Case law

Jones v. City of North Las Vegas

Court of Appeals for the Ninth Circuit · Mar 6, 2026

Because defendants lacked an exigent circumstance to search plaintiffs’ yard under clearly established law at the time of the incident, they were not entitled to qualified immunity. … Under these standards, the Defendant Officers are clearly entitled to qualified immunity.

Kelson v. Clark

1 F.4th 411 · Court of Appeals for the Fifth Circuit · Jun 17, 2021

a qualified immunity defense with equal specificity.” … As to the second prong of qualified immunity, we consider whether Fletcher’s constitutional rights were clearly established at the time plaintiffs allege that he was denied treatment.

Morris v. Clifford

903 F.2d 574 · Court of Appeals for the Eighth Circuit · May 16, 1990

Defendants appeal from the district court’s 1 denial of their motion for summary judgment on qualified immunity grounds. … The sole issue before us is whether defendants are entitled to qualified immunity from individual liability as a matter of law.

Raul De La Rosa v. Mark White

852 F.3d 740 · Court of Appeals for the Eighth Circuit · Mar 27, 2017

To be clearly established for qualified immunity purposes, “[t]he contours of the right must be sufficiently clear that a reasonable official would understand that what he is doing violates that right.” Anderson v. … In recent years, the Supreme Court has repeatedly reversed decisions denying qualified immunity where lower courts “misunderstood the ‘clearly established’ analysis.” White v. Pauly, 137 S. Ct. 548, 552 (2017).

Martha Derda v. Brighton, Colorado, City Of, and Ted Anderson

53 F.3d 1162 · Court of Appeals for the Tenth Circuit · Apr 28, 1995

Anderson’s motion for summary judgment on qualified immunity grounds. … DISCUSSION Under the doctrine of qualified immunity, “government officials performing discre *1164 tionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly

Michael Handt v. Steve Koffron

681 F.3d 939 · Court of Appeals for the Eighth Circuit · Jun 14, 2012

clearly established at the time he was taken into custody. … was clearly established at the time of the deprivation.”

Luna v. Thurien

129 F. App'x 381 · Court of Appeals for the Ninth Circuit · Apr 27, 2005

If so, we must then determine whether that right was clearly established at the time of the incident. Id. … Because the facts construed in Luna’s favor establish a violation of Lima’s clearly established rights under the Fourteenth Amendment, Thurien is not entitled to qualified immunity.

Jacquelin K. Lindsey v. Donald L. "Pat" Shalmy, Clark County Manager, and Cliff Rives

29 F.3d 1382 · Court of Appeals for the Ninth Circuit · Jul 14, 1994

DISCUSSION I The doctrine of qualified immunity protects government officials performing discretionary functions from civil liability when their conduct does not violate clearly established statutory or constitutional rights … .clearly established by 1988.

Nemeckay v. Rule

894 F. Supp. 310 · District Court, E.D. Michigan · Jul 31, 1995

action is a violation) violates a clearly established right. … Here, an analysis of the law and the circumstances clearly operate in favor of qualified immunity. Under existing law, excessive force does not generally manifest itself in the form on a nonfeasance or negligence.

Wilson v. Layne

141 F.3d 111 · Court of Appeals for the Fourth Circuit · Apr 8, 1998

Furthermore, the district court refused to accept the officers’ alternative argument that, at a minimum, they were entitled to qualified immunity because in April 1992, the law was not clearly established that permitting … Talladega City Bd. of Educ., 115 F.3d 821 , 826 n. 4 (11th Cir.1997) (en banc) (explaining that “the law can be ‘clearly established’ for qualified immunity purposes only by decisions of the U.S.

Rogers v. Miller

57 F.3d 986 · Court of Appeals for the Eleventh Circuit · Jun 22, 1995

Qualified, or "good faith" immunity shields government officials from liability for civil damages arising out of the performance of their discretionary functions "insofar as their conduct does not violate clearly established … We hold only that the defendants are immune from damages because no caselaw existing at the time of these events clearly established that such conduct, under the circumstances, constituted "adverse employment action" prohibited

Yorzinski v. Alves

477 F. Supp. 2d 461 · District Court, D. Connecticut · Feb 16, 2007

to the warrant requirement, they are entitled to qualified immunity for their actions -as the law regarding protective sweeps was not clearly established at the time of the search, July 2000, and that, in any event, *469 … Mar. 7, 2006) (rejecting defendants' qualified immunity argument on ground that "there is no Connecticut precedent establishing the same qualified immunity defense available under § 1983 for Connecticut constitutional violations

Rupe v. Cate

688 F. Supp. 2d 1035 · District Court, E.D. California · Feb 1, 2010

Qualified Immunity Defendants claim that they are entitled to qualified immunity and so Plaintiffs’ constitutional claims should be dismissed. … Because the Complaint does not clearly show that Defendants are entitled to qualified immunity, the Court will not entertain that defense now, but Defendants may renew it on any motion for summary judgment. III.

Felix Delgado-Brunet v. John L. Clark, Warden, Usp-Marion, Wayne D. Hilliard, Roger Baxter, and Roland Beckman

93 F.3d 339 · Court of Appeals for the Seventh Circuit · Aug 15, 1996

Finally, Hilliard moved for summary judgment on grounds of qualified immunity and the lack of any facts tending to show deliberate indifference for purposes of the Eighth Amendment. … The second requires consideration of the standards for Eighth Amendment claims and for assertions of qualified immunity. Our review of both questions is de novo. Farmer v.

Polk v. District of Columbia

121 F. Supp. 2d 56 · District Court, District of Columbia · Oct 26, 2000

When the defendant violates a clearly established right of which a reasonable person should have known, he is not entitled to qualified immunity. … Valdes nevertheless may be entitled to qualified immunity if the right he allegedly violated was not “clearly established” at the time the violation occurred.

Duluth News-Tribune v. Medure

808 F. Supp. 671 · District Court, D. Minnesota · Aug 13, 1992

Qualified Immunity Government officials are shielded from liability under § 1983 in the performance of discretionary functions “insofar as their conduct does not violate clearly established statutory or constitutional rights … For qualified immunity purposes, “clearly established” law means “[t]he contours of the right [in question] must be sufficiently clear that a reasonable official would understand that what he is doing violates that right.

Joseph J. O'Brien v. City of Grand Rapids William Hegarty Daniel Ostapowicz

23 F.3d 990 · Court of Appeals for the Sixth Circuit · Jul 18, 1994

Plaintiff O’Brien responds that his right to be free from an unreasonable search is clearly established and that defendants were not entitled to qualified immunity because no rational officer would have concluded that exigent … To determine whether qualified immunity protects Hegarty and Ostapowicz,' we must inquire: 1) whether O’Brien identified a clearly established right alleged to have been violated; and 2) whether a reasonable police officer

F.E. Trotter, Inc. v. Watkins

869 F.2d 1312 · Court of Appeals for the Ninth Circuit · Mar 10, 1989

were not clearly established at the time of the alleged violation. … Since no cases have so held, the violation was not clearly established, thus immunizing Navy appellees.

Felders v. Malcom

755 F.3d 870 · Court of Appeals for the Tenth Circuit · Jun 20, 2014

to qualified immunity.” … ) -26- violated clearly established law. Malcom therefore cannot show that no factual disputes stand between him and qualified immunity.

Hansen v. Cannon

26 F. App'x 555 · Court of Appeals for the Seventh Circuit · Dec 18, 2001

But qualified immunity does not shield public officials from discovery entirely. … purpose of addressing the issue of qualified immunity.