Qualified immunity shields government officials from liability unless they violate a clearly established statutory or constitutional right.
A former Attorney General challenged the constitutionality of a policy allegedly using the material-witness statute for pretextual detentions. The respondent alleged he was arrested under a validly obtained warrant, but that the arrest was motivated by an improper purpose rather than a genuine need for his testimony. The Court holds that the Fourth Amendment reasonableness inquiry is predominantly an objective one, and the subjective intent of the arresting authority is generally irrelevant when a warrant is based on individualized suspicion. Because no judicial precedent had established that pretext could render such an arrest unconstitutional, the official was entitled to qualified immunity.
At page 741 Defining clearly established law for fourth amendment violations1,844 citing cases“existing precedent must have placed the statutory or constitutional question beyond debate.”
- Hughey v. Tippah Cnty., No. 25-60232 (5th Cir. Aug. 20, 2026).published As “the Supreme Court has held[,] . . . generalizations and abstract propositions are not capable of clearly establishing the law.” Morgan v. Swanson, 659 F.3d 359, 372 (5th Cir. 2011); see, e.g., al-Kidd, 563 U.S. at 742 (“We have repeate…
- Jenkins v. Peters, No. 2:23-cv-01202 (D. Or. Aug. 28, 2025). The difficulty the court has experienced in attempting to determine whether plaintiff’s letter to Peters is protected conduct necessarily demonstrates that the prison officials’ response to plaintiff’s letter was not barred by any existing…
- Patricia Polanco v. Ralph Diaz, 76 F.4th 918 (9th Cir. 2023).published (We do not require a case directly on point, but existing precedent must have placed the statutory or constitutional question beyond debate.)
- McCree v. Chester, City of, No. 0:20-cv-00867 (D.S.C. Feb. 8, 2023). “…[E]xisting precedent must have placed the statutory or constitutional question beyond debate.”
- Angelo Clark v. Robert Coupe, 55 F.4th 167 (3d Cir. 2022).published(We do not require a case directly on point, but existing precedent must have placed the statutory or constitutional question beyond debate.)
- Cremeans v. Taczak, No. 2:19-cv-02703 (S.D. Ohio Aug. 17, 2022).(We do not require a case directly on point, but existing precedent must have placed the statutory or constitutional question beyond debate.)
- Montgomery v. Anderson, No. 1:21-cv-03191 (D. Colo. Mar. 7, 2022).(The contours of [a] right [must be] sufficiently clear” that every “reasonable official would have understood that what he is doing violates the right.)
- Stuart v. Pierce, 587 F. Supp. 3d 127 (D. Del. 2022).published(We do not require a case directly on point, but existing precedent must have placed the . . . constitutional question beyond debate.)
- Feliz v. City of New York, No. 1:19-cv-06305, 2022 WL 446043 (S.D.N.Y. Feb. 14, 2022). (We do not require a case directly on point, but existing precedent must have placed the statutory or constitutional question beyond debate.)
- James Dennis v. City of Philadelphia, 19 F.4th 279 (3d Cir. 2021).published (A Government official’s conduct violated clearly established law when, at the time of the challenged conduct, ‘the contours of a right are sufficiently clear’ that every ‘reasonable official would have understood that…)
Show 236 more citing cases
- Fitzgerald v. Pollard, No. 3:20-cv-00848 (S.D. Cal. Sept. 15, 2021).(existing precedent 14 must have placed the … question beyond debate.)
- Stuart v. Scottsdale, City of, No. 2:20-cv-00755 (D. Ariz. Aug. 19, 2021). (We do not require a case directly on point, 25 but existing precedent must have placed the statutory or constitutional question beyond 26 debate.)
- Jose Peroza-Benitez v. Darren Smith, 994 F.3d 157 (3d Cir. 2021).published (We do not require a case directly on point, but existing precedent must have placed the statutory or constitutional question beyond debate.)
- Summers v. Hinds Cnty., 508 F. Supp. 3d 124 (S.D. Miss. 2020).published(We do not require a case directly on point, but existing precedent must have placed the statutory or constitutional question beyond debate.)
- Shelly Ioane v. Jean Noll, No. 16-16089 (9th Cir. Sept. 19, 2019).published (We do not require a case directly on point, but existing precedent must have placed the statutory or constitutional question beyond debate)
- King v. Dickerson, No. 1:23-cv-00730 (M.D.N.C. Aug. 11, 2025).
- Clark v. Valletta, 157 F.4th 201 (2d Cir. 2025).published
- Carter, No. 2:24-cv-00515 (D. Utah Nov. 10, 2025).
- Zeng, No. 3:23-cv-01570 (N.D. Tex. Dec. 15, 2025).
- Waldrop, No. 1:25-cv-01194 (D. Colo. Feb. 10, 2026).
- Manno, No. 1:23-cv-00037 (M.D.N.C. Feb. 23, 2026).
- Nguyen, No. 3:25-cv-00204 (S.D. Tex. Mar. 25, 2026).
- Brewton, No. 0:25-cv-01073 (D.S.C. Mar. 12, 2026).
- Brewton, No. 7:25-cv-10435 (D.S.C. Mar. 13, 2026).
- Kathleen Hayes v. Bd. of Educ. of the City of Chicago, 176 F.4th 994 (7th Cir. 2026).published
- Davis, No. 8:25-cv-02548 (D.S.C. Apr. 8, 2026).
- Cubin v. Gordon, No. 25-8021 (10th Cir. July 21, 2026).unpublished
- Keesley, No. 8:24-cv-07493 (D.S.C. July 17, 2026).
- Thomas v. Bruss, No. 25-20590 (5th Cir. Sept. 2, 2026).published
- Stokes, No. 1:25-cv-01917 (M.D. Pa. Aug. 11, 2026).
- Tyree Tevin Jackson v. Gerald Boron, No. 5:23-cv-03048 (D. Kan. Sept. 21, 2026).
- Doe v. Univ. of Massachusetts, 145 F.4th 158 (1st Cir. 2025).published
- Salinas v. Ramirez, No. 2:24-cv-00168 (S.D. Tex. July 29, 2025).
- Limon v. City of Laredo, No. 5:24-cv-00113 (S.D. Tex. Aug. 4, 2025).
- Handy v. Jones, No. 3:24-cv-00178 (D. Alaska Aug. 5, 2025).
- Brown 408842 v. Bott, No. 2:21-cv-00056 (W.D. Mich. Aug. 6, 2025).
- Searles v. City of Houston, No. 4:24-cv-01534 (S.D. Tex. Aug. 8, 2025).
- Galindo v. Adrian, No. 2:22-cv-02414 (D. Kan. Aug. 11, 2025).
- Kidwell III v. Lee, No. 1:23-cv-01750 (D. Md. Aug. 11, 2025).
- Reader v. Graham, No. 5:23-cv-01024 (W.D. Tex. Aug. 12, 2025).
- Sealey v. Mancias, No. 24-50998 (5th Cir. Aug. 19, 2025).unpublished
- Bonds v. Woodall, No. 5:24-cv-00033 (S.D. Miss. Aug. 21, 2025).
- Bassford v. Newby, No. 24-5525 (9th Cir. Aug. 26, 2025).unpublished
- Booher v. Wakefield, No. 3:22-cv-00672 (M.D. Pa. Aug. 26, 2025).
- Porter v. Shusko, No. 1:24-cv-02832 (D. Md. Aug. 29, 2025).
- Adams 462766 v. Poupard, No. 2:23-cv-00047 (W.D. Mich. July 30, 2025).
- David McNair v. Collin Pratt, No. 24-1362 (6th Cir. Sept. 3, 2025).unpublished
- Jordan v. MacDonald, No. 4:24-cv-00009 (N.D. Miss. Sept. 8, 2025).
- Tanner v. Jenkins, No. 2:22-cv-00474 (D. Utah Sept. 8, 2025).
- Looper v. Las Vegas Metro. Police Dep't, No. 2:23-cv-01436 (D. Nev. Sept. 2, 2025).
- Miller v. Roycroft, No. 24-1351 (1st Cir. Sept. 10, 2025).published
- Bryant v. City of Berkeley, No. 3:21-cv-08169 (N.D. Cal. Sept. 12, 2025).
- Herrera v. Florence McClure Women's Corr. Ctr., No. 2:23-cv-01397 (D. Nev. Sept. 9, 2025).
- Ballentine v. Broxton, 155 F.4th 462 (5th Cir. 2025).published
- Michael Hoover v. Justin Due, 152 F.4th 749 (6th Cir. 2025).published
- Raden v. Fleming, No. 3:24-cv-00407 (M.D. Ala. Sept. 19, 2025).
- Farrow v. Weatherford City of, No. 5:23-cv-00503 (W.D. Okla. Sept. 26, 2025).
- Steger v. Willis, No. 2:24-cv-00095 (E.D. Ky. Sept. 30, 2025).
- Bradshaw v. Meyer, No. 1:24-cv-00267 (D. Colo. Sept. 30, 2025).
- Tripathy v. Lockwood, No. 24-2324 (2d Cir. Oct. 3, 2025).unpublished
- Atkinson v. Pustilnik, No. 4:22-cv-04315 (S.D. Tex. Oct. 8, 2025).
- Dunnam, No. 3:24-cv-00231 (M.D. Tenn. Oct. 15, 2025).
- Ramirez, No. 3:24-cv-09223 (N.D. Cal. Oct. 20, 2025).
- Christopher Hicks v. Kathleen Crowley, No. 25-3202 (6th Cir. Oct. 24, 2025).unpublished
- Kemp, No. 2:22-cv-00205 (W.D. Mich. Oct. 3, 2025).
- Hearn, No. 1:24-cv-00326 (D. Idaho Nov. 6, 2025).
- Gentry, No. 2:22-cv-00720 (E.D. Cal. Oct. 6, 2025).
- Allen, No. 3:24-cv-00067 (W.D. Va. Nov. 14, 2025).
- Phillips, No. 1:23-cv-01482 (N.D. Ohio Oct. 15, 2025).
- Sterling v. City of Jackson, No. 24-60370 (5th Cir. Nov. 17, 2025).published
- Linscott, No. 1:23-cv-00048 (W.D. Mich. Oct. 23, 2025).
- Spring, No. 2:23-cv-04883 (E.D. Pa. Nov. 24, 2025).
- Nunn, No. 2:24-cv-06810 (E.D. Pa. Nov. 24, 2025).
- Bristol Oak Props., Inc. v. Commonwealth of Pennsylvania, No. 2:25-cv-00504 (E.D. Pa. Nov. 26, 2025).
- Burton, No. 4:24-cv-00761 (M.D. Pa. Dec. 17, 2025).
- Siefert, No. 1:17-cv-00511 (S.D. Ohio Jan. 2, 2026).
- Goodrich, No. 3:23-cv-02201 (N.D. Ohio Jan. 16, 2026).
- Est. of Frances D DeRosa v. Philip Murphy, No. 25-1283 (3d Cir. Jan. 23, 2026).unpublished
- Phillips, No. 1:25-cv-01231 (D. Md. Jan. 28, 2026).
- Gibson v. City of Portland, 165 F.4th 1265 (9th Cir. 2026).published
- Denise Hughes v. Monique Locure, 166 F.4th 121 (11th Cir. 2026).published
- Fellowship of Christian Athletes v. Dist. of Columbia, No. 2024-1332 (D.D.C. Feb. 3, 2026).published
- Noel, No. 3:22-cv-00023 (W.D. Pa. Feb. 23, 2026).
- Joshua Barricks v. James Wright, 168 F.4th 210 (4th Cir. 2026).published
- Lara-Nieves, No. 3:24-cv-01358 (D.P.R. Mar. 9, 2026).
- Schifanelli v. Loveday, No. 2025-2046 (D.D.C. Mar. 31, 2026).published
- Slater, No. 5:25-cv-00841 (W.D. Okla. Mar. 26, 2026).
- Broadus, No. 3:25-cv-00350 (S.D. Tex. Mar. 17, 2026).
- Thomas, No. 3:25-cv-00209 (S.D. Tex. Mar. 18, 2026).
- Anthony, No. 3:23-cv-00967 (S.D. Ill. Mar. 31, 2026).
- Lulgjuraj, No. 2:23-cv-12931 (E.D. Mich. Feb. 16, 2026).
- Qualls, No. 1:23-cv-10435 (D. Mass. Mar. 31, 2026).
- Hullum, No. 1:23-cv-10082 (D. Mass. Apr. 1, 2026).
- Mark Eurton, Jr. v. Parker Thomas, No. 25-5733 (6th Cir. Apr. 23, 2026).unpublished
- Richard Harrold v. Lewis Hagen, 174 F.4th 393 (4th Cir. 2026).published
- Tashjian, No. 1:23-cv-01212 (N.D.N.Y. Mar. 31, 2026).
- Matthews, No. 1:23-cv-00435 (D. Idaho May 4, 2026).
- John Griswold v. Trinity Health Michigan, 175 F.4th 706 (6th Cir. 2026).published
- Rezene, No. 2:25-cv-02305 (D. Kan. Apr. 27, 2026).
- Scherer v. Ismail, No. 25-2651 (9th Cir. May 14, 2026).unpublished
- Spiehs, No. 5:25-cv-04067 (D. Kan. Apr. 29, 2026).
- Wolfe, No. 1:25-cv-00697 (D. Idaho May 22, 2026).
- Musich, No. 0:24-cv-01113 (D. Minn. Mar. 16, 2026).
