Case law

Jody Lombardo v. City of St. Louis

956 F.3d 1009 · Court of Appeals for the Eighth Circuit · Apr 20, 2020

Having concluded that the facts presented do not make out a violation of Gilbert’s constitutional rights, we need not evaluate the clearly established prong of the qualified immunity analysis. See Greenman v. … Jessen, 787 F.3d 882, 887 & n.10 (8th Cir. 2015) (affirming the district court’s grant of qualified immunity based on the constitutional violation prong even though the district court only reached the clearly established

Cortez v. McCauley

478 F.3d 1108 · Court of Appeals for the Tenth Circuit · Feb 19, 2007

permissible (violates clearly established law). … We held that, for purposes of qualified immunity, the plaintiff had not shown the violation of a clearly established right, given a lack of evidence of physical injury or “apparent physical damage to the plaintiff's wrists

Vernon v. Deramus

District Court, N.D. Alabama · Dec 9, 2024

Defendants contend that they are entitled to qualified immunity because a single incident cannot establish a pattern or practice and Plaintiffs have not shown a violation of a clearly established right. … Dicta is particularly unhelpful in qualified immunity cases where we seek to identify clearly established law.”).

Elliot-Park v. Manglona

592 F.3d 1003 · Court of Appeals for the Ninth Circuit · Jan 12, 2010

In a qualified immunity appeal, we normally look first to whether a constitutional violation was alleged and then to whether the defendants have qualified immunity as a matter of law. See Pearson v. … Law enforcement officials are entitled to qualified immunity even where their conduct violated a constitutional right unless that right was clearly established at the time of the violation. Saucier v.

Martinez v. New York City Tr. Auth.

2022 NY Slip Op 00252 · Appellate Division of the Supreme Court of the State of New York · Jan 13, 2022

At the same time, we find that the TA was not entitled to pretrial dismissal of the complaint on the basis of qualified immunity. … In that case, the Court of Appeals emphasized that a governmental body claiming qualified immunity based on its having studied a particular condition alleged to have caused injury must establish that the study was indeed

Spiller v. Harris County

113 F.4th 573 · Court of Appeals for the Fifth Circuit · Aug 30, 2024

However, unique to the qualified immunity context, “to overcome qualified immunity, the plaintiff’s version of those disputed facts must also constitute a violation of clearly established law.” Id. … Sergeant Lindsay is entitled to qualified immunity on Spiller’s excessive force claim.

Von Derhaar v. Watson

109 F.4th 817 · Court of Appeals for the Fifth Circuit · Jul 30, 2024

“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 person … “The second prong of the qualified- immunity analysis asks whether the right in question was ‘clearly established’ at the time of the violation.” Id. at 656 (quoting Hope v. Pelzer, 536 U.S. 730, 739 (2002)).

K.W.P. v. Kansas City Public Schools

931 F.3d 813 · Court of Appeals for the Eighth Circuit · Aug 1, 2019

that [their] conduct violated a clearly established right.’” … not satisfy the ‘clearly established’ standard here

Dalton v. Town of Silver City

2 F.4th 1300 · Court of Appeals for the Tenth Circuit · Jun 28, 2021

Bascom’s clearly established right to equal protection of the law in violation of 42 U.S.C. § 1983. The Officers moved for summary judgment on the basis of qualified immunity. … The Officers filed this interlocutory appeal from that denial of qualified immunity, alleging it was not clearly established that their conduct violated Ms.

Matthew Tarabochia v. Mickey Adkins

766 F.3d 1115 · Court of Appeals for the Ninth Circuit · Sep 9, 2014

“Qualified immunity protects government officials from civil damages ‘insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’” … Clearly Established Although this suspicionless stop and search violated the Fourth Amendment, the WDFW officers are still entitled to qualified immunity on this claim if the Tarabochias’ rights were not clearly established

Atcherson v. Siebenmann

605 F.2d 1058 · Court of Appeals for the Eighth Circuit · Sep 13, 1979

The Qualified Immunity Defense. … While we hold infra that Atcherson’s allegations of misconduct by her fellow probation officers qualify for constitutional protection, that conclusion was by no means “clearly established” at the time of the events in question

Rooni v. Biser

742 F.3d 737 · Court of Appeals for the Seventh Circuit · Feb 4, 2014

“To determine whether a defendant is entitled to qualified immunity, courts must address two issues: (1) whether the defendant violated the plaintiffs constitutional rights and (2) whether the right at issue was clearly established … clearly established.

Theresa Kitzman-Kelley, Guardian for and on Behalf of Melissa Kitzman-Kelley v. Donald Warner, Gary T. Morgan, and Gordon Johnson

203 F.3d 454 · Court of Appeals for the Seventh Circuit · Feb 10, 2000

Although clearly recognizing that the issue of qualified immunity may, in some instances, be resolved at the pleadings stage of the litigation, the district court determined that such an adjudication would be inappropriate … Qualified immunity protects government officials from monetary liability when their conduct “does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”

Jacqueline Tuggle v. Tom Mangan, Missouri Highways and Transportation Commission

348 F.3d 714 · Court of Appeals for the Eighth Circuit · Nov 6, 2003

In denying Man-gan’s qualified immunity defense, the district court stated the law was clearly established at the time Mangan acted that intentional sexual harassment by a person acting under color of state law violated the … Qualified Immunity Qualified immunity generally shields state actors from civil liability if “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known

Myers v. Patterson

819 F.3d 625 · Court of Appeals for the Second Circuit · Apr 11, 2016

Without evidence regarding the grounds for Patterson’s decision, we are unable to determine whether his actions were contrary to,.clearly established law. … Given that Patterson, upon his motion for summary judgment on qualified immunity, has faded to show facts that would entitle him to qualified immunity, we would ordinarily simply reverse the grant of qualified immunity and

Barber v. Guay

910 F. Supp. 790 · District Court, D. Maine · Nov 9, 1995

To overcome qualified immunity, a plaintiff must first allege a violation of a clearly established constitutional right. Id. … Second, if the right is clearly established, qualified immunity will only be denied if a reasonable official should have known that the challenged conduct violated that established right.

Retzlaff v. De La VINA

606 F. Supp. 2d 654 · District Court, W.D. Texas · Mar 4, 2009

Finally, defendants assert qualified immunity as a defense to Retzlaffs federal constitutional claims. Defendants have presented evidence that their actions were reasonable in light of clearly established law. Kinney v. … that defendants’ actions violated clearly established federal law.

Tiffany King v. Charles Blackwood

Court of Appeals for the Fourth Circuit · Jul 2, 2026

Officers Berry and Linster advance three more arguments for why the right was not clearly established. … There, an officer made supervisory rounds without looking inside the cells, and we held that he had not violated clearly established law “because there is no clearly established constitutional right to properly

Grayson v. Ross

454 F.3d 802 · Court of Appeals for the Eighth Circuit · Jul 19, 2006

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. … Sharum is entitled to qualified immunity. 27 b.

Fitzpatrick v. Meyer

809 F. Supp. 1292 · District Court, S.D. Ohio · Dec 9, 1992

A defendant is entitled to summary judgment on qualified immunity grounds if he shows in light of clearly established principles that he could, as a matter of law, reasonably have believed that his actions were lawful. … The Defendants assert that qualified immunity is proper because Holbrook did not violate clearly established statutory or constitutional rights; Holbrook’s inspection of the records was within her discretionary authority