Case law
Opinions from 1658 to today.
10,000+ results
5.00s
Martel v. County of Los Angeles
21 F.3d 940 · Court of Appeals for the Ninth Circuit · Apr 12, 1994
That is clearly sufficient to meet the Lane requirement. … Because the violation here clearly prejudiced Martel’s ability to prepare his case, we must reverse. III.
Cited 34 timesPublished765 F.3d 1183 · Court of Appeals for the Tenth Circuit · Aug 26, 2014
Qualified Immunity Qualified immunity protects officials “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … care under those circumstances was not clearly established.
Cited 345 timesPublishedCornelius Marshall v. Wilbert Allen, Richard Anderson, and Anthony J. Fusco, Jr.
984 F.2d 787 · Court of Appeals for the Seventh Circuit · Feb 25, 1993
If it were not clearly established that their conduct violated the law at the time the officials allegedly acted, then they are entitled to qualified immunity. Siegert v. … The only one of the defendant’s claims that is properly before this court is whether they were entitled to qualified immunity because it was not clearly established that Mr.
Cited 127 timesPublishedRogers Vann v. City of Southaven
884 F.3d 307 · Court of Appeals for the Fifth Circuit · Mar 5, 2018
“A qualified immunity defense alters the usual summary judgment burden of proof. … Under these circumstances, Jones’s use of force did not violate clearly established law.
Cited 127 timesPublishedMichael Sauers v. Borough of Nesquehoning
905 F.3d 711 · Court of Appeals for the Third Circuit · Oct 2, 2018
the District Court's denial of qualified immunity. … In its recent decisions addressing qualified immunity, the Supreme Court has "repeatedly told courts ... not to define clearly established law at a high level of generality." Kisela v.
Cited 107 timesPublishedCecil Edwards, Jr. v. Karl Byrd
750 F.3d 728 · Court of Appeals for the Eighth Circuit · Apr 24, 2014
The defendants are entitled to qualified immunity unless (1) “the facts alleged or shown, construed in the light most favorable to [the plaintiffs], establish a violation of a constitutional or statutory right,” and (2) the … “right was clearly established as of [the date of the alleged violation], such that a reasonable official would have known that his actions were unlawful.”
Cited 89 timesPublishedErnest D. Johnson v. Brian Breeden
280 F.3d 1308 · Court of Appeals for the Eleventh Circuit · Jan 28, 2002
In McMillian we affirmed the denial of summary judgment on qualified immunity grounds, holding that prior decisions had clearly established the law that pretrial detention amounting to punishment violated due process, and … So, where this type of constitutional violation is established there is no room for qualified immunity.
Abrogated on other grounds by Kingsley v. Hendrickson, 135 S. Ct. 2466 (2015)Cited 201 timesPublishedDistrict Court, E.D. Wisconsin · Mar 10, 2020
Nor is Lade entitled to qualified immunity. … Wesby, 138 S.Ct. 577, 589 (2018) (explaining that officers are not entitled to qualified immunity if the unlawfulness of their conduct was clearly established at the time).
Cited 0 timesUnknown21 F.3d 388 · Court of Appeals for the Eleventh Circuit · May 23, 1994
The district court’s order in relevant part denied the Sheriffs motion for summary judgment based on qualified immunity. 1 The *390 court ruled that the prohibition against cruel and unusual punishment was “undoubtedly clearly … For purposes of qualified immunity, a legal norm is clearly established when “the right the official is alleged to have violated [was] ‘clearly established’ in a more particularized, and hence more relevant, sense: The contours
Cited 176 timesPublished339 F. Supp. 2d 385 · District Court, D. Connecticut · Sep 29, 2004
Defendants contend that they are entitled to summary judgment on Thomas’s fourth amendment claims because they have qualified immunity. … Defendants contend that they are entitled to summary judgment on these claims based on qualified immunity.
Cited 2 timesPublishedDanelle Hollingsworth v. City of St. Ann
800 F.3d 985 · Court of Appeals for the Eighth Circuit · Sep 3, 2015
The court ruled that McCallum, King, and Mayberry were entitled to qualified immunity because it was not clearly established at the time of Hollingsworth’s arrest that a use of force that resulted in only de minimis injury … In § 1983 actions, qualified immunity shields government officials from suit unless their conduct violated a clearly established right of which a reasonable official would have known. Harlow v.
Cited 93 timesPublishedAnn Erwin, Dwight Bleke, Richard Moeller v. Richard M. Daley, Glen Carr, Kelly Welsh
92 F.3d 521 · Court of Appeals for the Seventh Circuit · Sep 18, 1996
To the contrary, qualified immunity shields government officials who are performing discretionary functions from liability for civil damages “insofar as their conduct does not violate clearly established statutory or constitutional … qualified immunity defense is designed to spare the defendants.
Cited 46 timesPublishedDevin Jefferson v. George Lias
21 F.4th 74 · Court of Appeals for the Third Circuit · Dec 16, 2021
violate clearly established law. … violate “clearly established” law such that he is entitled to qualified immunity.
Cited 66 timesPublished875 F.3d 256 · Court of Appeals for the Fifth Circuit · Nov 13, 2017
Second, the plaintiff must show that “the right was ‘clearly established’ at the time of the challenged conduct.” Id. … clearly established as to the specific facts of the case.”
Cited 123 timesPublishedJeffery Mays v. Ronald Sprinkle
992 F.3d 295 · Court of Appeals for the Fourth Circuit · Mar 30, 2021
But, at least in our Circuit, defendants bear the burden of showing that the violation was not clearly established, and they are therefore entitled to qualified immunity. Henry v. … That is enough to overcome qualified immunity and survive a motion to dismiss.
Cited 294 timesPublishedRedding v. Safford Unified School Dist. No. 1
531 F.3d 1071 · Court of Appeals for the Ninth Circuit · Jul 11, 2008
Because these constitutional principles were clearly established at the time that middle school officials directed and conducted the search, the school official in charge is not entitled to qualified immunity from suit for … The conclusion that Sa-vana’s constitutional rights were not violated rendered consideration of the second step of qualified immunity—whether the right was clearly established—unnecessary.
Reversed on other grounds by Safford Unified School District 1 v. Redding, 557 U.S. 364 (2009)Cited 14 timesPublishedBeverly Osabutey and Ulysses Gaither v. Larry E. Welch and C.B. Kearney
857 F.2d 220 · Court of Appeals for the Fourth Circuit · Sep 16, 1988
immunity discussed in Anderson . … [the] warrantless search to be lawful, in light of clearly established law and the information the searching officer possessed." — U.S. at-, 107 S.Ct. at 3040 .
Cited 15 timesPublished840 F.2d 349 · Court of Appeals for the Sixth Circuit · May 3, 1988
. * WELLFORD, Circuit Judge. 1 The question in this case is when does a judicial decision operate to strip a public official of good faith immunity by becoming "clearly established" law. … II. 5 A police officer's immunity is qualified, not absolute.
Cited 16 timesPublished790 F.3d 1013 · Court of Appeals for the Tenth Circuit · Jun 22, 2015
Both defendants moved for summary judgment, asserting they were entitled to qualified immunity. … of that doctrine to Plaintiffs’ claims is not clearly established.
Cited 48 timesPublishedDistrict Court, E.D. Michigan · Aug 7, 2025
right underlying his claim is “clearly established”); Mosier v. … Evans, 90 F.4th 541, 546 (6th Cir. 2024) (explaining that for purposes of qualified immunity, a plaintiff may not identify a “clearly established” right at a high level of generality).
Cited 0 timesUnknown
Ask Donna