Case law

George Cooper, Sr. v. James Sheehan

735 F.3d 153 · Court of Appeals for the Fourth Circuit · Nov 7, 2013

Forsyth, seek to apply clearly established law to a given set of facts, we are properly vested with jurisdiction. See Johnson, 515 U.S. at 313. … As we have explained, “qualified immunity protects officers who commit constitutional violations but who, in light of clearly established law, could

William Thorpe v. Harold Clarke

37 F.4th 926 · Court of Appeals for the Fourth Circuit · Jun 14, 2022

On qualified immunity, it reasoned that “when this suit was filed in May 2019, caselaw had clearly established that the Eighth Amendment prohibited prison officials from depriving inmates of ‘the basic human … They suggest we apply qualified immunity to just that prong, hold that it was not clearly established by 2012 that long-term isolation violated the Eighth Amendment, and dismiss the case before ever reaching

Randy McDaniel v. Markeith Neal

44 F.4th 1085 · Court of Appeals for the Eighth Circuit · Aug 15, 2022

Even if his use of force was excessive, Neal is entitled to qualified immunity unless the excessiveness of the force was clearly established on the date of the incident, August 13, 2017. … The district court denied the officer’s motion for summary judgment on the basis of qualified immunity, and the en banc court reversed, holding that the officer did not violate a clearly established right on May 29, 2014.

Garces Robles v. Ramirez

District Court, W.D. Texas · Jun 25, 2024

Plaintiffs sufficiently plead that the individual Defendants are not entitled to qualified immunity. … Hicks, 81 F.4th at 504 (holding that the right to timely release was clearly established as of 2017).5 “Ultimately, the touchstone is fair warning: The law can be clearly established despite notable factual distinctions

Santiago v. Leik

179 Wis. 2d 786 · Court of Appeals of Wisconsin · Oct 28, 1993

Thus, if at the time the challenged act occurred the law identifying the act as a constitutional violation was not clearly established, qualified immunity protects the official from suit. … The Barnhill court noted that confusion regarding qualified immunity "derives from the level of generality that should be afforded to 'clearly established law' at the time of the alleged unlawful act."

Shaw v. Williams

District Court, N.D. Illinois · Aug 7, 2018

When a defendant invokes qualified immunity, the burden shifts to the plaintiff to show two things: (1) that the defendant violated a statutory or constitutional right; and (2) that the right was “clearly established” at … Ct. at 552 (a plaintiff cannot defeat qualified immunity by defining clearly established law “at a high level of generality”).

District of Columbia v. Evans

644 A.2d 1008 · District of Columbia Court of Appeals · Jul 21, 1994

1988 liability, an officer’s acts must clearly violate a clearly established right. … Deliberately shooting someone without just cause clearly violates the Fourth Amendment, and thus would preclude qualified immunity from § 1983 liability.

Estate of Clemente N. Aguirre v. County of Riverside

29 F.4th 624 · Court of Appeals for the Ninth Circuit · Mar 24, 2022

The Clearly Established Inquiry Because the Najeras have presented facts sufficient to establish a Fourth Amendment violation, we consider the second prong of qualified immunity: whether the law was clearly established … The posture of this interlocutory appeal coupled with clearly established law supports the district court’s denial of qualified immunity. IV.

Patrick Dockery v. Sherrie Blackburn

911 F.3d 458 · Court of Appeals for the Seventh Circuit · Dec 19, 2018

Qualified Immunity A public official is entitled to qualified immunity from suit unless he violated a clearly established constitutional right. Ashcroft v. al-Kidd, 563 U.S. 731, 735 (2011). … Qualified-immunity analysis usually entails a two-step inquiry: we ask (1) whether the facts alleged or shown by the plaintiff establish a violation of a constitutional right, and (2) if so, whether that right was clearly

Haynes v. City of Beaumont

35 S.W.3d 166 · Texas Court of Appeals, 6th District (Texarkana) · Dec 8, 2000

Government officials performing discretionary functions have qualified immunity from liability for actions that do not violate clearly established statutory or constitutional rights of which a reasonable person would have … In practice, whether an official protected by qualified immunity may be held personally liable turns on the objective legal reasonableness of the action assessed in light of clearly established legal rules at the time the

Jacob Pfaller v. Mark Amonette

55 F.4th 436 · Court of Appeals for the Fourth Circuit · Dec 15, 2022

immunity because the right at issue was not clearly established. … was clearly established.

