Case law

Ash-har Quraishi v. Deputy Michael Anderson

986 F.3d 831 · Court of Appeals for the Eighth Circuit · Jan 28, 2021

Qualified immunity shields Anderson from civil damages liability if his conduct does not violate “clearly established statutory or constitutional rights of which a reasonable person would have known.” See Harlow v. … Anderson insists that the law was not clearly established at the time of his alleged misconduct.

Lincoln v. Maketa

880 F.3d 533 · Court of Appeals for the Tenth Circuit · Jan 17, 2018

Qualified Immunity The doctrine of qualified immunity protects officials from civil liability as long as they do not “‘violate clearly established statutory or constitutional rights of which a reasonable person would … City of Albuquerque, 813 F.3d 912, 929 n.9 (10th Cir. 2015) (“A circuit split will not satisfy the clearly established prong of qualified immunity.”).

Rios v. Jenkins

390 F. Supp. 3d 714 · District Court, W.D. Virginia · Jul 15, 2019

The doctrine of qualified immunity shields government officials from *723 civil damages liability "so long as their conduct 'does not violate clearly established statutory or constitutional rights of which a reasonable person … Accordingly they "cannot be considered in deciding whether particular conduct violated clearly established law for purposes of adjudging entitlement to qualified immunity." Booker v. S.C.

Cox v. Wilson

971 F.3d 1159 · Court of Appeals for the Tenth Circuit · Aug 19, 2020

In concluding that Wilson was entitled to qualified immunity, the panel relies solely on the second prong of the qualified immunity inquiry—whether the constitutional right violated “was clearly established at the time … Yet the Pauly officers were protected by qualified immunity because of the absence of clearly established law prohibiting their conduct.

Russo v. City of Cincinnati

953 F.2d 1036 · Court of Appeals for the Sixth Circuit · Jan 15, 1992

In response, all three officers assert qualified immunity. Pierson v. Ray, 386 U.S. 547 , 87 S.Ct. 1213 , 18 L.Ed.2d 288 (1967), established that police officers enjoy qualified immunity from suits brought under § 1983. … overcome a qualified immunity claim.

Word of Faith Fellowship, Inc. v. Rutherford County Department of Social Services

329 F. Supp. 2d 675 · District Court, W.D. North Carolina · Jun 10, 2004

The alleged threats and harassment clearly constitute injuries to Plaintiffs. Therefore, Plaintiffs have properly alleged a cause of action under 42 U.S.C. § 1985 (3). D. Qualified immunity. … toward constitutional rights, those rights must be clearly established.

Matusak v. Daminski

Court of Appeals for the Second Circuit · Jan 29, 2026

Qualified Immunity Framework Qualified immunity shields government officials from liability for civil damages if “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … Murphy and Unterborn are therefore entitled to qualified immunity. 8 8 Our case law would still permit us to conclude that the officers are entitled to qualified immunity even if the law was clearly established in the

P.B. v. Koch

96 F.3d 1298 · Court of Appeals for the Ninth Circuit · Sep 27, 1996

Koch moved for qualified immunity, contending that his. conduct did not violate clearly established constitutional rights. … Determining whether a public official is entitled to qualified immunity “requires a two-part inquiry: (1) Was the law governing the state official’s conduct clearly established?

Thomas ex rel. Thomas v. Roberts

323 F.3d 950 · Court of Appeals for the Eleventh Circuit · Mar 10, 2003

The “clear” requirement stems from the fact that the purpose of qualified immunity is to protect government officials performing discretionary functions from civil liability when their actions violate no “clearly established … Plaintiffs insist that “consensus or persuasive authority” from other circuits may create clearly established law.

Mastroianni v. Bowers

160 F.3d 671 · Court of Appeals for the Eleventh Circuit · Nov 13, 1998

Second, appellants contend that even if absolute 3 immunity does not protect them, they are entitled to qualified immunity because they did not violate any clearly established … Qualified immunity A.

Johnson v. City of Fayetteville

91 F. Supp. 3d 775 · District Court, E.D. North Carolina · Mar 4, 2015

Qualified immunity provides government officials with immunity from suit for money damages “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable officer would … Nor can the court answer the second qualified immunity inquiry — whether the right was clearly established at the time of the official’s conduct — in Officer Koehler’s favor. Messerschmidt v.

Karen Kennedy v. Los Angeles Police Department City of Los Angeles James J. King Stanley A. Schott

887 F.2d 920 · Court of Appeals for the Ninth Circuit · Oct 11, 1989

They advance two bases to support this contention: *923 (1) that probable cause to arrest was established as a matter of law; and (2) that they were entitled to qualified immunity as a matter of law. … Our preceding discussion about the obvious lack of probable cause is dispositive of the qualified immunity question.

Art Rojas v. City of Ocala, Florida

40 F.4th 1347 · Court of Appeals for the Eleventh Circuit · Jul 22, 2022

Hale’s “contact is sufficient to establish the personal and in- dividualized injury necessary for standing.” Pelphrey, 547 F.3d at 1280. … Be- cause the district court and the parties believed that Lemon was still shuffling about at the time, the court applied it in concluding that there was an Establishment Clause violation in this case.

Alabama Ex Rel. Graddick v. Veterans Administration

648 F. Supp. 1208 · District Court, M.D. Alabama · Nov 7, 1986

The federal defendant, VA, also raises the issue of sovereign immunity. … of such agencies, Congress’ intention to waive sovereign immunity could not be more clearly established.

Driever v. United States of America

District Court, District of Columbia · May 14, 2021

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 rights of which a reasonable … Jan. 15, 1997). 7 was clearly established for qualified-immunity purposes.” Daugherty v. Sheer, 891 F.3d 386, 390 (D.C. Cir. 2018) (cleaned up).

Brennan v. Hobson

470 U.S. 1084 · Supreme Court of the United States · Mar 25, 1985

Dennis O'Connor v. Rachael Eubanks

83 F.4th 1018 · Court of Appeals for the Sixth Circuit · Oct 6, 2023

Qualified immunity protects Eubanks and Stanton unless “(1) they violated a federal statutory or constitutional right, and (2) the unlawfulness of their conduct was clearly established at the time.” Dist. of Columbia v. … First, Vicory’s focus on individual liability supplies the wrong inquiry for qualified immunity. Under the “clearly established” prong, we should ask “what happened,” not “whom can you sue.”

Stump v. Gates

986 F.2d 1429 · Court of Appeals for the Tenth Circuit · Feb 11, 1993

Appellant's App., doc. 11 at 2-3. 7 In reviewing the grant or denial of qualified immunity, this court must "determine whether defendants violated 'clearly established statutory or constitutional rights of which a reasonable … The parties naturally characterize the qualified immunity issue differently.

Reher v. Vivo

656 F.3d 772 · Court of Appeals for the Seventh Circuit · Sep 7, 2011

right at issue was clearly established at the time that the alleged violation occurred. … The relevant inquiry in determining whether a right is clearly established is whether it would have been clear to a reasonable officer that his conduct was unlawful in the situation the officer confronted.

Sims v. Griffin

35 F.4th 945 · Court of Appeals for the Fifth Circuit · Jun 1, 2022

We have explained the qualified-immunity inquiry many times. … Powell clearly established Qualls’s rights.