- Von Derhaar v. Watson, 177 F.4th 626 (5th Cir. 2026).published
- White, No. 6:25-cv-00200 (E.D. Okla. June 1, 2026).
- Ciria v. Gerrans, 178 F.4th 491 (9th Cir. 2026).published
- Cook, No. 1:25-cv-00274 (E.D. Tex. Mar. 27, 2026).
- Turley, No. 2:25-cv-00685 (D. Utah June 12, 2026).
- Morgan, No. 5:22-cv-02454 (E.D. Pa. Mar. 5, 2026).
- Malikah Asante-chioke v. Nicholas Dowdle, No. 2:22-cv-04587 (E.D. La. June 11, 2026).
- Don Gordon v. William Heath, 179 F.4th 263 (4th Cir. 2026).published
- Mary Ann Bender v. Vill. of Mariemont, 180 F.4th 861 (6th Cir. 2026).published
- Dilworth v. Tucker, 179 F.4th 992 (5th Cir. 2026).published
- Est. of Rose Boehs, by & through Renee Heflin, Marlinda Lamle, & Desiree Selby, Pers. Representatives; Est. of Penelope Lamle, by & through Joshua Lamle & Lexy Jobe, Pers. Representatives; & Est. of Maxine Houston, by & through Dal Houston, Pers. Rep. v. Oklahoma Dep't of Human Servs.; Oklahoma Health Care Auth.; Kayla Bean, individually; Lena Schweitzer, individually; Cynthia Wunderle, individually; & John Does, No. 5:25-cv-00947 (W.D. Okla. June 12, 2026).
- Manente, No. 2:25-cv-11923 (D.N.J. June 30, 2026).
- Amaro, No. 2:25-cv-03919 (D. Ariz. July 1, 2026).
- Lindsay Dyda v. Michigan Sec'y of State, No. 26-1228 (6th Cir. July 20, 2026).published
- Larry Richardson v. Nathan Falk, No. 25-1867 (6th Cir. Aug. 6, 2026).published
- Matthews, No. 4:24-cv-00049 (N.D. Miss. July 28, 2026).
- Simmons, No. 3:25-cv-00345 (S.D. W. Va. Aug. 3, 2026).
- Fasline, No. 4:24-cv-02192 (N.D. Ohio July 23, 2026).
- Kilnapp, No. 1:22-cv-01225 (N.D. Ohio July 17, 2026).
- Jared Fishman v. D.C., No. 25-7050 (D.C. Cir. Aug. 11, 2026).published
- Hobson, No. 1:24-cv-00667 (M.D. Ala. Aug. 4, 2026).
- Derek Antol v. Robert English, No. 25-2054 (6th Cir. Aug. 13, 2026).published
- Kovach, No. 1:24-cv-01780 (N.D. Ohio Aug. 7, 2026).
- Brown v. Wallace, No. 25-30135 (5th Cir. Aug. 14, 2026).unpublished
- Johnnie Savory v. Allen Andrews, No. 24-2947 (7th Cir. Aug. 14, 2026).published
- Hammond, No. 1:25-cv-00048 (M.D. Pa. Aug. 6, 2026).
- King, No. 2:24-cv-00375 (M.D. Fla. Aug. 4, 2026).
- Millerd, No. 2:25-cv-01390 (W.D. Wash. Aug. 20, 2026).
- Grenning v. Key, No. 23-3018 (9th Cir. Aug. 26, 2026).published
- Hinrichs, No. 2:26-cv-00909 (M.D. Fla. Aug. 25, 2026).
- Fairchild, No. 1:23-cv-00467 (N.D. Ind. Sept. 10, 2026).
- Whetstone, No. 2:25-cv-00050 (N.D. Tex. Sept. 11, 2026).
- G.B. v. Wood Cnty. Bd. of Educ., No. 2:24-cv-00220 (S.D. W. Va. Sept. 16, 2026).
- Ullerich, No. 1:21-cv-02954 (D. Colo. Sept. 21, 2026).
- Journeys E-Scooters LLC v. Julio Roldán-Concepción, No. 3:22-cv-01281 (D.P.R. Sept. 23, 2026).
- Baltas, No. 3:21-cv-00587 (D. Conn. Sept. 24, 2026).
- Pettigrew, No. 1:23-cv-01294 (D. Colo. Sept. 23, 2026).
- Bosman, No. 4:23-cv-04919 (D.S.C. Sept. 25, 2026).
- Baltas v. Chapdelaine, 153 F.4th 328 (2d Cir. 2025).published
- Arbeeny v. Cuomo, No. 24-2856 (2d Cir. Nov. 4, 2025).unpublished
- Lewis v. Delgado, 163 F.4th 926 (5th Cir. 2026).published
- Rosenberg, No. 1:25-cv-00182 (S.D. Miss. Feb. 24, 2026).
- Daniels, No. 9:23-cv-00983 (N.D.N.Y. Mar. 2, 2026).
- Wolf, No. 1:24-cv-01797 (M.D. Pa. Mar. 31, 2026).
- Lewis, No. 3:25-cv-00201 (S.D. Tex. Mar. 26, 2026).
- B., No. 3:24-cv-00301 (N.D. Cal. June 29, 2026).
- Doe, No. 4:25-cv-00859 (N.D. Tex. Aug. 11, 2026).
- Robins, No. 3:21-cv-01474 (M.D. Pa. Aug. 17, 2026).
- Russell, No. 1:25-cv-01100 (W.D. Tenn. Aug. 24, 2026).
- Texas Auto Salvage, Inc. v. City of San Antonio, No. 5:25-cv-00052 (W.D. Tex. July 24, 2026).
- Benjamin, No. 2:20-cv-00962 (M.D. Ala. Aug. 31, 2026).
- Sterling v. City of Jackson, No. 24-60370 (5th Cir. Sept. 4, 2026).published
- Gonzalez, No. 1:24-cv-03859 (S.D.N.Y. Sept. 28, 2026).
- Heard, Anthony v. HSUM Adams, No. 3:22-cv-00265 (W.D. Wis. July 31, 2025).
- Ellis v. Salt Lake City Corp., 147 F.4th 1206 (10th Cir. 2025).published
- Hall 600792 v. Cole, No. 2:23-cv-00028 (W.D. Mich. Aug. 12, 2025).
- Werling, Nicholas v. Hefty, Daniel, No. 3:24-cv-00641 (W.D. Wis. Aug. 15, 2025).
- Est. of Teion Yasin Cooper v. Milwaukee Cnty., No. 2:25-cv-00530 (E.D. Wis. Aug. 15, 2025).
- Adam Sindell v. Latonya Coach, No. 24-13529 (11th Cir. Aug. 19, 2025).unpublished
- Curtis, Travis v. Carr, Kevin, No. 3:23-cv-00699 (W.D. Wis. Aug. 21, 2025).
- Goodlin v. Rose, No. 2:23-cv-02304 (E.D. Pa. Aug. 21, 2025).
- Dudley v. Boise State Univ., 152 F.4th 981 (9th Cir. 2025).published
- Evans v. Doe 1, No. 2:21-cv-00413 (W.D. Pa. Sept. 4, 2025).
- Cynthia Martinez v. Cnty. of Los Angeles, No. 2:20-cv-01063 (C.D. Cal. Sept. 3, 2025).
- Jackson v. Robledo, No. 3:24-cv-02896 (N.D. Tex. Aug. 13, 2025).
- Shehan v. Barrone, No. 3:22-cv-00879 (D. Conn. Sept. 19, 2025).
- Kovacic v. Oconto Cnty., No. 1:23-cv-00642 (E.D. Wis. Sept. 23, 2025).
- Jama v. Ball, No. 3:23-cv-01699 (D. Or. Sept. 30, 2025).
- Chelesy Eastep v. City of Nashville, TN, 156 F.4th 819 (6th Cir. 2025).published
- Yvonne M. West v. DeKalb Cnty., No. 24-13197 (11th Cir. Dec. 1, 2025).unpublished
- Berry, No. 2:25-cv-00299 (M.D. Fla. Dec. 3, 2025).
- Whipper, No. 3:23-cv-00027 (D. Conn. Dec. 9, 2025).
- Buchanan, No. 2:24-cv-00027 (W.D. Pa. Nov. 12, 2025).
- Est. of Demetrius L. Stephenson, by Special Adm'r Richard Coad v. Calumet Cnty., Kristen Klotz, & Kristi LeClair, 787 F. Supp. 3d 876 (E.D. Wis. 2025).published
- Lacino Hamilton v. James Fleming, No. 25-1386 (6th Cir. Jan. 14, 2026).unpublished
- Nicholas Zemlick v. Brad Burkhart, 164 F.4th 1004 (7th Cir. 2026).published
- Sheets, No. 4:23-cv-00693 (N.D. Ohio Jan. 28, 2026).
- Jason D. Wandick v. Andrew Wiersma, No. 3:24-cv-00531 (W.D. Wis. Feb. 4, 2026).
- Lowe, No. 1:25-cv-00086 (E.D. Mo. Feb. 23, 2026).
- Shareef Childs v. Christopher Buesgen, No. 3:24-cv-00333 (W.D. Wis. Mar. 11, 2026).
- Vanlandingham, No. 5:22-cv-00209 (W.D. Okla. Mar. 18, 2026).
- Creighton, No. 1:23-cv-03099 (D. Colo. Mar. 30, 2026).
- Hontz, No. 3:25-cv-00914 (M.D. Pa. Mar. 5, 2026).
- Jason Sodemann v. Joshua Melnick, No. 3:22-cv-00374 (W.D. Wis. Apr. 2, 2026).
- Sheila Lee v. Officer Molly O’Hara, No. 5:23-cv-00743 (E.D.N.C. Mar. 16, 2026).
- Monica Lee v. Rankin Cnty., No. 2024-CA-00701-COA (Miss. Ct. App. May 5, 2026).published
- Hinton, No. 3:24-cv-00607 (W.D. Wis. May 5, 2026).
- Cantrell, No. 2:24-cv-00246 (D. Me. June 5, 2026).
- Brian Maus v. Steven Ratsch Jr., No. 3:23-cv-00814 (W.D. Wis. May 26, 2026).
- Donald Lynn Thompson, Jr. v. Matagorda Cnty., No. 3:25-cv-00253 (S.D. Tex. Apr. 27, 2026).
- Jordan, No. 3:24-cv-01694 (D. Conn. June 26, 2026).
- Robitaille, No. 1:25-cv-02241 (D. Colo. July 6, 2026).
- Lakey v. Bryant, 181 F.4th 1013 (10th Cir. 2026).published
- Garrett v. Denver C.A.R.E.S., No. 24-1363 (10th Cir. July 28, 2026).unpublished
- Simonds, No. 2:21-cv-00841 (W.D. Pa. July 21, 2026).
- Devloo, No. 1:26-cv-00208 (D. Colo. July 30, 2026).
- Cornelius Phelps v. City of Saginaw, Mich., No. 25-2092 (6th Cir. Aug. 13, 2026).unpublished
- Flores v. Perez, No. 25-50311 (5th Cir. Aug. 14, 2026).unpublished
- Kirkland, No. 4:26-cv-00015 (N.D. Tex. Aug. 6, 2026).
- Fogleman-Laxey v. Guillory, No. 25-30132 (5th Cir. Aug. 24, 2026).published
- Hofbauer, No. 2:24-cv-00032 (W.D. Mich. Aug. 28, 2026).
- Marruquin, No. 4:25-cv-00015 (W.D. Ky. Aug. 31, 2026).
- Joshua M. Hubbert v. Kenny Brinley, No. 24-13756 (11th Cir. Sept. 3, 2026).unpublished
- White, No. 3:21-cv-00189 (D. Conn. Sept. 27, 2026).
- Powell, No. 3:24-cv-00235 (S.D. Ill. Sept. 28, 2026).
- Freisem, No. 2:25-cv-00141 (E.D.N.Y. Sept. 28, 2026).
- Michael A. DiMatteo v. Hurdle Clay Jacke, II, No. 2:25-cv-00925 (C.D. Cal. Sept. 28, 2026).
- Bey v. Malec, No. 3:18-cv-02626 (N.D. Cal. Apr. 28, 2020).“We do not 20 require a case directly on point, but existing precedent must have placed the statutory or 21 constitutional question beyond debate.”
- Montgomery v. Gerdjikian, No. 1:20-cv-03600 (D. Colo. Mar. 16, 2022).“[E]xisting precedent must have placed the statutory or constitutional question beyond debate.”
- Hardigree v. Lofton, No. 2:17-cv-00236 (N.D. Ga. July 30, 2019).“We do not require a case directly on point, but existing precedent must have placed the statutory or constitutional question beyond debate.”
- Mary Stamm v. Frederick Miller, 657 F. App'x 492 (6th Cir. 2016).unpublished“We do not require a case directly on point, but existing precedent must have placed the statutory or constitutional question beyond debate”
- Braun v. Maynard, 652 F.3d 557 (4th Cir. 2011).published“At the time of alKidd’s arrest, not a single judicial opinion had held that pretext could render an objectively reasonable arrest pursuant to a material-witness warrant unconstitutional.”
- Crittindon v. LeBlanc, 37 F.4th 177 (5th Cir. 2022).published“We do not require a case directly on point, but existing precedent must have placed the statutory or constitutional question beyond debate.”
- Carrie Sama v. Edward Hannigan, 669 F.3d 585 (5th Cir. 2012).published“We do not require a case directly on point, but existing precedent must have placed the statutory or constitutional question beyond debate.”
