How later opinions annotate it (3 examples)
- outright
See Saucier v. Katz, 533 U.S. 194 (2001), receded from by Pearson v. Callahan, 555 U.S. 223 (2009).
— Fuqua v. Turner, No. 3:17-cv-01911 (N.D. Ala. Aug. 29, 2019) - on other grounds
Saucier v. Katz, 533 U.S. 194 , 202 (2001), overruled on 5 other grounds by Pearson, 555 U.S. 223
— Stampfli v. Susanville Sanitary Dist., No. 2:20-cv-01566 (E.D. Cal. Feb. 24, 2023) - in part
Saucier v. Katz, 533 U.S. 194 , 201-02, 121 S.Ct. 2151 , 150 L.Ed.2d 272 (2001), abrogated in part by Pearson, 129 S.Ct. 808
— Crouse v. South Lebanon Twp., 668 F. Supp. 2d 664 (M.D. Pa. 2009)
To determine if a right is clearly established, courts must decide whether it would be clear to a reasonable officer that his conduct was unlawful in the situation confronted.
A corporate promoter sued the president and sole shareholder of a rival corporation, alleging the individual conducted the corporation's affairs through a pattern of racketeering activity in violation of the Racketeer Influenced and Corrupt Organizations Act. The question is whether the statute requires more than the formal legal distinction provided by incorporation to establish the existence of a distinct person and enterprise. The Court holds that because a natural person and a corporation are legally distinct entities, the requirement of two separate entities is satisfied even if the individual is the corporation's sole owner and acts within the scope of his authority.
At page 201 Determining constitutional violation under qualified immunity2,394 citing casesIf no constitutional right would have been violated were the allegations established, there is no necessity for further inquiries concerning qualified immunity.
- Hughes, No. 2:22-cv-03712 (E.D. Pa. Feb. 23, 2026). (If no constitutional right would have been violated where the allegations established, there is no necessity for further inquiries concerning qualified immunity.)
- Garcia, No. 3:21-cv-00101 (N.D. Ind. Feb. 3, 2026). The “legal principle [must] clearly prohibit the officer’s conduct in the particular circumstances before him.” Id.; see also Saucier, 533 U.S. at 202 (“clear to a reasonable officer that his conduct was unlawful in the situation he confro…
- Edison v. Northville, Twp. of, 752 F. Supp. 3d 808 (E.D. Mich. 2024).published (If no constitutional right would have been violated were the allegations established, there is no necessity for further inquiries concerning qualified immunity. On the other hand, if a violation could be made out on a…)
- Mileham v. Borough of Bridgewater, No. 2:20-cv-00116 (W.D. Pa. Nov. 20, 2023). See Saucier, 533 U.S. at 202 (“The relevant, dispositive inquiry in determining whether a right is clearly established is whether it would be clear to a reasonable officer that his conduct was unlawful in the situation he confronted.”).
- Moschetti v. Off. of the Inspector Gen., No. 3:22-cv-00024, 2022 WL 3329926 (E.D. Va. Aug. 11, 2022). (If no constitutional right would have been violated were the allegations established, there is no necessity for further inquiries concerning qualified immunity.)
- Alexis v. Town of Cheektowaga, No. 1:17-cv-00985, 2021 WL 5239900 (W.D.N.Y. Nov. 10, 2021). (if no constitutional right would have been violated were the allegations established, there is no necessity for further inquiries concerning qualified immunity)
- Pelichet v. Gordon, No. 2:18-cv-11385 (E.D. Mich. Mar. 29, 2021).(If no constitutional right would have been violated were the allegations established, there is no necessity for further inquiries concerning qualified immunity. On the other hand, if a violation could be made out on a…)
- Robert Bethel v. Charlotte Jenkins, 988 F.3d 931 (6th Cir. 2021).published(If no constitutional right would have been violated were the allegations established, there is no necessity for further inquiries concerning qualified immunity.)
