Case law
Opinions from 1658 to today.
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Beverly Spencer v. Sheriff Jonathan Benison
5 F.4th 1222 · Court of Appeals for the Eleventh Circuit · Jul 16, 2021
It found that Benison was not entitled to qualified immunity on Spencer’s individual capacity claims because he “failed to establish that he was acting within the scope of his discretionary authority” when he ordered Spencer … 18-14397 Date Filed: 07/16/2021 Page: 10 of 21 “The doctrine of qualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established
Cited 46 timesPublishedRichard Fields v. City of Philadelphia
862 F.3d 353 · Court of Appeals for the Third Circuit · Jul 7, 2017
Katz, the Supreme Court held that courts must determine whether a constitutional right existed before deciding if it had been “clearly established” such that defendants would not be entitled to qualified immunity. 533 U.S … Government actors are entitled to qualified immunity unless they violated a constitutional right “so clearly established *361 that ‘every reasonable official would have understood that what he is doing violates that right
Cited 150 timesPublished902 F.3d 185 · Court of Appeals for the Third Circuit · Aug 22, 2018
The District Court granted summary judgment in favor of Barger, finding that—even if Barger’s conduct was unlawful—he was still immune from suit under the exacting “clearly established” prong of our qualified immunity analysis … As such, the right was clearly established for purposes of qualified immunity. III.
Cited 57 timesPublishedFellowship of Christian Athletes v. District of Columbia
District Court, District of Columbia · Feb 3, 2026
in question . . . was clearly established.” … were clearly established.
Cited 0 timesPublishedBingham v. City of Manhattan Beach
329 F.3d 723 · Court of Appeals for the Ninth Circuit · May 19, 2003
He posits a novel twist to the “clearly established” inquiry, contending that because it is not clearly established that damages may be obtained under § 1983 for an unlawful traffic stop, qualified immunity should apply. … Rather, in determining whether qualified immunity is available, those cases merely inquire whether the right at issue was clearly established in law.
Cited 14 timesPublished189 F.3d 808 · Court of Appeals for the Ninth Circuit · Aug 26, 1999
They claim qualified immunity on the ground that there is no clearly established principle to the contrary. The principle they urged is too broad. … It is not clear that a conflict among other circuits would create qualified immunity where clearly established law in this circuit would preclude it, 19 but even if it could, these cases would not establish such an open question
Cited 70 timesPublishedDistrict Court, E.D. Michigan · Oct 19, 2020
Fitzgerald, 457 U.S. 800, 818 (1982) (finding that government officials sued in their individual capacity are entitled to seek qualified immunity unless their actions violated "clearly established statutory or … clearly established law.
Cited 0 timesUnknown547 N.W.2d 208 · Supreme Court of Iowa · Apr 17, 1996
agents] 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....” … Creighton, 483 U.S. 635, 640-41 , 107 S.Ct. 3034, 3039-40 , 97 L.Ed.2d 523, 531-32 (1987) (concluding federal bureau of investigation agent is entitled to qualified immunity from money damages lawsuit if he can establish
Cited 46 timesPublishedLybrook v. Members of the Farmington Municipal Schools Board of Education
232 F.3d 1334 · Court of Appeals for the Tenth Circuit · Nov 27, 2000
When qualified immunity is raised in a Fed. R. Civ. P. 12(b)(6) motion, the plaintiff must carry the burden of establishing that the defendant violated clearly established law. Breidenbach v. … We held that Schuler’s free speech right under the First Amendment was sufficiently established that qualified immunity was not available.
Cited 87 timesPublishedWilliams v. Secretary Pennsylvania Department of Corrections
848 F.3d 549 · Court of Appeals for the Third Circuit · Feb 9, 2017
If the right was not clearly established, our inquiry ends and Defendants are entitled to qualified immunity. … Was the Right Clearly Established?