- Brown v. Slaubaugh, No. 3:18-cv-00762 (W.D. Ky. Feb. 27, 2023).“a Government official’s conduct violates clearly established law when, at the time of the challenged conduct, the contours of a right are sufficiently clear that every reasonable official would have understood that wha…”
- Harold Fish v. Tim Brown, 838 F.3d 1153 (11th Cir. 2016).published“We do not require a case directly on point, but existing precedent must have placed the statutory or constitutional question beyond debate.”
- Siani v. State Univ. of New York at Farmingdale, 7 F. Supp. 3d 304 (E.D.N.Y. 2014).published“We do not require a case directly on point, but existing precedent must have placed the statutory or constitutional question beyond debate.”
- Morales v. New York, 22 F. Supp. 3d 256 (S.D.N.Y. 2014).published“We do not require a case directly on point, but existing precedent must have placed the statutory or constitutional question beyond debate.”
- Turkmen v. Ashcroft, 915 F. Supp. 2d 314 (E.D.N.Y. 2013).published“We do not require a case directly on point ...”
- Ferreira v. Town of East Hampton, 56 F. Supp. 3d 211 (E.D.N.Y. 2014).published“We do not require a case directly on point, but existing precedent must have placed the statutory or constitutional question beyond debate.”
- Rhein v. Coffman, 118 F. Supp. 3d 1093 (N.D. Ill. 2015).published“We do not require a case directly on point, but existing precedent must have placed the statutory or constitutional question beyond debate.”
- Babinski v. Sosnowsky, 79 F.4th 515 (5th Cir. 2023).published“We do not require a case directly on point, but existing precedent must have placed the statutory or constitutional question beyond debate.”
- Elvan Moore v. Kevin Pederson, 806 F.3d 1036 (11th Cir. 2015).published“We do not require a case directly on point, but existing precedent must have placed the statutory or constitutional question beyond debate.”
- Fox v. Makin, No. 2:22-cv-00251 (D. Me. Aug. 16, 2023).“We do not require a case directly on point, but existing precedent must have placed the statutory or constitutional question beyond debate.”
- Davison v. Plowman, 247 F. Supp. 3d 767 (E.D. Va. 2017).published“We do not require a case directly on point, but existing precedent must have placed the statutory or constitutional question beyond debate.”
- Thompson v. City of Oakwood, 307 F. Supp. 3d 761 (S.D. Ohio 2018).published“We do not require a case directly on point [for a right to be clearly established], but existing precedent must have placed the statutory or constitutional question beyond debate.”
- Nelson v. Lott, 330 F. Supp. 3d 1314 (N.D. Ala. 2018).published“We do not require a case directly on point, but existing precedent must have placed the statutory or constitutional question beyond debate.”
- Moser v. Helton, No. 8:18-cv-00551 (D. Neb. July 17, 2019).“We do not require a case directly on point, but existing precedent must have placed the statutory or constitutional question 3 The Defendants’ plausibility arguments fit within the qualified immunity analysis. beyond d…”
- Noble v. City of Eunice, No. 2:22-cv-00769 (D.N.M. Feb. 16, 2023).“A Government official's conduct violates clearly established law when, at the time of the challenged conduct, the contours of a right are sufficiently clear that every reasonable official would have understood that wha…”
- Mascarenas v. Vill. of Angel Fire, No. 1:23-cv-00052 (D.N.M. Sept. 30, 2023).“A Government official’s conduct violates clearly established law when, at the time of the challenged conduct, the contours of a right are sufficiently clear that every reasonable official would have understood that wha…”
- Carrie Sama v. Edward Hannigan, No. 10-40835 (5th Cir. Feb. 23, 2012).published“We do not require a case directly on point, but existing precedent must have placed the statutory or constitutional question beyond debate.”
- Quander v. Dist. of Columbia, No. 2022-2539 (D.D.C. Sept. 29, 2023).published“A Government official's conduct violates clearly established law when, at the time of the challenged conduct, the contours of a right are sufficiently clear that every reasonable official would have understood that wha…”
- DeLaney v. Perez, No. 7:19-cv-06084-NSR, 2021 WL 3038642 (S.D.N.Y. July 16, 2021).“We do not require a case directly on point, but existing precedent must have placed the statutory or constitutional question beyond debate.”
- Abston ex rel. Est. of Abston v. City of Merced, 506 F. App'x 650 (9th Cir. 2013).unpublished“We do not require a case directly on point, but existing precedent must have placed the ... question beyond debate.”
- Martinique Stoudemire v. Mich. Dep't of Corr., 705 F.3d 560 (6th Cir. 2013).published“We do not require a case directly on point, but existing precedent must have placed the statutory or constitutional question beyond debate.”
- Gholston v. Franklin Cnty. Bd. of Educ., No. 3:20-cv-00013 (N.D. Ala. Nov. 17, 2021).“We do not require a case directly on point, but existing precedent must have placed the statutory or constitutional question beyond debate.”
- Tomei v. Off. of the 32nd Jud. Dist. Delaware Cnty., No. 2:20-cv-02429 (E.D. Pa. Mar. 10, 2021).“A Government official’s conduct violates clearly established law when, at the time of the challenged conduct, the contours of a right are sufficiently clear that every reasonable official would have understood that wha…”
- Young v. Pena, No. 2:18-cv-01007 (W.D. Wash. Aug. 6, 2019).“We 20 do not require a case directly on point, but existing precedent must have placed the 21 statutory or constitutional question beyond debate.”
- Young v. Pena, No. 2:18-cv-01007 (W.D. Wash. Nov. 21, 2019).“We 5 do not require a case directly on point, but existing precedent must have placed the statutory or 6 constitutional question beyond debate.”
- Cannata v. Hoag, No. 3:21-cv-05307 (W.D. Wash. June 14, 2022).“We do not 17 require a case directly on point, but existing precedent must have placed the statutory or 18 constitutional question beyond debate.”
- Jacque v. City of Green Bay, No. 1:23-cv-01175 (E.D. Wis. Feb. 27, 2024).“We do not require a case directly on point, but existing precedent must have placed the statutory or constitutional question beyond debate.”
- Smith v. Howell, 570 F. App'x 762 (10th Cir. 2014).unpublished“We do not require a case directly on point, but existing precedent must have placed the statutory or constitutional question beyond debate.”
- Kathleen Meehan v. Officer Scott Thompson, 763 F.3d 936 (8th Cir. 2014).published“We do not require a case directly on point, but existing precedent must have placed the statutory or constitutional question beyond debate.”
At page 742 Not defining clearly established law at high generality663 citing casesWe have repeatedly told courts ... not to define clearly established law at a high level of generality. The general proposition, for example, that an unreasonable search or seizure violates the Fourth Amendment is of little help in determining whether the violative nature of particular conduct is…
- Samantha Newell v. Cent. Mich. Univ. Bd. of Trs., No. 20-1864, 2021 WL 3929220 (6th Cir. Sept. 2, 2021).unpublished “courts . . . should not define clearly established law at a high level of generality.”
- Hughey v. Tippah Cnty., No. 25-60232 (5th Cir. Aug. 20, 2026).published (We have repeatedly told courts . . . not to define clearly established law at a high level of generality.)
- Velez v. Eutzy, 152 F.4th 292 (1st Cir. 2025).published(We have repeatedly told courts . . . not to define clearly established law at a high level of generality.)
- Degollado v. City of Port Lavaca, No. 6:23-cv-00014, 2025 WL 976603 (S.D. Tex. Mar. 31, 2025). (We have repeatedly told courts . . . not to define clearly established law at a high level of generality.)
- Dye v. Hazel Park, City of, No. 2:23-cv-10065 (E.D. Mich. Mar. 19, 2025).(We have repeatedly told courts…not to define clearly established law at a high level of generality.)
- Hannibal v. Harris Cnty. Constable Precinct One, No. 4:22-cv-01330 (S.D. Tex. Feb. 14, 2025). (We have repeatedly told courts . . . not to define clearly established law at a high level of generality.)
- Elizondo v. Hinote, No. 2:20-cv-00191 (S.D. Tex. Dec. 7, 2024). (We have repeatedly told courts . . . not to define clearly established law at a high level of generality.)
- Fought v. City of Wilkes-Barre, No. 3:17-cv-01825 (M.D. Pa. Sept. 27, 2024). (We have repeatedly told courts ... not to define clearly established law at a high level of generality. The general proposition, for example, that an unreasonable search or seizure violates the Fourth Amendment is of l…)
- Simer v. Oakland Cnty., 761 F. Supp. 3d 1000 (E.D. Mich. 2024).published(We have repeatedly told courts…not to define clearly established law at a high level of generality.)
- Barton v. Ann Arbor, City of, No. 2:23-cv-11423 (E.D. Mich. Sept. 13, 2024). (We have repeatedly told courts…not to define clearly established law at a high level of generality.)
Show 214 more citing cases
- Kelly Lorenz v. Cnty. of San Bernardino, No. 23-55014 (9th Cir. June 11, 2024).unpublished(The general proposition, for example, that an unreasonable search or seizure violates the Fourth Amendment is of little help in determining whether the violative nature of particular conduct is clearly established.)
- Betancourth v. Knorr, No. 3:22-cv-00060 (M.D. Pa. Mar. 29, 2024). (We have repeatedly told courts ... not to define clearly established law at a high level of generality. The general proposition, for example, that an unreasonable search or seizure violates the Fourth Amendment is of l…)
- Mills v. Zeichner, No. 2:23-cv-01130 (W.D. Wash. Jan. 17, 2024). (The general 17 proposition, for example, that an unreasonable search or seizure violates the Fourth 18 Amendment is of little help in determining whether the violative nature of particular 19 conduct is clearly establi…)
- North Atl. Sec. v. Blache, No. 22-30703 (5th Cir. Nov. 17, 2023).unpublished(We have repeatedly told courts . . . not to define clearly established law at a high level of generality.)
- Patricia Polanco v. Ralph Diaz, 76 F.4th 918 (9th Cir. 2023).published And taking Plaintiffs’ allegations as true—again, as we must do at this stage of the proceedings—Defendants knew just that. 9 The fact that the illness here was a newly discovered communicable disease rather than a toxin would not have led…
- Dunigan v. Thomas, No. 2:22-cv-11038 (E.D. Mich. Feb. 24, 2023). (The general proposition, for example, that an unreasonable search or seizure violates the Fourth Amendment is of little help in determining whether the violative nature of particular conduct is clearly established.)
- Eaton v. Estabrook, No. 3:21-cv-00324 (D. Conn. Jan. 26, 2023). (We have repeatedly told courts . . . not to define clearly established law at a high level of generality.)
- Gilmore v. Beveridge, No. 2:22-cv-02032 (D. Kan. Nov. 18, 2022). (The general proposition, for example, that an unreasonable search or seizure violates the Fourth Amendment is of little help in determining whether the violative nature of particular conduct is clearly established.)
- Carroll v. City of Jefferson, No. 2:21-cv-00392 (E.D. Tex. Aug. 5, 2022). (We have repeatedly told courts . . . not to define clearly established law at a high level of generality.)
- Parker v. SDSU Police Dept (SDSUPD), No. 3:20-cv-00661 (S.D. Cal. June 10, 2022). (The general 18 proposition . . . . that an unreasonable search or seizure violates the Fourth Amendment is 19 of little help in determining whether the violative nature of particular conduct is clearly 20 established.)
- Serpik v. Marsee, No. 5:22-cv-00350 (W.D. Okla. June 6, 2022). (The general proposition, for example, that an unreasonable search or seizure violates the Fourth Amendment is of little help in determining whether the violative nature of particular conduct is clearly established.)
- Donald Gaddis v. Bryan J. DeMattei, 30 F.4th 625 (7th Cir. 2022).published(We have repeatedly told courts … not to define clearly established law at a high level of generality.)
- Grushack v. New Jersey Dep't of Corr., No. 2:21-cv-00623 (D.N.J. Sept. 30, 2021).unpublished (The general proposition, for example, that an unreasonable search or seizure violates the Fourth Amendment is of little help in determining whether the violative nature of particular conduct is established.)
- Carr v. Cnty. of San Diego, No. 3:19-cv-01139 (S.D. Cal. Sept. 17, 2021). (We have repeatedly told courts . . . not to define clearly established law at 24 a high level of generality.)
- Rombach v. Culpepper, No. 20-30554, 2021 WL 2944809 (5th Cir. July 13, 2021).unpublished(We have repeatedly told courts . . . not to define clearly established law at a high level of generality.)
- Pierre v. Police Officer Mccolgan, No. 2:19-cv-05835 (E.D. Pa. Mar. 3, 2021).(We have repeatedly told courts . . . not to define clearly established law at a high level of generality)
- Taylor v. Hughes, No. 1:13-cv-04597 (N.D. Ill. June 30, 2020).(The general proposition, for example, that an unreasonable search or seizure violates the Fourth Amendment is of little help in determining whether the violative nature of particular conduct is clearly established.)
- Locke v. Choctaw City of, No. 5:20-cv-00099 (W.D. Okla. Apr. 14, 2020).(We have repeatedly told courts … not to define clearly established law at a high level of generality. … The general proposition, for example, that an unreasonable search or seizure violates the Fourth Amendment is of l…)
- Padilla v. Geico Ins. Co., No. 2:19-cv-00696 (D.N.M. Jan. 29, 2020). (The general proposition, for example, that an unreasonable search or seizure violates the Fourth Amendment is of little help in determining whether the violative nature of particular conduct is clearly established.)