- Christopher Marino v. Ocwen Loan Servicing LLC, 978 F.3d 669 (9th Cir. 2020).published (In the course of determining whether a constitutional right was violated on the premises alleged, a court might find it necessary to set forth principles which will become the basis for a holding that a right is clearl…)
- Shaw v. Ferndale, City of, No. 2:18-cv-12973 (E.D. Mich. Mar. 20, 2020). ([t]his inquiry . . . must be undertaken in light of the specific context of the case, not as a broad general proposition)
Show 195 more citing cases
- Brodnik v. Lanham, No. 1:11-cv-00178 (S.D. W. Va. Mar. 30, 2018). (Taken in the light most favorable to the party asserting the injury, do the facts alleged show the [state actor’s] conduct violated a constitutional right?)
- Don Karns v. Kathleen Shanahan, 879 F.3d 504 (3d Cir. 2018).published (If no constitutional right would have been violated were the allegations established, there is no necessity for further inquiries concerning qualified immunity.)
- Amezquita v. Garcia-Cortez, No. 5:20-cv-08285 (N.D. Cal. July 3, 2024).
- Saddozai v. Atchley, No. 5:20-cv-07534 (N.D. Cal. Aug. 5, 2024).
- Washington v. Serrato, No. 5:22-cv-05832 (N.D. Cal. Sept. 5, 2024).
- Oxley v. Contra Costa Cnty. Sheriff Dep't, No. 5:23-cv-00510 (N.D. Cal. Jan. 31, 2025).
- Cherry v. Allen, 765 F. Supp. 3d 1321 (S.D. Ga. 2025).published
- Duckett v. Garcia, No. 5:23-cv-04748 (N.D. Cal. June 17, 2025).
- Champ v. Forcum, No. 3:19-cv-00026 (S.D. Ill. Sept. 11, 2023).
- Campbell v. Perkins, No. 1:23-cv-00478 (D. Md. Sept. 21, 2023).
- Gill v. Mallow, No. 1:22-cv-02077 (D. Md. Nov. 13, 2023).
- Owen v. Goodwin, No. 1:21-cv-00217, 2023 WL 6446204 (W.D.N.C. Sept. 29, 2023).
- Caton v. Salamon, No. 1:22-cv-00345 (S.D. Ohio Sept. 18, 2024).
- Songer v. Bledsoe Cnty. Gov't, No. 1:22-cv-00022 (E.D. Tenn. Aug. 13, 2024).
- Winder v. Gallardo, No. 7:23-cv-00059 (N.D. Tex. Dec. 18, 2023).
- Achimbi v. Owoeye, No. 1:24-cv-01507 (D. Md. Nov. 13, 2024).
- Driver v. Naranjo, No. 3:24-cv-00166 (S.D. Cal. Feb. 21, 2025).
- Wright v. Officer Kyle Baxter, No. 1:24-cv-01966 (D. Md. Feb. 26, 2025).
- King v. Stewart, No. 1:24-cv-00564 (D. Md. Apr. 28, 2025).
- Atsas v. Bowen, No. 4:21-cv-00366 (N.D. Ohio June 25, 2025).
- Bultemeyer v. Centurylink, Inc., No. 24-6413 (9th Cir. Sept. 22, 2026).published
- Starks v. Shaw, 2023 IL App (4th) 220748-U.unpublished
- Paulette Smith v. Edward Agdeppa, 81 F.4th 994 (9th Cir. 2023).published
- Kathleen Wright-Gottshall v. State of New Jersey, No. 23-1990 (3d Cir. Apr. 26, 2024).unpublished
- Lowther v. Child. Youth & Fam. Dep't, 101 F.4th 742 (10th Cir. 2024).published
- DeFrancesco v. Arizona Bd. of Regents, No. 4:20-cv-00011 (D. Ariz. Aug. 25, 2023).
- Crick v. Globe, City of, No. 2:21-cv-00978 (D. Ariz. Sept. 22, 2023).
- Stevens v. Arizona, State of, No. 2:23-cv-00770 (D. Ariz. Feb. 5, 2024).
- Waller v. Nogales, City of, No. 4:22-cv-00244 (D. Ariz. Feb. 21, 2024).
- Gonzalez v. Phoenix, City of, No. 2:21-cv-01340 (D. Ariz. Mar. 20, 2024).
