Case law

Ecclesiastical Order of the Ism of Am, Inc. v. Chasin

845 F.2d 113 · Court of Appeals for the Sixth Circuit · Apr 18, 1988

clearly established law and the information the official possessed. 483 U.S. at -, 107 S.Ct. at 3040 , 97 L.Ed.2d at 532 . … Applying this standard of qualified immunity, the district court correctly found that none of the actions taken by the defendants violated any of the plaintiffs’ clearly established constitutional or statutory rights.

Farmer v. Perrill

288 F.3d 1254 · Court of Appeals for the Tenth Circuit · May 3, 2002

When a § 1983 defendant raises the defense of qualified immunity on summary judgment, the plaintiff must show the law was clearly established when the alleged violation occurred and must come forward with … sufficient facts to show the official violated that clearly established law.

Willie Flowers v. Nicholas Renfro

46 F.4th 631 · Court of Appeals for the Seventh Circuit · Aug 19, 2022

“Because qualified immunity pro- tects the public officer from the expense and distraction of having to stand trial when the conduct in question did not vi- olate clearly established law, the unavailability of an immedi- … If a determination of qualified immunity in a summary judgment motion depends on the resolution of fact questions, the order denying qualified immunity generally is not appeal- able. Johnson v.

Nathan Rinne v. Greg Hasty

140 F.4th 470 · Court of Appeals for the Eighth Circuit · Jun 9, 2025

record violated a clearly established federal right.” … There are factual disputes as to these issues, and “[i]n order for us to reach [the Commissioners’] ‘legal argument’ that [they] . . . did not violate clearly established law, we would have to exceed our jurisdiction . .

Florance v. Buchmeyer

500 F. Supp. 2d 618 · District Court, N.D. Texas · Jul 31, 2007

To determine whether a defendant is entitled to qualified immunity, the threshold question is whether, on the facts as alleged by plaintiff, a clearly established constitutional right would have been violated. … In addressing a claim of qualified immunity, a court must first determine whether the plaintiff has alleged a violation of a clearly established constitutional right, which is a purely legal question. Siegert v.

Advanced Bldg. & Fabrication, Inc. v. Cal. Highway Patrol

918 F.3d 654 · Court of Appeals for the Ninth Circuit · Mar 13, 2019

Honan contends that Ayers violated clearly established law by participating in the search. We agree. … DISCUSSION To survive a claim of qualified immunity, the plaintiff must show: "(1) that the right was violated; and (2) that the right was clearly established at the time of the alleged misconduct." Isayeva v.

Gregory Lambert, as Administrator of the Estate of Harrison Lambert v. Town of Merrimack, et al.

2019 DNH 053 · District Court, D. New Hampshire · Aug 6, 2018

Where, as here, the movant raises a qualified immunity defense, the nonmoving party has the burden of demonstrating that the law was clearly established during the relevant time period. See Mitchell v. … Construed generously, the Estate's objection contains citations to six decisions bearing on the clearly established prong of qualified immunity.

Shawna Hess v. Carol Abels

714 F.3d 1048 · Court of Appeals for the Eighth Circuit · Apr 26, 2013

If it was not clearly established, regardless of whether Hess has articulated a constitutional violation, the City employees are entitled to qualified immunity. See Livers v. … There are two primary obstacles to Lesher’s capacity to serve as clearly established law for the purposes of this qualified immunity analysis.

Wright v. Rolette County

417 F.3d 879 · Court of Appeals for the Eighth Circuit · Aug 8, 2005

If the answer is no, we grant qualified immunity. If the answer is yes, we go on to determine "whether the right was clearly established." Id. … I write separately in regards to section III.D.2 of the opinion, which discusses the clearly established prong of the qualified immunity inquiry.

Jessica McKee v. Jessica Brady

Court of Appeals for the Eighth Circuit · Aug 17, 2026

“Government officials performing discretionary functions are entitled to qualified immunity unless they violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … We therefore conclude that Brady is entitled to qualified immunity.

Sheck Mulbah v. Cody Jansen

55 F.4th 1164 · Court of Appeals for the Eighth Circuit · Dec 22, 2022

The district court found a genuine dispute of material fact about whether there was probable cause to stop the van and also found the law governing the stop was clearly established. … Similarly, to determine whether Jansen violated clearly established law, we need to know what happened.

Morgan v. Stringer

945 F. Supp. 1129 · District Court, N.D. Illinois · Nov 12, 1996

established constitutional right at the time that they acted (consistently with that reason for the rule, Harlow, id. at 818, 102 S.Ct. at 2738 stressed the notion that motions for summary judgment on qualified immunity … The principles of qualified immunity that we reaffirm today require that Anderson be permitted to argue that he is entitled to *1132 summary judgment on the ground that, in light of the clearly established principles governing

KOSHNICK v. LYNOTT

District Court, D. New Jersey · Oct 15, 2021

Judicial immunity was established to permit judges to render decisions “with independence and without fear of consequences.” Pierson v. … App’x 645 (3d Cir. 2005) (“The § 1983 qualified immunity analysis applies equally to claims brought against public officials under § 1985; if an official is immune from suit under § 1983, that official also is immunized

Bolden v. Village of Monticello

344 F. Supp. 2d 407 · District Court, S.D. New York · Nov 4, 2004

Qualified Immunity Qualified immunity shields a public official from civil liability when his conduct “does not violate a clearly established statutory or constitutional right.” Richardson v. … As noted above, a police officer is entitled to qualified immunity if (1) his conduct does not violate clearly established constitutional rights, or (2) it was objectively reasonable for the officer to believe his conduct

Kenneth Bailey v. Shawn T. Swindell

940 F.3d 1295 · Court of Appeals for the Eleventh Circuit · Oct 16, 2019

,” and qualified immunity applies. … established’ step of the qualified-immunity analysis.”

Lee v. Brown

232 N.J. 114 · Supreme Court of New Jersey · Feb 21, 2018

The panel held that they were entitled only to qualified immunity. … The TCA effectuates the Legislature's intent to establish immunity for government action as the rule and liability as the exception.

Billy J. Hale v. Carl Townley, Billy J. Hale v. Carl Townley

45 F.3d 914 · Court of Appeals for the Fifth Circuit · Mar 23, 1995

If disputed factual issues material to qualified immunity are present, the district court’s denial of summary judgment sought on the basis of qualified immunity is not appealable. Feagley v. … An official’s conduct is protected by qualified immunity if, in light of legal rules that were clearly established at the time of the' action, it was objectively reasonable.

Julian C. Lee v. Jake Gregory, United States of America, and the Federal Bureau of Investigation

363 F.3d 931 · Court of Appeals for the Ninth Circuit · Apr 7, 2004

Gregory moved for summary judgment on qualified immunity grounds. … Although the facts in Mendocino Environmental Center are different from the facts in issue here, “[a]n officer is not entitled to qualified immunity on the grounds that the law is not clearly established every time a novel

Ratliff v. DeKalb County, GA

62 F.3d 338 · Court of Appeals for the Eleventh Circuit · Aug 9, 1995

court assumed for the purposes of its decision about whether the applicable law was clearly established. … The right to be free from retaliation is clearly established as a first amendment right and as a statutory right under Title VII; but no clearly established right exists under the equal protection clause to be free from

Gooden v. Howard County

954 F.2d 960 · Court of Appeals for the Fourth Circuit · Jan 23, 1992

Gooden further argues that the defendants did not act reasonably in light of clearly established law. … However, “if the test of ‘clearly established law’ were to be applied at this level of generality,”....