- German v. Rhoades, No. 5:19-cv-00751 (W.D. Okla. Dec. 9, 2019).(We have repeatedly told courts … not to define clearly established law at a high level of generality. … The general proposition, for example, that an unreasonable search or seizure violates the Fourth Amendment is of l…)
- Ashly Romero v. City of Lansing, Mich., 167 F.4th 394 (6th Cir. 2026).published
- Garcia v. Phoenix, City of, 738 F. Supp. 3d 1164 (D. Ariz. 2024).published
- Bateast v. Orunsolu, No. 5:22-cv-03093 (D. Kan. Aug. 12, 2024).
- Kalenowski v. City of Las Vegas, No. 2:20-cv-01743 (D. Nev. Aug. 21, 2024).
- Santander v. Salazar, 133 F.4th 471 (5th Cir. 2025).published
- Sommer v. Las Vegas Metro. Police Dep't, No. 2:23-cv-01682 (D. Nev. Apr. 22, 2025).
- Clark v. Valletta, 157 F.4th 201 (2d Cir. 2025).published
- Thomas v. Bruss, No. 25-20590 (5th Cir. Sept. 2, 2026).published
- Stokes, No. 1:25-cv-01917 (M.D. Pa. Aug. 11, 2026).
- Searles v. City of Houston, No. 4:24-cv-01534 (S.D. Tex. Aug. 8, 2025).
- Sealey v. Mancias, No. 24-50998 (5th Cir. Aug. 19, 2025).unpublished
- David McNair v. Collin Pratt, No. 24-1362 (6th Cir. Sept. 3, 2025).unpublished
- Ballentine v. Broxton, 155 F.4th 462 (5th Cir. 2025).published
- Michael Hoover v. Justin Due, 152 F.4th 749 (6th Cir. 2025).published
- Christopher Hicks v. Kathleen Crowley, No. 25-3202 (6th Cir. Oct. 24, 2025).unpublished
- Allen, No. 3:24-cv-00067 (W.D. Va. Nov. 14, 2025).
- Sterling v. City of Jackson, No. 24-60370 (5th Cir. Nov. 17, 2025).published
- Burton, No. 4:24-cv-00761 (M.D. Pa. Dec. 17, 2025).
- Schifanelli v. Loveday, No. 2025-2046 (D.D.C. Mar. 31, 2026).published
- Richard Harrold v. Lewis Hagen, 174 F.4th 393 (4th Cir. 2026).published
- Rezene, No. 2:25-cv-02305 (D. Kan. Apr. 27, 2026).
- Cook, No. 1:25-cv-00274 (E.D. Tex. Mar. 27, 2026).
- Dilworth v. Tucker, 179 F.4th 992 (5th Cir. 2026).published
- Larry Richardson v. Nathan Falk, No. 25-1867 (6th Cir. Aug. 6, 2026).published
- Brown v. Wallace, No. 25-30135 (5th Cir. Aug. 14, 2026).unpublished
- Fairchild, No. 1:23-cv-00467 (N.D. Ind. Sept. 10, 2026).
- Whetstone, No. 2:25-cv-00050 (N.D. Tex. Sept. 11, 2026).
- G.B. v. Wood Cnty. Bd. of Educ., No. 2:24-cv-00220 (S.D. W. Va. Sept. 16, 2026).
- Journeys E-Scooters LLC v. Julio Roldán-Concepción, No. 3:22-cv-01281 (D.P.R. Sept. 23, 2026).
- Bosman, No. 4:23-cv-04919 (D.S.C. Sept. 25, 2026).
- Brown v. City of Racine, No. 2:23-cv-01327 (E.D. Wis. Jan. 15, 2025).
- Lewis v. Delgado, 163 F.4th 926 (5th Cir. 2026).published
- Sterling v. City of Jackson, No. 24-60370 (5th Cir. Sept. 4, 2026).published
- Fogleman-Laxey v. Guillory, No. 25-30132 (5th Cir. Aug. 24, 2026).published
- Hofbauer, No. 2:24-cv-00032 (W.D. Mich. Aug. 28, 2026).
At page 735 Qualified immunity analysis and judicial discretion833 citing cases“the right was 'clearly established' at the time of the challenged conduct.”
- Jenkins v. Peters, No. 2:23-cv-01202 (D. Or. Aug. 28, 2025). The difficulty the court has experienced in attempting to determine whether plaintiff’s letter to Peters is protected conduct necessarily demonstrates that the prison officials’ response to plaintiff’s letter was not barred by any existing…
- Hannibal v. Harris Cnty. Constable Precinct One, No. 4:22-cv-01330 (S.D. Tex. Feb. 14, 2025). Cope, 3 F.4th at 205 ; Ashcroft, 563 U.S. at 742, 131 S.Ct. at 2084 (“We have repeatedly told courts . . . not to define clearly established law at a high level of generality.”).
- Fought v. City of Wilkes-Barre, No. 3:17-cv-01825 (M.D. Pa. Sept. 27, 2024). “In determining whether a right has been clearly established, the court must define the right allegedly violated at the appropriate level of specificity.” Sharp v. Johnson, 669 13 F.3d 144, 159 (3d Cir. 2012); see also al–Kidd, 563 U.S. at…
- Sylvan Plowright v. Miami Dade Cnty., 102 F.4th 1358 (11th Cir. 2024).published
- M.A.C. v. Garza, No. 23-40592 (5th Cir. Aug. 7, 2024).unpublished
- Amir M. Meshal v. Comm'r, 117 F.4th 1273 (11th Cir. 2024).published
- Brian Boquist v. Peter Courtney, No. 23-35535 (9th Cir. Sept. 17, 2024).unpublished
- Garcia v. Phoenix, City of, 738 F. Supp. 3d 1164 (D. Ariz. 2024).published
- Bateast v. Orunsolu, No. 5:22-cv-03093 (D. Kan. Aug. 12, 2024).
- Jarett v. Garnett, No. 2:24-cv-02151 (D. Kan. Oct. 1, 2024).
Show 207 more citing cases
- Young v. Muskegon Heights, City of, No. 1:23-cv-00460 (W.D. Mich. July 17, 2024).
- Jenkins v. Rankin Cnty., No. 3:23-cv-00374 (S.D. Miss. July 24, 2024).
- Kirby v. Borough of Woodcliff Lake, No. 2:20-cv-01670 (D.N.J. Aug. 20, 2024).unpublished
- Sagherian v. City of Henderson, No. 2:23-cv-00497 (D. Nev. June 10, 2024).
- Kalenowski v. City of Las Vegas, No. 2:20-cv-01743 (D. Nev. Aug. 21, 2024).
- Sivatia v. Fox, No. 2:21-cv-00761 (D. Utah July 25, 2024).
- Feds for Med. Freedom v. Austin, No. 3:23-cv-05490 (W.D. Wash. June 10, 2024).
- Benshoof v. Ferguson, No. 2:24-cv-00808 (W.D. Wash. July 12, 2024).
- Johnson v. Garrett, No. 3:20-cv-01935 (D. Or. Sept. 13, 2024).
- William Manery v. Jason Lee, 124 F.4th 1073 (7th Cir. 2025).published
- Montgomery v. Hunt, No. 1:22-cv-00801 (M.D.N.C. Jan. 28, 2025).
- Covington v. Brown, No. 1:21-cv-00385 (M.D.N.C. Jan. 31, 2025).
- Leatham v. Yearick, No. 1 CA-SA 24-0200 (Ariz. Ct. App. Feb. 3, 2025).unpublished
- Cheatham v. Jones, No. 2:23-cv-00475 (D. Nev. Feb. 24, 2025).
- Hoch v. Gaughan South, LLC, No. 2:23-cv-00066 (D. Nev. Feb. 24, 2025).
- Bays v. New Braunfels Police Dep't, No. 5:23-cv-01566 (W.D. Tex. Feb. 3, 2025).
- Huntimer v. Young, No. 4:23-cv-04005 (D.S.D. Mar. 17, 2025).
- Jones v. Moore City of, No. 5:24-cv-00855, 2025 WL 864833 (W.D. Okla. Mar. 19, 2025).
- Lazar v. City of Philadelphia, No. 2:24-cv-00907 (E.D. Pa. Mar. 21, 2025).
- Ellis v. United States, No. 1:23-cv-08350 (E.D.N.Y. Mar. 24, 2025).
- Walker v. Bailey, No. 2:23-cv-02169 (W.D. Tenn. Mar. 27, 2025).
- Eason v. City of Senatobia, 776 F. Supp. 3d 492 (N.D. Miss. 2025).published
- Santander v. Salazar, 133 F.4th 471 (5th Cir. 2025).published
- Sommer v. Las Vegas Metro. Police Dep't, No. 2:23-cv-01682 (D. Nev. Apr. 22, 2025).
- GARCIA v. Northside Indep. Sch. Dist., No. 5:24-cv-01099 (W.D. Tex. June 23, 2025).
- Clarissa Gilmore v. Georgia Dep't of Corr., 144 F.4th 1246 (11th Cir. 2025).published
- Lloyd-adams v. Kelsch, 793 F. Supp. 3d 1362 (M.D. Ga. 2025).published
- King v. Dickerson, No. 1:23-cv-00730 (M.D.N.C. Aug. 11, 2025).
- Clark v. Valletta, 157 F.4th 201 (2d Cir. 2025).published
- Shannon Casey Sargent v. City of Hernando, No. 3:24-cv-00356 (N.D. Miss. Oct. 22, 2025).
- Brown, No. 3:24-cv-00359 (N.D. Miss. Nov. 5, 2025).
- Carter, No. 2:24-cv-00515 (D. Utah Nov. 10, 2025).
- Kaneakua, No. 1:22-cv-00201 (D. Haw. Dec. 1, 2025).
- RMJ, Ventures, LLC v. Quakertown Borough, No. 2:25-cv-00947 (E.D. Pa. Dec. 5, 2025).
- Wieland, No. 1:24-cv-00215 (D. Haw. Dec. 9, 2025).
- Zeng, No. 3:23-cv-01570 (N.D. Tex. Dec. 15, 2025).
- Nduagubu, No. 2:23-cv-00961 (D.N.J. Dec. 16, 2025).
- Waldrop, No. 1:25-cv-01194 (D. Colo. Feb. 10, 2026).
- Manno, No. 1:23-cv-00037 (M.D.N.C. Feb. 23, 2026).
- Nguyen, No. 3:25-cv-00204 (S.D. Tex. Mar. 25, 2026).
- Brewton, No. 0:25-cv-01073 (D.S.C. Mar. 12, 2026).
- Brewton, No. 7:25-cv-10435 (D.S.C. Mar. 13, 2026).
- Kathleen Hayes v. Bd. of Educ. of the City of Chicago, 176 F.4th 994 (7th Cir. 2026).published
- Davis, No. 8:25-cv-02548 (D.S.C. Apr. 8, 2026).
- Cubin v. Gordon, No. 25-8021 (10th Cir. July 21, 2026).unpublished
- Keesley, No. 8:24-cv-07493 (D.S.C. July 17, 2026).
- Thomas v. Bruss, No. 25-20590 (5th Cir. Sept. 2, 2026).published
- Stokes, No. 1:25-cv-01917 (M.D. Pa. Aug. 11, 2026).
- Baltas v. Chapdelaine, 153 F.4th 328 (2d Cir. 2025).published
- Arbeeny v. Cuomo, No. 24-2856 (2d Cir. Nov. 4, 2025).unpublished
- Lewis v. Delgado, 163 F.4th 926 (5th Cir. 2026).published
- Rosenberg, No. 1:25-cv-00182 (S.D. Miss. Feb. 24, 2026).
- Daniels, No. 9:23-cv-00983 (N.D.N.Y. Mar. 2, 2026).
- Wolf, No. 1:24-cv-01797 (M.D. Pa. Mar. 31, 2026).
- Lewis, No. 3:25-cv-00201 (S.D. Tex. Mar. 26, 2026).
- B., No. 3:24-cv-00301 (N.D. Cal. June 29, 2026).
- Doe, No. 4:25-cv-00859 (N.D. Tex. Aug. 11, 2026).
- Robins, No. 3:21-cv-01474 (M.D. Pa. Aug. 17, 2026).
- Russell, No. 1:25-cv-01100 (W.D. Tenn. Aug. 24, 2026).
- Texas Auto Salvage, Inc. v. City of San Antonio, No. 5:25-cv-00052 (W.D. Tex. July 24, 2026).
- Benjamin, No. 2:20-cv-00962 (M.D. Ala. Aug. 31, 2026).
- Sterling v. City of Jackson, No. 24-60370 (5th Cir. Sept. 4, 2026).published
- Gonzalez, No. 1:24-cv-03859 (S.D.N.Y. Sept. 28, 2026).
- Nicole Schneyder v. Gina Smith, 653 F.3d 313 (3d Cir. 2011).published“An arrest, of course, qualifies as a ‘seizure’ of a ‘person’ ..., and so must be reasonable under the circumstances.”
At page 743 Qualified immunity protecting reasonable judgments on open legal questions216 citing casesQualified immunity gives government officials breathing room to make reasonable but mistaken judgments about open legal questions. When properly applied, it protects all but the plainly incompetent or those who knowingly violate the law.
- Jenkins v. Peters, No. 2:23-cv-01202 (D. Or. Aug. 28, 2025). (Qualified immunity gives government officials breathing room to make reasonable but mistaken judgments about open legal questions.)