- (PC) Taylor v. Teragawa, No. 2:21-cv-01330 (E.D. Cal. July 5, 2023).
- (PC) Johnson v. Fernandez, No. 1:22-cv-01026 (E.D. Cal. July 17, 2023).
- (PC)Perez v. Moreland, No. 2:17-cv-00508 (E.D. Cal. Sept. 13, 2023).
- Hill v. City of Am. Canyon, No. 2:23-cv-00349 (E.D. Cal. Jan. 24, 2024).
- Golson v. Narvaez, No. 3:18-cv-01966 (N.D. Cal. Dec. 1, 2023).
- Cordova v. Lake Cnty., No. 4:18-cv-00367 (N.D. Cal. Mar. 29, 2024).
- Paris v. Pollard, No. 3:22-cv-00565 (S.D. Cal. July 27, 2023).
- Andrews v. Hall, No. 3:22-cv-00873 (D. Conn. Aug. 15, 2023).
- Santiago v. Florida Dep't of Corr., No. 3:21-cv-00886 (M.D. Fla. Oct. 31, 2023).
- Amaro v. Carter, No. 2:22-cv-00023 (S.D. Ga. July 13, 2023).
- Prospero v. Sullivan, No. 2:20-cv-00110 (S.D. Ga. Dec. 29, 2023).
- Clinch v. Chambers, No. 2:22-cv-00094 (S.D. Ga. Feb. 15, 2024).
- Miles v. City of Hazlehurst, No. 2:22-cv-00030 (S.D. Ga. Mar. 8, 2024).
- Carr v. Bartlett, No. 1:20-cv-00491 (D. Idaho Mar. 27, 2024).
- Dean v. Caldwell Police Dep't, No. 1:23-cv-00296 (D. Idaho May 28, 2024).
- Ash v. Garden, No. 3:21-cv-01329 (S.D. Ill. Mar. 27, 2024).
- Fields v. Rozzi, No. 3:20-cv-00118 (N.D. Ind. July 12, 2023).
- LaRue v. Fazio, No. 3:21-cv-00038 (N.D. Ind. May 6, 2024).
- Barnes v. Vanoy, No. 3:19-cv-00764 (M.D. La. Jan. 11, 2024).
- Robinson v. Washington Cnty. Bd. of Educ., No. 1:22-cv-01102 (D. Md. Oct. 12, 2023).
- Polido v. Crowley, No. 8:23-cv-00459, 2024 WL 263578 (D. Md. Jan. 24, 2024).
- Kirby v. City of Flint, No. 2:20-cv-13088 (E.D. Mich. Aug. 21, 2023).
- Gonzalez-Hall v. Dearborn, City of, No. 2:20-cv-12912 (E.D. Mich. Sept. 28, 2023).
- Barton v. Neeley, No. 2:23-cv-10051 (E.D. Mich. Nov. 20, 2023).
- Mathis v. McInnis, No. 2:21-cv-10734 (E.D. Mich. Dec. 26, 2023).
- Gaines v. Jefferson Cnty. Sch. Dist., No. 5:22-cv-00032 (S.D. Miss. June 20, 2023).
- Gaines v. Jefferson Cnty. Sch. Dist., 705 F. Supp. 3d 664 (S.D. Miss. 2023).published
- Est. of La'Mello Parker v. Mississippi Dep't of Pub. Saf., No. 1:23-cv-00185 (S.D. Miss. Mar. 29, 2024).
- Est. of Joseph Lopez v. Hamilton, No. 1:22-cv-00421 (M.D.N.C. Aug. 2, 2023).
- Holman v. Wiggs, No. 1:23-cv-00618 (M.D.N.C. May 30, 2024).
- Thompson v. City of Charlotte, No. 3:20-cv-00370 (W.D.N.C. Aug. 24, 2023).
- Laschober v. Ammons, No. 1:21-cv-00107 (W.D.N.C. Nov. 17, 2023).
- Wagner v. City of Newark, No. 2:23-cv-00731 (D.N.J. May 24, 2024).unpublished
- Campbell v. Willett, No. 2:21-cv-00912 (D. Nev. Aug. 14, 2023).
