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  • Cole v. Buchanan County School Board

    328 F. App'x 204 · Court of Appeals for the Fourth Circuit · May 14, 2009

    established prong” of the qualified immunity analysis). … The “clearly established” prong of the qualified immunity analysis turns on “the objective legal reasonableness of the action, assessed in light of the legal rules that were clearly established at the time it was taken

    Cited 9 timesUnpublished
  • McMurry v. Weaver

    142 F.4th 292 · Court of Appeals for the Fifth Circuit · Jun 27, 2025

    Based on the facts supported by the summary judgment record, the McMurrys have established that Weaver’s search was a constitutional violation of clearly established law that defeats qualified immunity. … Romero, 937 F.3d at 522–23 (denying qualified immunity on procedural due process claim in part because Gates and Wernecke clearly established the violation); Gates, 537 F.3d at 435; Wernecke, 591 F.3d at 391 n.7.

    Cited 7 timesPublished
  • Sanders v. District of Columbia

    522 F. Supp. 2d 83 · District Court, District of Columbia · Nov 8, 2007

    Qualified immunity “shields State officials from liability for their discretionary functions ‘insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would … step of the qualified immunity analysis.

    Cited 43 timesPublished
  • Batiste v. City of Beaumont

    421 F. Supp. 2d 1000 · District Court, E.D. Texas · Mar 10, 2006

    in reference to clearly-established law. … Consequently, the court must answer the first prong of the qualified immunity analysis (has plaintiff alleged violation of a clearly established federal right?) in the negative. As such, Lt.

    Cited 1 timesPublished
  • Thomas Hayden Barnes v. Ronald M. Zaccari

    669 F.3d 1295 · Court of Appeals for the Eleventh Circuit · Feb 7, 2012

    We turn now to the second part of the qualified immunity analysis: Was Barnes’s right to this predeprivation process clearly established at the relevant time? 2. … The process due Barnes was also clearly established.

    Cited 88 timesPublished
  • Christopher Cantu v. City of Dothan, Alabama

    974 F.3d 1217 · Court of Appeals for the Eleventh Circuit · Sep 3, 2020

    established, which entitled her to qualified immunity on the federal claim and state agent immunity on the state claim. … That means the same facts that establish an officer is not entitled to qualified immunity “also establish that [she] is not entitled to” state agent immunity. Hunter, 941 F.3d at 1284.

    Cited 102 timesPublished
  • Zahra v. Town Of Southold

    48 F.3d 674 · Court of Appeals for the Second Circuit · Feb 21, 1995

    See Natale, 927 F.2d at 105 ("The threshold issue in determining the applicability of [the] qualified immunity defense is whether [the plaintiffs] had a 'clearly established right' to the permits at issue."); see also Amsden … th[at] 'clearly established' right[ ]."

    Cited 382 timesPublished
  • Siegert v. Gilley

    500 U.S. 226 · Supreme Court of the United States · May 23, 1991

    Once a defendant pleads a defense of qualified immunity, “[o]n summary judgment, the judge appropriately may determine, not only the currently applicable law, but whether that law was clearly established at the time an action … This case demonstrates the desirability of this approach to a claim of immunity, for Siegert failed not only to allege the violation of a constitutional right that was clearly established at the time of Gilley’s actions,

    Reported overruled in part, on other grounds by James v. United States, 550 U.S. 192 (2007) — not on the Supreme Court's listCited 2,571 timesPublished
  • Garcia-Montoya v. State Treasurer's Office

    130 N.M. 25 · New Mexico Supreme Court · Jan 18, 2001

    Qualified immunity “shield[s] [government officials performing discretionary functions] from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of … “clearly established” at the time of the official’s conduct.

    Cited 34 timesPublished
  • Baker v. Matheson

    607 P.2d 233 · Utah Supreme Court · Dec 28, 1979

    establishes that a constitutional provision has been violated. … noncitizens. 7 The doctrine of fundamental rights was first established in Corfield v.

    Cited 32 timesPublished
  • Wiggins v. Greiner

    132 F. App'x 861 · Court of Appeals for the Second Circuit · May 18, 2005

    Wiggins submits that the highlighted language in Roberts clearly establishes that prosecution efforts to locate a witness must be “undertaken prior to trial” to demonstrate good-faith. … Whether the challenged photo display in this case clearly qualifies as a confirmatory identification is an issue of state law not relevant to our habeas review. See Estelle v.