- Avila v. Schnell, No. 0:22-cv-03180 (D. Minn. Jan. 30, 2024).(Qualified immunity gives government officials breathing room to make reasonable but mistaken judgments about open legal questions.)
- McCree v. Chester, City of, No. 0:20-cv-00867 (D.S.C. Feb. 8, 2023). (Qualified immunity gives government officials breathing room to make reasonable but mistaken judgments about open legal questions. When properly applied, it protects all but the plainly incompetent or those who knowing…)
- Eaton v. Estabrook, No. 3:21-cv-00324 (D. Conn. Jan. 26, 2023). But the U.S. Supreme Court has explained that defining a right at such a high level of generality does not render the right clearly established for the purpose of evaluating a qualified immunity defense. al-Kidd, 563 U.S. at 742 (“We have…
- Stevenson v. Dist. of Columbia, 639 F. Supp. 3d 117 (D.D.C. 2022).published (Qualified immunity gives government officials breathing room to make reasonable but mistaken judgments about open legal questions.)
- Duncan v. Bibb Cnty. Sheriff's Dep't, 471 F. Supp. 3d 1243 (N.D. Ala. 2020).published See Connick, 563 U.S. at 62 (“Policymakers’ continued adherence to an approach that they know or should know has failed to prevent tortious conduct by employees may establish the conscious disregard for the consequences of their action—the…
- Chidume v. GreenBurgh-North Castle Union Free Sch. Dist., No. 7:18-cv-01790-PMH, 2020 WL 2131771 (S.D.N.Y. May 4, 2020).([Q]ualified immunity ‘gives government officials breathing room to make reasonable but mistaken judgments . . . [and] it protects ‘all but the plainly incompetent or those who knowingly violate the law.’)
- Zuniga v. Calderon, No. 5:18-cv-00338 (W.D. Tex. Dec. 19, 2019).(Qualified immunity gives government officials breathing room to make reasonable but mistaken judgments about open legal questions.)
- Shelly Ioane v. Jean Noll, No. 16-16089 (9th Cir. Sept. 19, 2019).published See al-Kidd, 563 U.S. at 741 (“We do not require a case directly on point, but existing precedent must have placed the statutory or constitutional question beyond debate”); White v. Lee, 227 F.3d 1214, 1238 (9th Cir. 2000) (“[Cl]osely anal…
- Lotto v. Tendler, No. 3:21-cv-01417 (D. Conn. Jan. 9, 2023).
Show 205 more citing cases
- Sauceda v. Lopez, 125 F.4th 634 (5th Cir. 2025).published
- Sauceda v. Lopez, No. 24-40174 (5th Cir. June 23, 2025).unpublished
- Clarissa Gilmore v. Georgia Dep't of Corr., 144 F.4th 1246 (11th Cir. 2025).published
- Hill v. Cnty. of Benewah, No. 2:18-cv-00320, 2020 WL 1049905 (D. Idaho Mar. 4, 2020).
- Bradshaw v. Meyer, No. 1:24-cv-00267 (D. Colo. Sept. 30, 2025).
- Est. of Frances D DeRosa v. Philip Murphy, No. 25-1283 (3d Cir. Jan. 23, 2026).unpublished
- Est. of Rose Boehs, by & through Renee Heflin, Marlinda Lamle, & Desiree Selby, Pers. Representatives; Est. of Penelope Lamle, by & through Joshua Lamle & Lexy Jobe, Pers. Representatives; & Est. of Maxine Houston, by & through Dal Houston, Pers. Rep. v. Oklahoma Dep't of Human Servs.; Oklahoma Health Care Auth.; Kayla Bean, individually; Lena Schweitzer, individually; Cynthia Wunderle, individually; & John Does, No. 5:25-cv-00947 (W.D. Okla. June 12, 2026).
- Lindsay Dyda v. Michigan Sec'y of State, No. 26-1228 (6th Cir. July 20, 2026).published
- Ullerich, No. 1:21-cv-02954 (D. Colo. Sept. 21, 2026).
- Brown v. City of Racine, No. 2:23-cv-01327 (E.D. Wis. Jan. 15, 2025).
- Evans v. Doe 1, No. 2:21-cv-00413 (W.D. Pa. Sept. 4, 2025).
- Whipper, No. 3:23-cv-00027 (D. Conn. Dec. 9, 2025).
At page 736 Determining objective reasonableness of searches and seizures28 citing cases[W]hen reviewing an arrest, [the Court] ask[s] ‘whether the circumstances, viewed objectively, justify [the challenged] action,’ and if so, conclude[s] ‘that action was reasonable whatever the subjective intent motivating the relevant officials.’
- Hoedebecke v. City of Springfield, No. 3:20-cv-03057 (C.D. Ill. Sept. 1, 2022). ([W]hen reviewing an arrest, [the Court] ask[s] ‘whether the circumstances, viewed objectively, justify [the challenged] action,’ and if so, conclude[s] ‘that action was reasonable whatever the subjective intent motivat…)
- Cyeef-Din v. Onken, 586 F. Supp. 3d 1139 (D.N.M. 2022).published
- United States v. Victor Orozco, 858 F.3d 1204 (9th Cir. 2017).published
- United States v. Miguel Angel Savellano, No. 17-50406 (9th Cir. Oct. 25, 2018).unpublished
- Com. v. Richardson, L., No. 1291 WDA 2016 (Pa. Super. Ct. Mar. 29, 2019).unpublished
- Gregorio Perez Cruz v. William Barr, 926 F.3d 1128 (9th Cir. 2019).published
- Picatti v. Miner, 449 P.3d 403 (Idaho 2019).published
- Cybernet, LLC v. Jonathan David, 954 F.3d 162 (4th Cir. 2020).published
- United States v. Franz Grey, 959 F.3d 1166 (9th Cir. 2020).published
- United States v. Haseeb Malik, 963 F.3d 1014 (9th Cir. 2020).published
Show 18 more citing cases
- Robin Mayfield v. Butler Snow, L.L.P., 976 F.3d 482 (5th Cir. 2020).published
- David Demarest v. City of Vallejo, 44 F.4th 1209 (9th Cir. 2022).published
- Com. v. Deavers, K., No. 796 MDA 2022 (Pa. Super. Ct. Jan. 6, 2023).unpublished
- Andre Verdun v. City of San Diego, 51 F.4th 1033 (9th Cir. 2022).published
- Commonwealth v. Jackson, K., 302 A.3d 737 (Pa. 2023).published
At page 740 Objective justification standard for arrests over subjective intent19 citing casesEfficient and evenhanded application of the law demands that we look to whether the arrest is objectively justified, rather than to the motive of the arresting officer.
- Carlos Gonzalez v. Able Huerta, 826 F.3d 854 (5th Cir. 2016).published
- David Jones v. Clark Cty., Ky., 959 F.3d 748 (6th Cir. 2020).published
- (PC) Allen v. Botkin, No. 2:17-cv-01584 (E.D. Cal. Aug. 6, 2019).
- (PC) Wahl v. Sutton, No. 1:16-cv-01576 (E.D. Cal. Sept. 5, 2019).
- (PC) Rico v. Ducart, No. 2:19-cv-01989 (E.D. Cal. Feb. 6, 2020).
- (PC) Blocker v. Sadighi, No. 2:18-cv-00253 (E.D. Cal. Apr. 26, 2021).
- (PC) Townsend v. Hemela, No. 1:19-cv-01054 (E.D. Cal. Aug. 24, 2021).
- (PC) Camposeco v. Stamper, No. 1:19-cv-01330 (E.D. Cal. Oct. 8, 2021).
- Perkins v. City of Modesto, No. 1:19-cv-00126, 2022 WL 297101 (E.D. Cal. Feb. 1, 2022).
- (PC) Wesson v. Linde, No. 2:19-cv-01880 (E.D. Cal. Sept. 8, 2022).
Show 9 more citing cases
- (PC) Castellano v. Shrum, No. 2:19-cv-02030 (E.D. Cal. July 17, 2023).
- (PC) Rico v. Ducart, No. 2:19-cv-01989 (E.D. Cal. Feb. 8, 2024).
- (PC) Brown v. Dir. of Corr., No. 2:20-cv-01734 (E.D. Cal. Feb. 9, 2024).
- Guy v. Lorenzen, 547 F. Supp. 3d 927 (S.D. Cal. 2021).published
- Tyree Tevin Jackson v. Gerald Boron, No. 5:23-cv-03048 (D. Kan. Sept. 21, 2026).
At page 737 Reject subjective intent in fourth amendment analysis12 citing casesstating that the Supreme Court has "almost uniformly rejected invitations to probe subjective intent
- Cyeef-Din v. Onken, 586 F. Supp. 3d 1139 (D.N.M. 2022).published
- United States v. Victor Orozco, 858 F.3d 1204 (9th Cir. 2017).published
- Commonwealth v. Jackson, K., 302 A.3d 737 (Pa. 2023).published
- David Scott v. Cnty. of San Bernardino, 903 F.3d 943 (9th Cir. 2018).published
- Nieves v. Bartlett, 587 U.S. 391 (2019).published
- Hill v. Cnty. of Benewah, No. 2:18-cv-00320, 2020 WL 1049905 (D. Idaho Mar. 4, 2020).
- Price v. Indy Trading Post, No. 1:19-cv-01267 (S.D. Ind. May 26, 2020).
- United States v. Jose Ortega-Ayala, No. 23-4603 (4th Cir. June 17, 2025).published
- United States v. Jose Ordonez-Zometa, 141 F.4th 531 (4th Cir. 2025).published
- United States v. Jose Hernandez-Garcia, No. 23-4504 (4th Cir. June 17, 2025).published
Show 1 more citing case
- Ross, No. 2:24-cv-02313 (W.D. Tenn. Oct. 23, 2025).
At page 734 Accepting factual allegations for motion to dismiss analysis9 citing casestaking as true the factual allegations in the complaint but granting qualified immunity at the motion to dismiss stage
- Jorge Rico v. Clark Ducart, 980 F.3d 1292 (9th Cir. 2020).published
- Doe I v. Cisco Sys., Inc., 73 F.4th 700 (9th Cir. 2023).published
- Chiaravallo v. Middletown Transit Dist., No. 3:18-cv-01360 (D. Conn. Sept. 10, 2019).
- Klein v. Glick, No. 3:19-cv-01056, 2020 WL 5097444 (D. Conn. Aug. 28, 2020).
- Soyinka v. Franklin Collection Serv., Inc., 472 F. Supp. 3d 463 (N.D. Ill. 2020).published
- Freeman v. MAM USA Corp., 528 F. Supp. 3d 849 (N.D. Ill. 2021).published
- Daly v. Fitlife Brands, Inc., No. 1:22-cv-00762, 2023 WL 6388112 (N.D. Ill. Sept. 29, 2023).
- Cyeef-Din v. Onken, 586 F. Supp. 3d 1139 (D.N.M. 2022).published
- Ashly Romero v. City of Lansing, Mich., 167 F.4th 394 (6th Cir. 2026).published
131 S. Ct. at 2086 Determining authority for constitutional claims7 citing cases
- Adams v. Hanson, 656 F.3d 397 (6th Cir. 2011).published
- Stanton v. Sims, 571 U.S. 3 (2013).published
- Christopher Payne v. Fred Britten, 749 F.3d 697 (8th Cir. 2014).published
- Clifford George v. Thomas Edholm, 752 F.3d 1206 (9th Cir. 2014).published
- Scott Lee Rudlaff v. Brandon Gillispie, 791 F.3d 638 (6th Cir. 2015).published
- Rivera-Corraliza v. Puig-Morales, 794 F.3d 208 (1st Cir. 2015).published
- Zackary Stewart v. Karl Wagner, 836 F.3d 978 (8th Cir. 2016).published
At page 746 Distinguishing controlling versus persuasive authority for qualified immunity6 citing casesnoting that consensus of cases of persuasive authority may create clearly established law
- Brown v. City of Racine, No. 2:23-cv-01327 (E.D. Wis. Jan. 15, 2025).
- Cugini v. City of New York, Palazzola, 941 F.3d 604 (2d Cir. 2019).published
- Will El v. City of Pittsburgh, 975 F.3d 327 (3d Cir. 2020).published
- Sgaggio v. De Young, No. 1:20-cv-01977 (D. Colo. Mar. 31, 2022).
- Young Am.'s Found. v. Berthelsen, No. 0:18-cv-01864 (D. Minn. Feb. 26, 2019).
- Phelps, No. 1:23-cv-11020 (E.D. Mich. Nov. 12, 2025).