- Cook v. Boss, No. 1:22-cv-01535 (N.D. Ohio Mar. 30, 2024).
- Watts v. Novak, No. 1:22-cv-00512 (D. Or. Jan. 5, 2024).
- Poplawski v. Green, No. 2:22-cv-04483 (E.D. Pa. Nov. 7, 2023).
- Hightower v. City of Philadelphia, No. 2:21-cv-04075 (E.D. Pa. Dec. 22, 2023).
- Miller v. Goggin, No. 2:22-cv-03329 (E.D. Pa. Mar. 29, 2024).
- Parfaite v. Lippincott, No. 3:22-cv-00316 (M.D. Pa. Feb. 26, 2024).
- Von Derhaar v. Watson, 109 F.4th 817 (5th Cir. 2024).published
- Zeeshan H. Khan v. City of Los Angeles, 753 F. Supp. 3d 997 (C.D. Cal. 2024).published
- (PC) Flannery v. Holstein, No. 2:22-cv-01518 (E.D. Cal. May 28, 2024).
- Perez v. Anderson, No. 3:19-cv-00880 (M.D. Fla. July 24, 2024).
- Shadmani v. Barnes, No. 3:22-cv-01008 (M.D. Fla. Oct. 11, 2024).
- Roe v. Fryer, No. 3:22-cv-00971 (M.D. Fla. Oct. 25, 2024).
- Williams III v. Mallet, Jr., 707 F. Supp. 3d 1340 (S.D. Fla. 2023).published
- Meeks v. Peters, No. 3:22-cv-02377 (S.D. Ill. Oct. 7, 2024).
- Nalls v. Baltimore Cnty., No. 1:23-cv-00183 (D. Md. Mar. 15, 2024).
- Joaquim v. Buzzuro, No. 1:22-cv-00050 (D. Md. Aug. 26, 2024).
- Joaquim v. Buzzuro, No. 1:22-cv-00050 (D. Md. Aug. 23, 2024).
- Rives v. City of Detroit Police Dep't, No. 2:21-cv-12510 (E.D. Mich. July 30, 2024).
- Glenn v. McClellan, 749 F. Supp. 3d 796 (E.D. Mich. 2024).published
- Harville v. City of Warren, No. 2:22-cv-10154 (E.D. Mich. Sept. 30, 2024).
- Katula v. Delaware Cnty. Bd. of Elections, No. 2:23-cv-02199 (S.D. Ohio July 11, 2024).
- Feaster v. Chambers-Smith, No. 1:22-cv-00313 (S.D. Ohio Oct. 23, 2024).
- Royer v. Robertson, No. 3:22-cv-00061 (W.D. Pa. Sept. 28, 2023).
- Evans v. Doe 1, No. 2:21-cv-00413 (W.D. Pa. Sept. 9, 2024).
- Thompson v. Texas Dep't of Pub. Saf., No. 7:22-cv-00014 (N.D. Tex. June 16, 2023).
- Doe v. Univ. of North Texas Health Sci. Ctr., No. 4:21-cv-00658 (N.D. Tex. June 23, 2023).
- Goad v. Lyde, No. 7:23-cv-00063 (N.D. Tex. Mar. 12, 2024).
- Young v. City of Irving, No. 3:23-cv-01423, 2024 WL 4193936 (N.D. Tex. Sept. 12, 2024).
- Lewis v. Dallas Cnty., No. 3:23-cv-00381 (N.D. Tex. Oct. 23, 2024).
- Dang v. Johnson, No. 3:21-cv-05544, 2023 WL 4106060 (W.D. Wash. June 21, 2023).
- Curtis v. Inslee, 709 F. Supp. 3d 1257 (W.D. Wash. 2023).published
- Feds for Med. Freedom v. Austin, No. 3:23-cv-05490 (W.D. Wash. June 10, 2024).
- Hudacko v. Lee, No. 3:23-cv-05316 (N.D. Cal. Nov. 25, 2024).
- (PC) Elliott v. Hart, No. 2:22-cv-01496 (E.D. Cal. Nov. 20, 2024).
- (PC) Arrant v. Santoro, No. 1:20-cv-01253 (E.D. Cal. Nov. 25, 2024).