Cited 161 timesPublished932 F.3d 216 · Court of Appeals for the Fourth Circuit · Jul 30, 2019
Because Appellees have alleged facts sufficient to show that the officers violated their clearly established Fourth Amendment and due process rights, we affirm the district court's denial of qualified immunity. I. A. … Qualified immunity protects government officials from liability for violations of constitutional rights so long as they could reasonably believe that their conduct did not violate clearly established law. Harlow v.
Cited 79 timesPublishedEstate Frank P. Lagano v. Bergen County Prosecutors Offi
769 F.3d 850 · Court of Appeals for the Third Circuit · Oct 15, 2014
Mordaga responded that he is entitled to qualified immunity on the state-created danger claims because the Estate failed to establish either a violation of a constitutional right, or that the constitutional right was clearly … The District Court focused on the second prong of the qualified immunity analysis, holding that the constitutional right claimed to have been violated was not clearly established at the time of Lagano’s murder.
Cited 279 timesPublishedAntoine Jones v. Steve Kirchner
835 F.3d 74 · Court of Appeals for the D.C. Circuit · Aug 26, 2016
Qualified immunity depends upon the answers to two questions: (1) Did the officer’s conduct violate a constitutional or statutory right? If so, (2) was that right clearly established at the time of the violation? … Nevertheless, we agree with the district court that the Defendants are entitled to qualified immunity, albeit for a different reason: It was not clearly established in Maryland in 2005 that the Fourth Amendment prohibits
Cited 96 timesPublishedCourt of Appeals for the Tenth Circuit · Oct 27, 2015
The district court dismissed on the ground that the State Defendants were entitled to qualified immunity. See Pearson v. … Callahan, 555 U.S. 223, 231 (2009) (“The doctrine of qualified immunity protects government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional
Cited 0 timesUnpublished514 F. Supp. 2d 482 · District Court, S.D. New York · Aug 15, 2007
Thus, the qualified immunity defense is available, as a matter of law, to all defendants because the right was not clearly established. … All defendants are entitled to summary judgment on the defense of qualified immunity because the right was not clearly established.
Cited 1 timesPublished480 F. Supp. 2d 1271 · District Court, D. Kansas · Mar 29, 2007
No Clearly Established Law Even if Mr. … Hunt had established a constitutional violation sufficient to overcome the first prong of qualified immunity, he has not shown that the right was clearly established at the time he was placed in administrative segregation
Cited 3 timesPublishedArkansas Attorney General Reports · Jan 7, 1993
The court framed the qualified immunity issue as being "whether minor school children suspected of being victims of child abuse had, [at the relevant time] a clearly established right to be free from questioning and visual … The court found no such clearly established right, and found, therefore that the defendants were entitled to qualified immunity and were therefore not liable.
Cited 0 timesPublishedWillie Dixon, Hyon Dixon v. Deputy Sheriff Donald Richer, Deputy Sheriff David Yarbrough
922 F.2d 1456 · Court of Appeals for the Tenth Circuit · May 10, 1991
"Once a defendant raises the defense of qualified immunity `[t]he plaintiff carries the burden of convincing the court that the law was clearly established.'" Powell v. … Under the qualified immunity inquiry, we must next determine whether a reasonable officer could have believed that the conduct in question did not violate clearly established law.
Cited 209 timesPublishedFranceski v. Plaquemines Parish School Board
602 F. Supp. 691 · District Court, E.D. Louisiana · Feb 7, 1985
rights must show that these rights were clearly established at the time of the conduct at issue, in order to overcome a defendant official’s qualified immunity. … Plaintiff has failed to assert a clearly established right which was violated. In this regard, the instant case is indistinguishable from Davis v. Scherer, supra, which is dispositive on the issue of qualified immunity.
Cited 1 timesPublished888 F. Supp. 1041 · District Court, S.D. California · Jun 6, 1995
The Bothke court merely assumed that there is a clearly established right of freedom from abusive tax collection activities for the purposes of dealing with a qualified immunity issue. … A defendant would be immune from suit if he could establish that his actions were objectively reasonable by reference to clearly established law. Harlow v.
Cited 2 timesPublished
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