Case law

Rodney Brossart v. Kelly Janke

859 F.3d 616 · Court of Appeals for the Eighth Circuit · Jun 16, 2017

” violated his clearly established Fourth Amendment *624 rights. 4 Qualified immunity shields officers from civil damage liability for discretionary acts when “[their] conduct does not violate clearly established statutory … He asserts that our decision affirming the denial of qualified immunity in Shekleton v. Eichenberger, 677 F.3d 361 (8th Cir. 2012), clearly established that Braathan’s conduct was unconstitutional. We disagree.

Emily Evans v. Phil Plummer

687 F. App'x 434 · Court of Appeals for the Sixth Circuit · Apr 19, 2017

Since we found no Fourth Amendment violation in Stricker, that case cannot constitute clearly established law sufficient to deny Feehan qualified immunity. White, 137 S. Ct. at 551. … But McDaniel actually expressed doubt about the holding in Parker and granted qualified immunity on the grounds that the law with respect to tasers was not clearly established. Id. at *27.

Molano v. Bezio

42 F. Supp. 3d 465 · District Court, W.D. New York · Apr 13, 2012

established” for purposes of qualified immunity. … established’ for the purpose of future qualified immunity cases involving similar fact patterns.”

KEMP EX REL. WRIGHT v. State, County of Burlington

147 N.J. 294 · Supreme Court of New Jersey · Jan 14, 1997

N.J.S.A. 26:11-12, however, establishes a generalized grant of qualified immunity to county boards and their agents “for any act ” performed “in good faith and with ordinary discretion.” … We conclude that N.J.S.A. 26:ll-12’s grant of only qualified immunity for discretionary acts is clearly inconsistent with the TCA’s general discretionary immunity provisions which provide for absolute immunity in that context

Tribble v. Gardner

860 F.2d 321 · Court of Appeals for the Ninth Circuit · Oct 25, 1988

The defendants in that case moved for summary judgment on the basis of qualified immunity. … established rights. 9 Therefore, we hold that, viewing the facts in the light most favorable to the plaintiff, the district court was correct in denying defendants’ motion for summary judgment on the basis of qualified immunity

David C. Warth v. Thomas Williamson

Court of Appeals for the Eleventh Circuit · Mar 2, 2026

immunity, Warth needed to establish that (1) Williamson violated a constitutional right, and (2) the right was clearly established at the time of the alleged violation. … Casey, 75 F.4th 1176, 1186 (11th Cir. 2023) (“[T]o establish the defense of qualified immunity for a false arrest claim, we have held that an officer need not have actual probable cause, but only arguable

Don A. Brawner v. City of Richardson, Texas, L.F. Eudy, Richardson Police Department Director, and Kenneth Yarbrough, Chief of Police

855 F.2d 187 · Court of Appeals for the Fifth Circuit · Aug 18, 1988

established at the time he was fired so as to preclude their asserting a claim of qualified immunity. … Qualified immunity is a defense for public officials if “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” 19 “Clearly established” means

Moore v. City of Wynnewood

57 F.3d 924 · Court of Appeals for the Tenth Circuit · Jun 13, 1995

were not clearly established. … First Amendment rights were clearly established, and Sanders, therefore, would be entitled to the defense of qualified immunity.

Richardson v. City of Antioch

722 F. Supp. 2d 1133 · District Court, N.D. California · Jul 13, 2010

The doctrine of qualified immunity protects government officials “from liability for civil damages insofar as their conduct does not violate any clearly established statutory or constitutional rights of which a reasonable … Based on clearly established precedent, the Court also finds that Defendants are not entitled to qualified immunity for the arrest of KC. See Saucier, 533 U.S. at 201, 121 S.Ct. 2151 . 2.

Carswell v. Borough of Homestead

381 F.3d 235 · Court of Appeals for the Third Circuit · Aug 20, 2004

Murphy, 274 F.3d ruling on qualified immunity. … facts material to the qualified immunity violation of excessive force.

