their conduct did not “violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … Hayek, 488 F.3d at 1054-55 (upholding qualified immunity for fatal shooting).

Patricia Thorsted Stephanie Thorsted v. Tim Kelly

858 F.2d 571 · Court of Appeals for the Ninth Circuit · Oct 3, 1988

Government officials performing discretionary functions are entitled to qualified immunity unless their conduct violates “clearly established statutory or constitutional rights of which a reasonable person would have known … First, they contend that qualified immunity was unavailable to Kelly because it was clearly established that the fourth amendment prohibited arrests without probable cause and the use of unreasonable force by police.

Aska

District Court, N.D. Illinois · Jan 23, 2026

Although it’s true that qualified immunity provides “ample protection to all but the plainly incompetent or those who knowingly violate the law,” it is clearly established that use of excessive force during an arrest is … City of Albuquerque, 813 F.3d 912, 929 n.9 (10th Cir. 2015) (“A circuit split will not satisfy the clearly established prong of qualified immunity.”) with Williams v.

Gerald L. Naekel v. Department of Transportation, Federal Aviation Administration

850 F.2d 682 · Court of Appeals for the Federal Circuit · Jun 28, 1988

Naekel neither demonstrated that any statute, regulation or collective bargaining agreement mandated his promotion to these levels during the interim period, nor presented facts that would establish a clear entitlement to … Conversely, promotion and back pay are inappropriate if the employee would have been only one of several qualified candidates for the promotion, but the factual record did not clearly establish that the employee would have

Kendoll

District Court, D. Oregon · Mar 26, 2026

whether Gardner is entitled to qualified immunity. … Qualified Immunity Having found that plaintiff’s constitutional rights were not violated, Gardner is also entitled to qualified immunity. See Cuevas v.

(PC) Edwards v. Swarthout

District Court, E.D. California · Apr 25, 2024

Defendant argues, third, he is entitled to qualified 15 immunity because it was not clearly established in 2010 that a modified program based partly … City of Roseville, 9 882 F.3d 843, 856-57 (9th Cir. 2018) (holding that Ninth Circuit precedent is sufficient to meet 10 the “clearly established” prong of qualified immunity).

John Everett Miller v. Herman Solem, Warden, South Dakota State Penitentiary, and Gay Krull

728 F.2d 1020 · Court of Appeals for the Eighth Circuit · Mar 22, 1984

generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … A prisoner has a “clearly established” Eighth Amendment right to be reasonably protected from known dangers of attacks by fellow inmates. Cline v. Herman, 601 F.2d 374, 375 (8th Cir.1979); Gullatte v.

Tammy D. Scarbrough v. Bryant Myles, Jr.

Court of Appeals for the Eleventh Circuit · Mar 29, 2001

Because Hall violated no clearly established 8 Our inquiry in qualified-immunity analysis is whether the government actor's conduct violated clearly established law and not whether an arrestee's conduct … In addressing discretionary-function immunity and qualified immunity, our court has stated that "[u]nder both Alabama law and federal law, the core issue is whether a defendant violated clearly established law."

Johnson v. City of San Antonio

Court of Appeals for the Fifth Circuit · Apr 20, 2023

Jurisdiction & standard of review: “Qualified immunity shields public officials sued in their individual capacities from liability for civil damages insofar as their conduct does not violate clearly established … This is the second step of the qualified-immunity inquiry. See Melton, 875 F.3d at 261 (observing that the plaintiff must show that “the right was ‘clearly established’ at the time of the challenged conduct”).

James Carey v. Nevada Gaming Control Board Gregory Spendlove State of Nevada

279 F.3d 873 · Court of Appeals for the Ninth Circuit · Feb 4, 2002

If we had only the Supreme Court's precedents to guide us, we might also conclude that the right was not clearly established. … We think this is sufficient to clearly establish the right in our circuit.

Bustos v. Martini Club, Inc.

599 F.3d 458 · Court of Appeals for the Fifth Circuit · Mar 5, 2010

wrong.” 14 We must determine if the Texas Supreme Court decision renders Meadours clearly wrong. … Lyford, 243 F.3d 185, 191 n.18 (5th Cir. 2001) (explaining that a municipality may be liable if a plaintiff states a claim against an official but the official is protected by qualified immunity). 51 Curley

KELLEY v. REYES

District Court, D. New Jersey · Oct 1, 2025

That is not how qualified immunity works. Qualified immunity is determined on a claim-by-claim basis, See Behrens v. … Pa, 2018) (“It would be strange to say that right X is clearly established just because right Y is clearly established and happens to prohibitthe same conduct.”), On this basis alone, reconsideration is improper

Watkins v. City of Oakland

145 F.3d 1087 · Court of Appeals for the Ninth Circuit · May 29, 1998

Although the use of excessive force in effecting an arrest is a clearly established violation of the Fourth Amendment, Watkins’ legal right cannot be so general as to allow him to “convert the rule of qualified immunity . … established for purposes of determining whether the officers have qualified immunity.

Rombach v. Culpepper

Court of Appeals for the Fifth Circuit · Jul 13, 2021

a clearly established constitutional right.” … Sheehan, 575 U.S. 600, 613 (2015) (“Qualified immunity is no immunity at all if ‘clearly established’ law can simply be defined as the right to be free from unreasonable searches and seizures.”).

Nelson Edwards v. Michael Jolliff-Blake

Court of Appeals for the Seventh Circuit · Nov 1, 2018

  that  constitutional  right  was  clearly  established  at  the  time  of  the  alleged  violation.”  …   immunity);  Junkert,  610 F.3d at 370 (concluding officers were entitled to qualified  immunity based on  their reasonable  belief that  the  affidavit  established probable cause even though it left “much to be de‐ sired”)

Wynn-Thomas v. Dempsey

District Court, D. Nebraska · Jul 20, 2022

QUALIFIED IMMUNITY Qualified immunity shields officials from civil liability in a 42 U.S.C. §1983 action when their conduct “does not violate clearly established statutory or … “Qualified immunity is an affirmative defense for which the defendant carries the burden of proof. The plaintiff, however, must demonstrate that the law is clearly established.” Sparr v.