Case law

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

Brandy Kane v. Shawn Barger

902 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.

Chalmers v. The City of Chicago

District Court, N.D. Illinois · Mar 16, 2023

established so qualified immunity applies); Singleton v. … Qualified immunity also depends on the resolution of material facts.

Carlos D. Goad and Robert J. Wuchich v. Betty Mitchell, Jacqui Visintine, and M.A. Gilbert

297 F.3d 497 · Court of Appeals for the Sixth Circuit · Jul 25, 2002

Qualified Immunity and Heightened Pleading Requirements In civil suits for money damages, government officials are entitled to qualified immunity for discretionary acts that do “not violate clearly established [federal] statutory … a complaint adequately alleges violation of clearly established law.

Bingham 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.

Fellowship of Christian Athletes v. District of Columbia

District Court, District of Columbia · Feb 3, 2026

in question . . . was clearly established.” … were clearly established.

Calabretta v. Floyd

189 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

Walker v. White

Court 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

Williams 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?

Estate 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.

Francisco Cheveras Pacheco v. Juan M. Rivera Gonzalez

809 F.2d 125 · Court of Appeals for the First Circuit · Jan 13, 1987

Defendants moved for summary judgment on the damages claim on the theory that they had not violated clearly established law and that hence they were entitled to qualified immunity. … The qualified immunity question in this case is whether it was clearly established in 1985 that a transitory employee with only a subjective expectation of permanent employment was entitled to the protections of due process

Stevens v. Sanpete County

640 F. Supp. 376 · District Court, D. Utah · Jan 9, 1986

Reading Harlow literally, it has said that the proper inquiry for determining qualified immunity is simply whether the constitution’s probable cause requirement was clearly established. … Since the probable cause requirement is clearly established, one who makes an arrest without probable cause can never have qualified immunity.

Chapman v. Nichols

989 F.2d 393 · Court of Appeals for the Tenth Circuit · Mar 23, 1993

issue is not unconstitutional and that he is entitled to qualified immunity in any event because the law was not clearly established. 3 Plaintiffs respond that the policy is unconstitutional, that the law was clearly established … Two of the five cases held, as we do here, that the qualified immunity defense must fail in light of clearly established law. See Weber, 804 F.2d at 803-04 ; Jones, 770 F.2d at 742 n. 4.

Hunt v. Sapien

480 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

Putthoff v. Ancrum

934 S.W.2d 164 · Court of Appeals of Texas · Dec 19, 1996

In upholding the district court’s granting of the medical examiners’ motion for summary judgment on the basis of qualified immunity, the court reasoned: Qualified immunity is available to government officials performing discretionary … Furthermore, the elements of official immunity and qualified immunity appear for all practical purposes to be the same.

Mathis v. Bess

767 F. Supp. 558 · District Court, S.D. New York · Jul 15, 1991

To defeat qualified immunity, the rights that plaintiffs assert were violated must have been clearly established in a “particularized sense.” P.C. v. McLaughlin, 913 F.2d 1033, 1039 (2d Cir.1990). … Under these circumstances, the doctrine of qualified immunity protects the stenographers’ discretion.

Opinion No.

Arkansas 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.

Willie 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.

George v. Morris

736 F.3d 829 · Court of Appeals for the Ninth Circuit · Jul 30, 2013

Concluding that the deputies had not argued for its application, the court did not address the second prong of qualified immunity — the clearly established inquiry. … Our decision on the clearly established issue does not prevent the deputies from appropriately raising the second prong of qualified immunity at 1 a subsequent stage in the litigation, such as in a Rule 50 motion for judgment

Franceski 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.