Cochran v. Folger

740 F. Supp. 2d 923 · District Court, E.D. Kentucky · Sep 16, 2010

clearly established constitutional law. … Qualified Immunity.

Lenell Geter v. James Fortenberry

882 F.2d 167 · Court of Appeals for the Fifth Circuit · Sep 5, 1989

We examine the plaintiffs’ factual allegations only to determine whether they would be sufficient, if proven, to make out a violation of clearly-established law. 3 II. … However, in Geter I we held that these same allegations were substantial enough to “remove the cloak of qualified immunity”: “[A] police officer cannot avail himself of a qualified immunity defense if he procures false identification

Lindsey v. Storey

936 F.2d 554 · Court of Appeals for the Eleventh Circuit · Jul 23, 1991

Qualified immunity shields law enforcement officers performing discretionary functions from suit for all violations except those of clearly established law. Harlow v. … But, again, Storey is entitled to qualified immunity unless he clearly lacked the reasonable suspicion necessary to justify the search.

Bah v. City of N.Y.

319 F. Supp. 3d 698 · District Court, S.D. Illinois · May 21, 2018

Nevertheless, he is entitled to qualified immunity if his conduct did not violate clearly established law. … On qualified immunity, the officer's actions are assessed in view of the clearly established law at the time the officer acted. Pearson v. Callahan, 555 U.S. 223 , 244, 129 S.Ct. 808 , 172 L.Ed.2d 565 (2009).

Dunklin v. Lowndes County

894 F. Supp. 1527 · District Court, M.D. Alabama · Jun 30, 1995

“clearly established”). … In plain terms, Hulett is entitled to qualified immunity if the Plaintiffs fail to produce sufficient evidence that, when viewed in the light most favorable to them, Hulett violated their clearly established Fourteenth Amendment

Sadallah v. City Of Utica

383 F.3d 34 · Court of Appeals for the Second Circuit · Sep 3, 2004

defendant's action was objective[ly] legal [ly] reasonable[ ] ... in light of the legal rules that were clearly established at the time it was taken. 10 X-Men Sec., Inc. v. … Accordingly, Hanna is entitled to qualified immunity. C.

CLIFT BY CLIFT v. Fincannon

657 F. Supp. 1535 · District Court, E.D. Texas · Apr 13, 1987

The resolution, then, of the qualified immunity defenses raised by these individually named Defendants turns initially on whether the law was clearly established at the time the action in question occurred. 13 *1545 Thus, … There being no clearly established federal right to habilitation in the least restrictive alternative setting, the individual Defendants’ claims of qualified immunity must prevail in that regard.

Munger v. City of Glasgow Police Department

227 F.3d 1082 · Court of Appeals for the Ninth Circuit · Sep 6, 2000

Qualified immunity “ ‘shield[s] [government agents] from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which 'a reasonable person would have … To evaluate a qualified immunity claim, we first ask whether the law governing the official’s conduct was clearly established; if so, we ask whether under that law, and under the circumstances at issue, a reasonable officer

Cornell v. Woods

69 F.3d 1383 · Court of Appeals for the Eighth Circuit · Nov 8, 1995

Qualified Immunity 24 The prison officials claim that the district court committed error by refusing to grant them qualified immunity. This is an issue that we review de novo. See Henderson, 29 F.3d at 467 . … Qualified immunity applies unless the officials' conduct violates " 'clearly established statutory or constitutional rights of which a reasonable person would have known.' " Henderson, 29 F.3d at 467 (quoting Harlow v.

Gordon v. Mt. Carmel Farms, L.L.C.

2021 Ohio 1233 · Ohio Court of Appeals · Apr 12, 2021

Under this defense, "[p]ublic officials, including police officers, who perform discretionary functions are entitled to qualified immunity in a Section 1983 action as long as their conduct does not violate clearly established … Therefore, if the plaintiff fails to demonstrate that either (1) a constitutional right was violated or (2) that the right was clearly established, -7-