Churchill v. University of Colorado at Boulder

285 P.3d 986 · Supreme Court of Colorado · Sep 10, 2012

Third, we hold that Churchill's bad faith investigation claim is barred by qualified immunity because the Regents' investigation into Churchill's academic record does not implicate a clearly established statutory or constitutional … . 1839 Qualified immunity applies to a public official's conduct when she takes a discretionary action that a reasonable person would not know violates a clearly established constitutional right of the plaintiff.

Torner v. Reagen

437 N.W.2d 553 · Supreme Court of Iowa · Mar 22, 1989

Although that holding became binding on the department, it did not amount to a holding that the legal principle was clearly established so as to deprive the commissioner of qualified immunity. … By no stretch could it be said that Bernice’s right to a termination hearing was clearly established. It follows that the commissioner was entitled to qualified immunity as a matter of law.

Ronnie Gibson, Sr. v. Nicholas Abate

Court of Appeals for the Sixth Circuit · Jul 11, 2025

He claims that we should be wary of dismissing a case under Civil Rule 12(b)(6) based on the clearly established prong of qualified immunity. … There, we answered both questions raised by the officers’ qualified-immunity defense: Did the officers violate the Constitution? And did the caselaw clearly establish the violation when it occurred?

Jose Elizondo v. City of Garland Police Dep

671 F.3d 506 · Court of Appeals for the Fifth Circuit · Feb 14, 2012

West, 662 F.3d 320, 325 (5th Cir.2011), but the same does not hold for an order granting qualified immunity. An order granting immunity can be fully and fairly reviewed after a final judgment. See Thompson v. … To establish the use of excessive force in violation of the Constitution, a plaintiff must prove: “(1) injury, (2) which resulted directly and only from a use of force that was clearly excessive, and (3) the excessiveness

Woods v. Harris County

Court of Appeals for the Fifth Circuit · Mar 19, 2024

We first address whether the district court correctly granted summary judgment in favor of the Deputy on the basis of qualified immunity. … Hudson, 933 F.3d 481, 486 (5th Cir. 2019) (“Because nonprecedential opinions do not establish any binding law for the circuit, they cannot be the source of clearly established law for qualified immunity analysis.”

Grohs v. Yatauro

984 F. Supp. 2d 273 · District Court, D. New Jersey · Nov 20, 2013

The qualified immunity analysis Qualified immunity protects government officials such as Defendants Yatauro and Lanigan from liability for damages as long as their conduct does not violate “clearly established statutory or … Whether the Complaint alleges a constitutional violation that is clearly established for purposes of qualified immunity Grohs’ claim that inadequate hot water at the STU impaired the safety and well-being of its residents

Tate v. Alexander

527 F. Supp. 796 · District Court, M.D. Tennessee · Nov 30, 1981

Some controversy has developed over the years concerning exactly how one can tell that a particular constitutional right has become “clearly established” for purposes of applying qualified immunity for official actions, and … was therefore not clearly established.

Ellison Ex Rel. Estate of Ellison v. Lesher

796 F.3d 910 · Court of Appeals for the Eighth Circuit · Aug 6, 2015

In an interlocutory appeal from an order denying qualified immunity, we have authority to decide the purely legal issue whether the facts alleged by the plaintiff support a claim of violation of clearly established law. … Qualified immunity shields police officers from suit in a § 1983 action unless their conduct violated a clearly established right of which a reasonable official would have known. Harlow v.

Tina Ray v. Michael Roane

948 F.3d 222 · Court of Appeals for the Fourth Circuit · Jan 22, 2020

violation occurred and (2) whether the right violated was clearly established. … Still, even without “directly on-point, binding authority,” qualified immunity is inappropriate if “the 11 right was clearly established based on general constitutional principles