131 S. Ct. at 2082 Justification for material witness detention and search standards8 citing casesdiscussing the justification for detaining a person as a material witness in terms of ―individualized reasons to believe that he was a material witness and that he would soon disappear‖ and ―individualized suspicion,‖ rather than probable cause
- United States v. McCarty, 648 F.3d 820 (9th Cir. 2011).published
- Eunice Webb v. Rodney Arbuckle, 456 F. App'x 374 (5th Cir. 2011).unpublished
- United States v. De La Cruz, 703 F.3d 1193 (10th Cir. 2013).published
- Donald Vance v. United States, No. 10-2442 (7th Cir. Aug. 8, 2011).published
- Nicole Schneyder v. Gina Smith, 653 F.3d 313 (3d Cir. 2011).published
131 S. Ct. at 2078 Defining clearly established rights for qualified immunity5 citing cases
- Brian Sawyer v. Jim Asbury, 537 F. App'x 283 (4th Cir. 2013).unpublished
- Bobby Bland v. B. Roberts, 730 F.3d 368 (4th Cir. 2013).published
- Derrick Newman v. James Guedry, 703 F.3d 757 (5th Cir. 2012).published
- McDaniel v. Arnold, 898 F. Supp. 2d 809 (D. Md. 2012).published
- Meyers v. Baltimore Cnty., 981 F. Supp. 2d 422 (D. Md. 2013).published
At page 731 Determining immunity for authorizing material-witness warrants5 citing casesJustice Scalia delivered the opinion of the Court. We decide whether a former Attorney General enjoys immunity from suit for allegedly authorizing federal…
- Dew v. City of Seaside, No. 4:19-cv-06009 (N.D. Cal. Mar. 5, 2021).
- Banks v. Mortimer, 620 F. Supp. 3d 902 (N.D. Cal. 2022).published
- Prospero v. Sullivan, No. 2:20-cv-00110 (S.D. Ga. Dec. 29, 2023).
- Cunningham v. Shelby Cnty., TN, No. 2:18-cv-02185 (W.D. Tenn. Apr. 1, 2020).
- A. L. v. City of Bakersfield, No. 1:23-cv-00885 (E.D. Cal. Feb. 24, 2025).
131 S. Ct. at 2079 Protecting officials under qualified immunity standard4 citing casesholding that ordinary qualified immunity standard protects officials in a suit alleging an unconstitutional use of the material witness statute for detaining terrorism suspects
- Jose Padilla v. John Yoo, 678 F.3d 748 (9th Cir. 2012).published
- United States v. Ressam, 679 F.3d 1069 (9th Cir. 2012).published
- Amanda Cruz v. Joshua Davidson, 552 F. App'x 865 (11th Cir. 2013).unpublished
- Maria Stapleton v. Advocate Health Care Network, 817 F.3d 517 (7th Cir. 2016).published
179 L. Ed. 2d at 1155 Defining the scope of qualified immunity shield3 citing cases
- Eric Morillo v. Monmouth Cnty. Sheriff's, 117 A.3d 1206 (N.J. 2015).published
- Melene James v. City of Boise, 351 P.3d 1171 (Idaho 2015).published
- Melene James v. City of Boise, 376 P.3d 33 (Idaho 2016).published
131 S. Ct. at 2074 Defining clearly established law at a high level of generality3 citing cases
- Michael-Ryan Kruger v. State of Nebraska, 820 F.3d 295 (8th Cir. 2016).published
- Goode v. Berlanga, 646 F. App'x 427 (6th Cir. 2016).unpublished
- McGettigan v. Di Mare, 173 F. Supp. 3d 1114 (D. Colo. 2016).published
At page 732 Defining clearly established law for qualified immunity3 citing cases
- Lotto v. Tendler, No. 3:21-cv-01417 (D. Conn. Jan. 9, 2023).
- Sauceda v. Lopez, 125 F.4th 634 (5th Cir. 2025).published
- Sauceda v. Lopez, No. 24-40174 (5th Cir. June 23, 2025).unpublished
At page 739 Reject subjective motive inquiries in objective reasonableness analysis3 citing cases“Our unanimous opinion [in Whren] held that we would not look behind an objectively reasonable traffic stop to determine whether racial profiling or a desire to investigate other potential crimes was the real motive.”
- Clark v. Valletta, 157 F.4th 201 (2d Cir. 2025).published
- Becker v. Nassau BOCES Sch. Dist., No. 2:21-cv-02855 (E.D.N.Y. Sept. 29, 2022).
- United States v. Weaver, 9 F.4th 129 (2d Cir. 2021).published“Our unanimous opinion [in Whren] held that we would not look behind an objectively reasonable traffic stop to determine whether racial profiling or a desire to investigate other potential crimes was the real motive.”
131 S. Ct. at 2089 Determining qualified immunity in warrant applications3 citing cases
- Adams v. Hanson, 656 F.3d 397 (6th Cir. 2011).published
- People v. White, 956 N.E.2d 379 (Ill. 2011).published
131 S. Ct. at 2081 [The] exception [does] not apply where the officer’s purpose is not to attend to the special needs or to the investigation for which the administrative inspection is justified.1 citing case
- United States v. Rivera, 61 V.I. 617 (D.V.I. 2014).published
At page 744 Arrest validity when warrant is valid and motive is improper2 citing cases“Because [the defendant] did not violate clearly established law, we need not address the more difficult question whether he enjoys absolute immunity.”
- Benavidez v. Howard, 931 F.3d 1225 (10th Cir. 2019).published“Because [the defendant] did not violate clearly established law, we need not address the more difficult question whether he enjoys absolute immunity.”
v.
Al-KIDD
Lead Opinion
delivered the opinion of the Court.
We decide whether a former Attorney General enjoys immunity from suit for allegedly authorizing federal prosecutors to obtain valid material-witness warrants for detention of terrorism suspects whom they would otherwise lack probable cause to arrest.
I
The federal material-witness statute authorizes judges to “order the arrest of [a] person” whose testimony “is material in a criminal proceeding ... if it is shown that it may become impracticable to secure the presence of the person by subpoena.” 18 U. S. C. § 3144. Material witnesses enjoy the same constitutional right to pretrial release as other federal detainees, and federal law requires release if their testimony “can adequately be secured by deposition, and if further detention is not necessary to prevent a failure of justice.” Ibid.
[*734] Because this case arises from a motion to dismiss, we accept as true the factual allegations in Abdullah al-Kidd’s complaint. The complaint alleges that, in the aftermath of the September 11th terrorist attacks, then-Attorney General John Ashcroft authorized federal prosecutors and law enforcement officials to use the material-witness statute to detain individuals with suspected ties to terrorist organizations. It is alleged that federal officials had no intention of calling most of these individuals as witnesses, and that they were detained, at Ashcroft’s direction, because federal officials suspected them of supporting terrorism but lacked sufficient evidence to charge them with a crime.
It is alleged that this pretextual detention policy led to the material-witness arrest of al-Kidd, a native-born United States citizen. FBI agents apprehended him in March 2003 as he checked in for a flight to Saudi Arabia. Two days earlier, federal officials had informed a Magistrate Judge that, if al-Kidd boarded his flight, they believed information “crucial” to the prosecution of Sami Omar al-Hussayen would be lost. App. 64. Al-Kidd remained in federal custody for 16 days and on supervised release until al-Hussayen’s trial concluded 14 months later. Prosecutors never called him as a witness.
In March 2005, al-Kidd filed this Bivens action, see Bivens v. Six Unknown Fed. Narcotics Agents, 403 U. S. 388 (1971), to challenge the constitutionality of Ashcroft’s alleged policy; he also asserted several other claims not relevant here against Ashcroft and others. Ashcroft filed a motion to dismiss based on absolute and qualified immunity, which the District Court denied. A divided panel of the United States Court of Appeals for the Ninth Circuit affirmed, holding that the Fourth Amendment prohibits pretextual arrests absent probable cause of criminal wrongdoing, and that Ashcroft could not claim qualified or absolute immunity. See 580 F. 3d 949 (2009).
[*735] Judge Bea dissented, id., at 981, and eight judges dissented from the denial of rehearing en banc, see 598 F. 3d 1129, 1137, 1142 (2010). We granted certiorari, 562 U. S. 980 (2010).
II
Qualified immunity shields federal and state officials from money damages unless a plaintiff pleads facts showing (1) that the official violated a statutory or constitutional right, and (2) that the right was “clearly established” at the time of the challenged conduct. Harlow v. Fitzgerald, 457 U. S. 800, 818 (1982). We recently reaffirmed that lower courts have discretion to decide which of the two prongs of qualified-immunity analysis to tackle first. See Pearson v. Callahan, 555 U. S. 223, 236 (2009).
Courts should think carefully before expending “scarce judicial resources” to resolve difficult and novel questions of constitutional or statutory interpretation that will “have no effect on the outcome of the case.” Id., at 236-237; see id., at 237-242. When, however, a court of appeals does address both prongs of qualified-immunity analysis, we have discretion to correct its errors at each step. Although not necessary to reverse an erroneous judgment, doing so ensures that courts do not insulate constitutional decisions at the frontiers of the law from our review or inadvertently undermine the values qualified immunity seeks to promote. The former occurs when the constitutional-law question is wrongly decided; the latter when what is not clearly established is held to be so. In this case, the Court of Appeals’ analysis at both steps of the qualified-immunity inquiry needs correction.
A
The Fourth Amendment protects “[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.” An arrest, of course, qualifies as a “seizure” of a “person” under this provi[*736]sion, Dunaway v. New York, 442 U. S. 200, 207-208 (1979), and so must be reasonable under the circumstances. Al-Kidd does not assert that Government officials would have acted unreasonably if they had used a material-witness warrant to arrest him for the purpose of securing his testimony for trial. See Brief for Respondent 16-17; Tr. of Oral Arg. 20-22. He contests, however (and the Court of Appeals here rejected), the reasonableness of using the warrant to detain him as a suspected criminal.
Fourth Amendment reasonableness “is predominantly an objective inquiry.” Indianapolis v. Edmond, 531 U. S. 32, 47 (2000). We ask whether “the circumstances, viewed objectively, justify [the challenged] action.” Scott v. United States, 436 U. S. 128, 138 (1978). If so, that action was reasonable “whatever the subjective intent” motivating the relevant officials. Whren v. United States, 517 U. S. 806, 814 (1996). This approach recognizes that the Fourth Amendment regulates conduct rather than thoughts, Bond v. United States, 529 U. S. 334, 338, n. 2 (2000); and it promotes evenhanded, uniform enforcement of the law, Devenpeck v. Alford, 543 U. S. 146, 153-154 (2004).
Two “limited exception[s]” to this rule are our special-needs and administrative-search cases, where “actual motivations” do matter. United States v. Knights, 534 U. S. 112, 122 (2001) (internal quotation marks omitted). A judicial warrant and probable cause are not needed where the search or seizure is justified by "special needs, beyond the normal need for law enforcement,” such as the need to deter drug use in public schools, Vernonia School Dist. 47J v. Acton, 515 U. S. 646, 653 (1995) (internal quotation marks omitted), or the need to ensure that railroad employees engaged in train operations are not under the influence of drugs or alcohol, Skinner v. Railway Labor Executives’ Assn., 489 U. S. 602 (1989); and where the search or seizure is in execution of an administrative warrant authorizing, for example, an inspection of fire-damaged premises to determine the cause,[*737] Michigan v. Clifford, 464 U. S. 287, 294 (1984) (plurality opinion), or an inspection of residential premises to ensure compliance with a housing code, Camara v. Municipal Court of City and County of San Francisco, 387 U. S. 523, 535-538 (1967). But those exceptions do not apply where the officer’s purpose is not to attend to the special needs or to the investigation for which the administrative inspection is justified. See Whren, supra, at 811-812. The Government seeks to justify the present arrest on the basis of a properly issued judicial warrant — so that the special-needs and administrative-inspection cases cannot be the basis for a purpose inquiry here.
Apart from those cases, we have almost uniformly rejected invitations to probe subjective intent. See Brigham City v. Stuart, 547 U. S. 398, 404 (2006). There is one category of exception, upon which the Court of Appeals principally relied. In Edmond, supra, we held that the Fourth Amendment could not condone suspieionless vehicle checkpoints set up for the purpose of detecting illegal narcotics. Although we had previously approved vehicle checkpoints set up for the purpose of keeping off the road unlicensed drivers, Delaware v. Prouse, 440 U. S. 648, 663 (1979), or alcohol-impaired drivers, Michigan Dept of State Police v. Sitz, 496 U. S. 444 (1990); and for the purpose of interdicting those who illegally cross the border, United States v. Martinez-Fuerte, 428 U. S. 543 (1976); we found the drug-detection purpose in Edmond invalidating because it was “ultimately indistinguishable from the general interest in crime control,” 531 U. S., at 44. In the Court of Appeals’ view, Edmond established that “ 'programmatic purpose’ is relevant to Fourth Amendment analysis of programs of seizures without probable cause.” 580 F. 3d, at 968.
That was mistaken. It was not the absence of probable cause that triggered the invalidating-purpose inquiry in Edmond. To the contrary, Edmond explicitly said that it would approve checkpoint stops for “general crime control[*738] purposes” that were based upon merely “some quantum of individualized suspicion.” 531 U. S., at 47. Purpose was relevant in Edmond because “programmatic purposes may be relevant to the validity of Fourth Amendment intrusions undertaken pursuant to a general scheme without individualized suspicion” id., at 45-46 (emphasis added).[1]
Needless to say, warrantless, “suspicionless intrusions pursuant to a general scheme,” id., at 47, are far removed from the facts of this case. A warrant issued by a neutral Magistrate Judge authorized al-Kidd’s arrest. The affidavit accompanying the warrant application (as al-Kidd concedes) gave individualized reasons to believe that he was a material witness and that he would soon disappear. The existence of a judicial warrant based on individualized suspicion takes this case outside the domain of not only our special-needs and administrative-search cases, but of Edmond as well.