    Cited 7 timesPublished
  • Phillips v. Roane County, Tenn.

    534 F.3d 531 · Court of Appeals for the Sixth Circuit · Jul 25, 2008

    Under the doctrine of qualified immunity, “government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory … Was the Law Clearly Established?

    Cited 963 timesPublished
  • Robert Stewart v. Donald Donges

    915 F.2d 572 · Court of Appeals for the Tenth Circuit · Sep 17, 1990

    The test for qualified immunity is whether defendants violated “clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … Once a defendant raises the defense of qualified immunity as a defense to an action, “[t]he plaintiff carries the burden of convincing the court that the law was clearly established.”

    Cited 257 timesPublished
  • Morris v. ZEFFERI

    601 F.3d 805 · Court of Appeals for the Eighth Circuit · Apr 13, 2010

    Qualified Immunity “Qualified immunity protects a government official from liability in a [42 U.S.C. §] 1983 action unless the official’s conduct violated a clearly established constitutional or statutory right of … To defeat Zefferi’s qualified immunity claim, Morris must show Zefferi potentially violated Morris’s clearly established constitutional right as a pretrial detainee to be free from being transported for ninety minutes in

    Cited 138 timesPublished
  • Young v. City of Providence

    396 F. Supp. 2d 125 · District Court, D. Rhode Island · Nov 2, 2005

    Camilo-Robles, 151 F.3d at 6 . 5 More specifically, “the ‘clearly established’ prong of the qualified immunity inquiry is satisfied when (1) the subordinate’s actions violated a clearly established constitutional right, and … The Second Prong: Clearly Established Law The second prong of the qualified immunity analysis “deals with fair warning; it asks whether the law was clearly established at the time of the constitutional violation.”

    Cited 3 timesPublished
  • Estate of C.A. v. Castro

    547 F. App'x 621 · Court of Appeals for the Fifth Circuit · Nov 25, 2013

    Individual Defendants’ Qualified Immunity State actors sued in their individual capacity under § 1983 are entitled to qualified immunity “insofar as their conduct does not violate clearly established statutory or constitutional … An official “does not lose qualified immunity merely because a certain right is clearly established in the abstract....

    Cited 7 timesPublished
  • Stephen Hopkins v. Anthony Nichols

    37 F.4th 1110 · Court of Appeals for the Sixth Circuit · Jun 16, 2022

    These errors, perhaps understandably, led the district court not to discuss the “clearly established” prong of the qualified immunity as it pertained to the seizure of Mrs. Hopkins. … Hopkins may have amounted to a clearly established constitutional violation. For those reasons, we conclude that the district court properly denied qualified immunity to defendants for the alleged seizure of Mrs.

    Cited 17 timesPublished
  • Elder v. Holloway

    975 F.2d 1388 · Court of Appeals for the Ninth Circuit · Dec 19, 1991

    In opposition to the officers’ motion for summary judgment on qualified immunity, Elder proffered three out-of-state cases to show that the law was clearly established that a warrant was required to make a “constructive entry … On the issue of qualified immunity, Elder argued in the district court that the law was clearly established that an Idaho warrant was required to make a “constructive *1391 entry” over the threshold.

    Reversed by Elder v. Holloway, 510 U.S. 510 (1994)Cited 23 timesPublished
  • Terry A. Veney v. Michael Hogan Carol Hernandez Frank D. Fleischer and Martha Knicely

    70 F.3d 917 · Court of Appeals for the Sixth Circuit · Jan 24, 1996

    For a law to be “clearly established” in the context of qualified immunity, [t]he contours of the right must be sufficiently clear that a reasonable official would understand that what he is doing violates that right. … The trial court need not deny a defendant the right to qualified immunity simply because a complaint adequately alleges violation of clearly established law.

    Abrogated on other grounds by Carlos D. Goad and Robert J. Wuchich v. Betty Mitchell, Jacqui Visintine, and M.A. Gilbert, 297 F.3d 497 (2002)Cited 55 timesPublished
  • Freeman v. Fallin

    422 F. Supp. 2d 53 · District Court, District of Columbia · Mar 3, 2006

    Qualified immunity “shield[s officials] 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.” … contain hidden, and at the time unexpounded, constitutional roadblocks. 9 Accordingly, the plaintiffs’ Fourth Amendment right was not clearly established, Butera, 235 F.3d at 646 , and these defendants are entitled to qualified

    Cited 0 timesPublished

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