A warrant based on individualized suspicion[2] in fact grants more protection against the malevolent and the incompetent than existed in most of our cases eschewing inquiries into intent. In Whren, supra, at 813, and Devenpeck, supra, at 153, we declined to probe the motives behind seizures supported by probable cause but lacking a warrant approved by a detached magistrate. Terry v. Ohio, 392 U. S. 1, 21-22[*739] (1968), and Knights, 534 U. S., at 121-122, applied an objective standard to warrantless searches justified by a lesser showing of reasonable suspicion. We review even some suspicionless searches for objective reasonableness. See Bond, 529 U. S., at 335-336, 338, n. 2. If concerns about improper motives and pretext do not justify subjective inquiries in those less protective contexts, we see no reason to adopt that inquiry here.
Al-Kidd would read our cases more narrowly. He asserts that Whren establishes that we ignore subjective intent only when there exists “probable cause to believe that a violation of law has occurred,” 517 U. S., at 811 — which was not the case here. That is a distortion of Whren. Our unanimous opinion held that we would not look behind an objectively reasonable traffic stop to determine whether racial profiling or a desire to investigate other potential crimes was the real motive. See id., at 810, 813. In the course of our analysis, we dismissed Whren’s reliance on our inventory-search and administrative-inspection cases by explaining that those cases do not “endors[e] the principle that ulterior motives can invalidate police conduct that is justifiable on the basis of probable cause to believe that a violation of law has occurred,” id., at 811. But to say that ulterior motives do not invalidate a search that is legitimate because of probable cause to believe a crime has occurred is not to say that it does invalidate all searches that are legitimate for other reasons.
“[OJnly an undiscerning reader,” ibid., would think otherwise. We referred to probable cause to believe that a violation of law had occurred because that was the legitimating factor in the case at hand. But the analysis of our opinion swept broadly to reject inquiries into motive generally. See id., at 812-815. We remarked that our special-needs and administrative-inspection eases are unusual in their concern for pretext, and do nothing more than “explain that the exemption from the need for probable cause (and warrant), which is accorded to searches made for the purpose of inven[*740]tory or administrative regulation, is not accorded to searches that are not made for those purposes,” id., at 811-812. And our opinion emphasized that we had at that time (prior to Edmond) rejected every request to examine subjective intent outside the narrow context of special needs and administrative inspections. See 517 U. S., at 812. Thus, al-Kidd’s approach adds an “only” to a sentence plucked from the Whren opinion, and then elevates that sentence (as so revised) over the remainder of the opinion, and over the consistent holdings of our other cases.
Because al-Kidd concedes that individualized suspicion supported the issuance of the material-witness arrest warrant; and does not assert that his arrest would have been unconstitutional absent the alleged pretextual use of the warrant; we find no Fourth Amendment violation.[3] Efficient[4] and evenhanded application of the law demands that we look to whether the arrest is objectively justified, rather than to the motive of the arresting officer.
[*741] B
A Government official’s conduct violates clearly established law when, at the time of the challenged conduct, “[t]he contours of [a] right [are] sufficiently clear” that every “reasonable official would [have understood] that what he is doing violates that right.” Anderson v. Creighton, 483 U. S. 635, 640 (1987). We do not require a case directly on point, but existing precedent must have placed the statutory or constitutional question beyond debate. See ibid.; Malley v. Briggs, 475 U. S. 335, 341 (1986). The constitutional question in this case falls far short of that threshold.
At the time of al-Kidd’s arrest, not a single judicial opinion had held that pretext could render an objectively reasonable arrest pursuant to a material-witness warrant unconstitutional. A district-court opinion had suggested, in a footnoted dictum devoid of supporting citation, that using such a warrant for preventive detention of suspects “is an illegitimate use of the statute” — implying (we accept for the sake of argument) that the detention would therefore be unconstitutional. United States v. Awadallah, 202 F. Supp. 2d 55, 77, n. 28 (SDNY 2002). The Court of Appeals thought nothing could “have given John Ashcroft fair[er] warning” that his conduct violated the Fourth Amendment, because the footnoted dictum “call[ed] out Ashcroft by name”! 580 F. 3d, at 972-973 (internal quotation marks omitted; emphasis added). We will indulge the assumption (though it does not seem to us realistic) that Justice Department lawyers bring to the Attorney General’s personal attention all district judges’ footnoted speculations that boldly “call him out by name.” On that assumption, would it prove that for him (and for him only?) it became clearly established that pretextual use of the material-witness statute rendered the arrest unconstitutional? An extraordinary proposition. Even a district judge’s ipse dixit of a holding is not “controlling authority” in any jurisdiction, much less in the entire United States; and his ipse dixit of a footnoted dictum falls far short[*742] of what is necessary absent controlling authority: a robust “consensus of cases of persuasive authority.” Wilson v. Layne, 526 U. S. 603, 617 (1999).
The Court of Appeals’ other cases “clearly establishing” the constitutional violation are, of course, those we rejected as irrelevant in our discussion of whether there was any constitutional violation at all. And the Court of Appeals’ reference to those cases here makes the same error of assuming that purpose is only disregarded when there is probable cause to suspect a violation of law.
The Court of Appeals also found clearly established law lurking in the broad “history and purposes of the Fourth Amendment.” 580 F. 3d, at 971. We have repeatedly told courts — and the Ninth Circuit in particular, see Brosseau v. Haugen, 543 U. S. 194, 198-199 (2004) (per curiam) — not to define clearly established law at a high level of generality. See also, e. g., Wilson, supra, at 615; Anderson, supra, at 639-640; cf. Sawyer v. Smith, 497 U. S. 227, 236 (1990). The general proposition, for example, that an unreasonable search or seizure violates the Fourth Amendment is of little help in determining whether the violative nature of particular conduct is clearly established. See Saucier v. Katz, 533 U. S. 194, 201-202 (2001); Wilson, supra, at 615.
The same is true of the Court of Appeals’ broad historical assertions. The Fourth Amendment was a response to the English Crown’s use of general warrants, which often allowed royal officials to search and seize whatever and whomever they pleased while investigating crimes or affronts to the Crown. See Stanford v. Texas, 379 U. S. 476, 481-485 (1965). According to the Court of Appeals, Ashcroft should have seen that a pretextual warrant similarly “gut[s] the substantive protections of the Fourth Amendmen[t]” and allows the State “to arrest upon the executive’s mere suspicion." 580 F. 3d, at 972.
Ashcroft must be forgiven for missing the parallel, which escapes us as well. The principal evil of the general war[*743]rant was addressed by the Fourth Amendment’s particularity requirement, Stanford, supra, at 485, which Ashcroft’s alleged policy made no effort to evade. The warrant authorizing al-Kidd’s arrest named al-Kidd and only al-Kidd. It might be argued, perhaps, that when, in response to the English abuses,, the Fourth Amendment said that warrants could only issue “on probable cause” it meant only probable cause to suspect a violation of law, and not probable cause to believe that the individual named in the warrant was a material witness. But that would make all arrests pursuant to material-witness warrants unconstitutional, whether pretextual or not — and that is not the position taken by al-Kidd in this case.
While featuring a District Court’s footnoted dictum, the Court of Appeals made no mention of this Court’s affirmation in Edmond of the “predominant] ” rule that reasonableness is an objective inquiry, 531 U. S., at 47. Nor did it mention Whren’s and Knights’ statements that subjective intent mattered in a very limited subset of our Fourth Amendment cases; or Terry’s objective evaluation of investigatory searches premised on reasonable suspicion rather than probable cause; or Bond’s objective evaluation of a suspicionless investigatory search. The Court of Appeals seems to have cherry-picked the aspects of our opinions that gave colorable support to the proposition that the unconstitutionality of the action here was clearly established.
Qualified immunity gives government officials breathing room to make reasonable but mistaken judgments about open legal questions. When properly applied, it protects “all but the plainly incompetent or those who knowingly violate the law.” Malley, supra, at 341. Ashcroft deserves neither label, not least because eight Court of Appeals judges agreed with his judgment in a case of first impression. See Wilson, supra, at 618. He deserves qualified immunity even assuming — contrafactually—that his alleged detention policy violated the Fourth Amendment.
[*744] * * *
We hold that an objectively reasonable arrest and detention of a material witness pursuant to a validly obtained warrant cannot be challenged as unconstitutional on the basis of allegations that the arresting authority had an improper motive. Because Ashcroft did not violate clearly established law, we need not address the more difficult question whether he enjoys absolute immunity. The judgment of the Court of Appeals is reversed, and the case is remanded for further proceedings consistent with this opinion.
It is so ordered.
Justice Kagan took no part in the consideration or decision of this case.The Court of Appeals also relied upon Ferguson v. Charleston, 532 U. S. 67 (2001), which held unconstitutional a program of mandatory drug testing of maternity patients. Like Edmond, that ease involved a general scheme of searches without individualized suspicion. 532 U. S., at 77, n. 10.
Justice Ginsburg suggests that our use of the word “suspicion” is peculiar because that word “ordinarily” means “that the person suspected has engaged in wrongdoing.” Post, at 749, n, 3 (opinion concurring in judgment). We disagree. No usage of the word is more common and idiomatic than a statement such as “I have a suspicion he knows something about the crime,” or even “I have a suspicion she is throwing me a surprise birthday party.” The many cases cited by Justice Ginsburg, post, at 749-750, n. 3, which use the neutral word “suspicion” in connection with wrongdoing, prove nothing except that searches and seizures for reasons other than suspected wrongdoing are rare.
The concerns of Justices Ginsburg and Sotomayor about the validity of the warrant in this case are beside the point. See post, at 748-749
(Ginsburg, J., concurring in judgment); post, at 752 (Sotomayor, J., concurring in judgment). The validity of the warrant is not our “opening assumption,” post, at 749 (Ginsburg, J., concurring in judgment); it is the premise of al-Kidd’s argument. Al-Kidd does not claim that Ashcroft is liable because the FBI agents failed to obtain a valid warrant. He takes the validity of the warrant as a given, and argues that his arrest nevertheless violated the Constitution because it was motivated by an illegitimate purpose. His separate Fourth Amendment and statutory claims against the FBI agents who sought the material-witness warrant, which are the focus of both concurrences, are not before us.
We may note in passing that al-Kidd alleges that the Attorney General authorized the use of material-witness warrants for detention of suspected terrorists, but not that he forbade the use of those warrants to detain material witnesses. Which means that if al-Kidd’s inquiry into actual motive is accepted, mere determination that the Attorney General promulgated the alleged policy would not alone decide the case. Al-Kidd would also have to prove that the officials who sought his material-arrest warrant were motivated by Ashcroft’s policy, not by a desire to call al-Kidd as a witness.
Concurrence
with whom Justice Ginsburg, Justice Breyer, and Justice Sotomayor join as to Part I, concurring.
I join the opinion of the Court in full. In holding that the Attorney General could be liable for damages based on an unprecedented constitutional rule, the Court of Appeals for the Ninth Circuit disregarded the purposes of the doctrine of qualified immunity. This concurring opinion makes two additional observations.
I
The Court’s holding is limited to the arguments presented by the parties and leaves unresolved whether the Government’s use of the material-witness statute in this case was lawful. See ante, at 740 (noting that al-Kidd “does not assert that his arrest would have been unconstitutional absent the alleged pretextual use of the warrant”). Under the statute, a magistrate judge may issue a warrant to arrest someone as a material witness upon a showing by affidavit that “the testimony of a person is material in a criminal proceeding” and “that it may become impracticable to secure the[*745] presence of the person by subpoena.” 18 U. S. C. §3144. The scope of the statute’s lawful authorization is uncertain. For example, a law-abiding citizen might observe a crime during the days or weeks before a scheduled flight abroad. It is unclear whether those facts alone might allow police to obtain a material witness warrant on the ground that it “may become impracticable” to secure the person’s presence by subpoena. Ibid. The question becomes more difficult if one further assumes the traveler would be willing to testify if asked; and more difficult still if one supposes that authorities delay obtaining or executing the warrant until the traveler has arrived at the airport. These possibilities resemble the facts in this case. See ante, at 734.
In considering these issues, it is important to bear in mind that the material-witness statute might not provide for the issuance of warrants within the meaning of the Fourth Amendment’s Warrant Clause. The typical arrest warrant is based on probable cause that the arrestee has committed a crime; but that is not the standard for the issuance of warrants under the material-witness statute. See ante, at 743 (reserving the possibility that probable cause for purposes of the Fourth Amendment’s Warrant Clause means “only probable cause to suspect a violation of law”). If material witness warrants do not qualify as “Warrants” under the Fourth Amendment, then material witness arrests might still be governed by the Fourth Amendment’s separate reasonableness requirement for seizures of the person. See United States v. Watson, 423 U. S. 411 (1976). Given the difficulty of these issues, the Court is correct to address only the legal theory put before it, without further exploring when material witness arrests might be consistent with statutory and constitutional requirements.
II
The fact that the Attorney General holds a high office in the Government must inform what law is clearly established[*746] for the purposes of this case. Mitchell v. Forsyth, 472 U. S. 511, 525 (1985). Some federal officers perform their functions in a single jurisdiction, say, within the confines of one State or one federal judicial district. They “reasonably can anticipate when their conduct may give rise to liability for damages” and so are expected to adjust their behavior in accordance with local precedent. Davis v. Scherer, 468 U. S. 183, 195 (1984); see also Anderson v. Creighton, 483 U. S. 635, 639-640 (1987). In contrast the Attorney General occupies a national office and so sets policies implemented in many jurisdictions throughout the country. The official with responsibilities in many jurisdictions may face ambiguous and sometimes inconsistent sources of decisional law. While it may be clear that one court of appeals has approved a certain course of conduct, other courts of appeals may have disapproved it, or at least reserved the issue.
When faced with inconsistent legal rules in different jurisdictions, national officeholders should be given some deference for qualified immunity purposes, at least if they implement policies consistent with the governing law of the jurisdiction where the action is taken. As we have explained, qualified immunity is lost when plaintiffs point either to “cases of controlling authority in their jurisdiction at the time of the incident” or to “a consensus of cases of persuasive authority such that a reasonable officer could not have believed that his actions were lawful.” Wilson v. Layne, 526 U. S. 603, 617 (1999); see also ante, at 741-742. These standards ensure the officer has “fair and clear warning” of what the Constitution requires. United States v. Lanier, 520 U. S. 259, 271 (1997).
A national officeholder intent on retaining qualified immunity need not abide by the most stringent standard adopted anywhere in the United States. And the national officeholder need not guess at when a relatively small set of appellate precedents have established a binding legal rule. If national officeholders were subject to personal liability[*747] whenever they confronted disagreement among appellate courts, those officers would be deterred from full use of their legal authority. The consequences of that deterrence must counsel caution by the Judicial Branch, particularly in the area of national security. See Ashcroft v. Iqbal, 556 U. S. 662, 685 (2009). Furthermore, too expansive a view of “clearly established law” would risk giving local judicial determinations the effect of rules with de facto national significance, contrary to the normal process of ordered appellate review.
The proceedings in this case illustrate these concerns. The Court of Appeals for the Ninth Circuit appears to have reasoned that a Federal District Court sitting in New York had authority to establish a legal rule binding on the Attorney General and, therefore, on federal law enforcement operations conducted nationwide. See 580 F. 3d 949, 972-973 (2009). Indeed, this case involves a material witness warrant issued in Boise, Idaho, and an arrest near Washington, D. C. Of course, district court decisions are not precedential to this extent. Ante, at 741-742. But nationwide security operations should not have to grind to a halt even when an appellate court finds those operations unconstitutional. The doctrine of qualified immunity does not so constrain national officeholders entrusted with urgent responsibilities.
Concurrence
with whom Justice Breyer and Justice Sotomayor join, concurring in the judgment.
Is a former U. S. Attorney General subject to a suit for damages on a claim that he instructed subordinates to use the material-witness statute, 18 U. S. C. §3144, as a pretext to detain terrorist suspects preventively? Given Whren v. United States, 517 U. S. 806 (1996), I agree with the Court that no “clearly established law” renders Ashcroft answerable in damages for the abuse of authority al-Kidd charged. Ante, at 744. But I join Justice Sotomayor in objecting to the Court’s disposition of al-Kidd’s Fourth Amendment claim[*748] on the merits; as she observes, post, at 751 (opinion concurring in judgment), that claim involves novel and trying questions that will “have no effect on the outcome of th[is] case.” Pearson v. Callahan, 555 U. S. 223, 236-237 (2009).
In addressing al-Kidd’s Fourth Amendment claim against Ashcroft, the Court assumes at the outset the existence of a validly obtained material witness warrant. Ante, at 733, 744. That characterization is puzzling. See post, at 752 (opinion of Sotomayor, J.).[1] Is a warrant “validly obtained” when the affidavit on which it is based fails to inform the issuing Magistrate Judge that “the Government has no intention of using [al-Kidd as a witness] at [another’s] trial,” post, at 751, and does not disclose that al-Kidd had cooperated with FBI agents each of the several times they had asked to interview him, App. 26?
Casting further doubt on the assumption that the warrant was validly obtained, the Magistrate Judge was not told that al-Kidd’s parents, wife, and children were all citizens and residents of the United States. In addition, the affidavit misrepresented that al-Kidd was about to take a one-way flight to Saudi Arabia, with a first-class ticket costing approximately $5,000; in fact, al-Kidd had a round-trip, coach-class ticket that cost $1,700.[2] Given these omissions and[*749] misrepresentations, there is strong cause to question the Court’s opening assumption — a valid material witness warrant — and equally strong reason to conclude that a merits determination was neither necessary nor proper.[3]
[*750] I also agree with Justice Kennedy that al-Kidd’s treatment presents serious questions, unaddressed by the Court, concerning “the [legality of] the Government’s use of the material-witness statute in this case.” Ante, at 744 (concurring opinion). In addition to the questions Justice Kennedy poses, and even if the initial material witness classification had been proper, what even arguably legitimate basis could there be for the harsh custodial conditions to which al-Kidd was subjected: Ostensibly held only to secure his testimony, al-Kidd was confined in three different detention centers during his 16 days’ incarceration, kept in high-security cells lit 24 hours a day, strip-searched and subjected to body-cavity inspections on more than one occasion, and handcuffed and shackled about his wrists, legs, and waist. App. 29-36; cf. Bell v. Wolfish, 441 U. S. 520, 539, n. 20 (1979) (“[L]oading a detainee with chains and shackles and throwing him in a dungeon may ensure his presence at trial and preserve the security of the institution. But it would be difficult to conceive of a situation where conditions so harsh,[*751] employed to achieve objectives that could be accomplished in so many alternative and less harsh methods, would not support a conclusion that the purpose for which they were imposed was to punish.”).
However circumscribed al-Kidd’s Bivens claim against Ashcroft may have been, see Bivens v. Six Unknown Fed. Narcotics Agents, 403 U. S. 388 (1971); ante, at 740 (majority opinion); ante, at 744 (Kennedy, J., concurring), his remaining claims against the FBI agents who apprehended him invite consideration of the issues Justice Kennedy identified.[4] His challenges to the brutal conditions of his confinement have been settled. But his ordeal is a grim reminder of the need to install safeguards against disrespect for human dignity, constraints that will control officialdom even in perilous times.
Nowhere in al-Kidd’s complaint is there any concession that the warrant gained by the FBI agents was validly obtained. But ef. ante, at 740, n. 3 (majority opinion).
Judicial officers asked to issue material witness warrants must determine whether the affidavit supporting the application shows that “the testimony of a person is material in a criminal proceeding” and that “it may become impracticable to secure the presence of the person by subpoena.” 18 U. S. C. §3144. Even if these conditions are met, issuance of the warrant is discretionary. Ibid, ("judicial officer may order the arrest of the person” (emphasis added)). Al-Kidd’s experience illustrates the importance of vigilant exercise of this checking role by the judicial officer to whom the warrant application is presented.
The affidavit used to secure al-Kidd’s detention was spare; it did not state with particularity the information al-Kidd purportedly possessed, nor did it specify how al-Kidd’s knowledge would be material to Sami[*749] Omar al-Hussayen’s prosecution. As to impracticability, the affidavit contained only this unelaborated statement: “It is believed that if Al-Kidd travels to Saudi Arabia, the United States Government will be unable to secure his presence at trial via subpoena.” App. 64. Had the Magistrate Judge insisted on more concrete showings of materiality and impracticability, al-Kidd might have been spared the entire ordeal.
The Court thrice states that the material witness warrant for al-Kidd’s arrest was “based on individualized suspicion.” Ante, at 738, 740. The word “suspicion,” however, ordinarily indicates that the person suspected has engaged in wrongdoing. See Black’s Law Dictionary 1585 (9th ed. 2009) (defining “reasonable suspicion” to mean “[a] particularized and objective basis, supported by specific and articulable facts, for suspecting a person of criminal activity”). Material witness status does not “involv[e] suspicion, or lack of suspicion,” of the individual so identified. See Illinois v. Lidster, 540 U. S. 419, 424-425 (2004).
This Court’s decisions, until today, have uniformly used the term “individualized suspicion” to mean “individualized suspicion of wrongdoing.” See Indianapolis v. Edmond, 531 U. S. 32, 37 (2000) (emphasis added); Chandler v. Miller, 520 U. S. 305, 313 (1997) (same). See also, e. g., Brigham City v. Stuart, 547 U. S. 398, 405 (2006) (referring to “programmatic searches conducted without individualized suspicion — such as checkpoints to combat drunk driving or drug trafficking”); Board of Ed. of Independent School Dist. No. 92 of Pottawatomie Cty. v. Earls, 536 U. S. 822, 830 (2002) (“finding of individualized suspicion may not be necessary when a school conducts drug testing”); Whren v. United States, 517 U. S. 806, 817-818 (1996) (observed traffic violations give rise to individualized suspicion); Michigan Dept. of State Police v. Sitz, 496 U. S. 444, 451 (1990) (“Detention of particular motorists for more extensive field sobriety testing may require satisfaction of an individualized suspicion standard.”); Maryland v. Buie, 494 U. S. 325, 334-335, n. 2 (1990) (“Terry [v. Ohio, 392 U. S. 1 (1968),] requires reasonable, individualized suspicion before a frisk for weapons can be conducted.”); Treasury Employees v. Von Raab, 489 U. S. 656, 668 (1989) (“[I]n certain limited circumstances, the Government’s need to discover . . . latent or hidden conditions, or to prevent their development, is sufficiently compelling to justify [search that intrudes) on privacy ... without any measure of individualized suspicion.”); O’Connor v. Ortega, 480 U. S. 709, 726 (1987) (“petitioners had an ‘individualized suspicion’ of[*750] misconduct by Dr. Ortega”); United States v. Montoya de Hernandez, 473 U. S. 531, 538 (1985) (“Automotive travelers may be stopped at fixed checkpoints near the border without individualized suspicion....”); New Jersey v. T L. O., 469 U. S. 325, 342, n. 8 (1985) (“the search of T. L. O.’s purse was based upon an individualized suspicion that she had violated school rules”); Michigan v. Summers, 452 U. S. 692, 699, n. 9 (1981) (“police executing a search warrant at a tavern could not . . . frisk a patron unless the officers had individualized suspicion that the patron might be armed or dangerous”).
The Court’s suggestion that the term “individualized suspicion” is more commonly associated with “knowfing] something about [a] crime” or “throwing ... a surprise birthday party” than with criminal suspects, ante, at 738, n. 2 (internal quotation marks omitted), is hardly credible. The import of the term in legal argot is not genuinely debatable. When the evening news reports that a murder “suspect” is on the loose, the viewer is meant to be on the lookout for the perpetrator, not the witness. Ashcroft understood the term as lawyers commonly do: He spoke of detaining material witnesses as a means to “tak[e] suspected terrorists off the street.” App. 41 (internal quotation marks omitted).
The District Court determined that al-Kidd’s factual allegations against FBI agents regarding their “misrepresentations and omissions in the warrant application, if true, would negate the possibility of qualified immunity [for those agents].” Memorandum Order in No. cv:05-093 (D Idaho, Sept. 27, 2006), p. 18. The agents took no appeal from this threshold denial of their qualified immunity plea.
Concurrence
with whom Justice Ginsburg and Justice Breyer join, concurring in the judgment.
I concur in the Court’s judgment reversing the Court of Appeals because I agree with the majority’s conclusion that Ashcroft did not violate clearly established law. I cannot join the majority’s opinion, however, because it unnecessarily “resolve[s] [a] difficult and novel questio[n] of constitutional ... interpretation that will ‘have no effect on the outcome of the case.’ ” Ante, at 735 (quoting Pearson v. Callahan, 555 U. S. 223, 237 (2009)).
Whether the Fourth Amendment permits the pretextual use of a material witness warrant for preventive detention of an individual whom the Government has no intention of using at trial is, in my view, a closer question than the major[*752]ity’s opinion suggests. Although the majority is correct that a government official’s subjective intent is generally “irrelevant in determining whether that officer’s actions violate the Fourth Amendment,” Bond v. United States, 529 U. S. 334, 338, n. 2 (2000), none of our prior cases recognizing that principle involved prolonged detention of an individual without probable cause to believe he had committed any criminal offense. We have never considered whether an official’s subjective intent matters for purposes of the Fourth Amendment in that novel context, and we need not and should not resolve that question in this case. All Members of the Court agree that, whatever the merits of the underlying Fourth Amendment question, Ashcroft did not violate clearly established law.
The majority’s constitutional ruling is a narrow one premised on the existence of a “valid material-witness warrant],” ante, at 733 — a premise that, at the very least, is questionable in light of the allegations set forth in al-Kidd’s complaint. Based on those allegations, it is not at all clear that it would have been “impracticable to secure [al-Kidd’s] presence ... by subpoena” or that his testimony could not “adequately be secured by deposition.” 18 U. S. C. §3144; see First Amended Complaint in No. 05-093-EJL, ¶ 55, App. 26 (“Mr. al-Kidd would have complied with a subpoena had he been issued one or agreed to a deposition”). Nor is it clear that the affidavit supporting the warrant was sufficient; its failure to disclose that the Government had no intention of using al-Kidd as a witness at trial may very well have rendered the affidavit deliberately false and misleading. Cf. Franks v. Delaware, 438 U. S. 154, 155-156 (1978). The majority assumes away these factual difficulties, but in my view, they point to the artificiality of the way the Fourth Amendment question has been presented to this Court and provide further reason to avoid rendering an unnecessary holding on the constitutional question.
[*753] I also join Part I of Justice Kennedy’s concurring opinion. As that opinion makes clear, this case does not present an occasion to address the proper scope of the material witness statute or its constitutionality as applied in this case. Indeed, nothing in the majority’s opinion today should be read as placing this Court’s imprimatur on the actions taken by the Government against al-Kidd. Ante, at 744 (Kennedy, J., concurring) (“The Court's holding is limited to the arguments presented by the parties and leaves unresolved whether the Government’s use of the material-witness statute in this case was lawful”).