- (PC) Cox v. Bal, No. 2:22-cv-00804 (E.D. Cal. Dec. 4, 2024).
- Tressler v. Centre Cnty., No. 1:24-cv-00456 (M.D. Pa. Dec. 5, 2024).
- (PC) McCoy v. Holguin, No. 1:15-cv-00768 (E.D. Cal. Dec. 13, 2024).
- Watson v. Wetzel, No. 2:23-cv-03246, 2024 WL 5096209 (E.D. Pa. Dec. 12, 2024).
- Carmouche v. Weatherspoon, No. 3:23-cv-00793 (M.D. La. Aug. 7, 2024).
- Simms v. Young, No. 3:22-cv-01023 (M.D. La. Sept. 23, 2024).
- Johnson v. Louisiana Dep't Of Pub. Saf. & Corr., No. 3:21-cv-00595 (M.D. La. Oct. 11, 2024).
- Cowan v. Doe 1, No. 1:23-cv-00315 (S.D. Ohio Dec. 20, 2024).
- Santiago v. Fisher, No. 3:22-cv-00484 (M.D. Fla. Dec. 20, 2024).
- Arbeeny v. Cuomo, No. 1:22-cv-02336 (E.D.N.Y. Jan. 10, 2025).
- ERRINGTON v. City of Reading, No. 5:24-cv-03009 (E.D. Pa. Jan. 15, 2025).
- (PC) Ardds v. Kieu, No. 2:20-cv-00133 (E.D. Cal. Jan. 16, 2025).
- Parfaite v. Lippincott, No. 3:22-cv-00316 (M.D. Pa. Jan. 22, 2025).
- (PC) Johnson v. Kuersten, No. 2:21-cv-00828 (E.D. Cal. Jan. 21, 2025).
- Keaton v. Cartwright, No. 3:22-cv-00311 (M.D. Fla. Jan. 27, 2025).
- Hinton v. Grieco, No. 5:22-cv-00016 (S.D. Ga. Jan. 30, 2025).
- Walker v. Hoffman, No. 3:23-cv-00391 (N.D. Tex. Feb. 4, 2025).
- Angelo Jackson v. Michael Carin, 128 F.4th 525 (4th Cir. 2025).published
- Norton v. Walton (CONSENT), No. 3:24-cv-00515 (M.D. Ala. Feb. 18, 2025).
- Goodwin 713742 v. Douglass, No. 2:22-cv-00228 (W.D. Mich. Feb. 21, 2025).
- Soanes v. Maddox, No. 3:23-cv-01278 (M.D. Fla. Feb. 21, 2025).
- Capps v. Metro. Gov't of Nashville Davidson Cnty., No. 3:23-cv-01141 (M.D. Tenn. Feb. 25, 2025).
- Ramos v. Adams, No. 1:21-cv-01103 (E.D. Cal. Feb. 26, 2025).
- Smith v. Olvera, 769 F. Supp. 3d 1147 (D. Nev. 2025).published
- Mitchell v. Yochum, No. 3:23-cv-00461 (N.D. Cal. Mar. 6, 2025).
- Wyatt v. Hauser, No. 1:22-cv-00092 (M.D. Pa. Mar. 11, 2025).
- Torres v. Paredes, No. 3:22-cv-00448 (S.D. Cal. Mar. 11, 2025).
- (PC) Guillory v. Bhutia, No. 2:21-cv-00462 (E.D. Cal. Mar. 11, 2025).
- Castro v. Debias, 770 F. Supp. 3d 758 (M.D. Pa. 2025).published
- Young v. City of Irving, No. 3:23-cv-01423 (N.D. Tex. Mar. 21, 2025).
- (PC) Rader v. Cnty. of Placer, No. 2:19-cv-01265 (E.D. Cal. Mar. 21, 2025).
- Carr v. McKay, No. 1:20-cv-00314 (D. Idaho Mar. 31, 2025).
- McReynolds v. State of Minnesota, No. 0:22-cv-03219 (D. Minn. Apr. 10, 2025).
- Taylor v. Hooven, No. 1:24-cv-00204 (S.D. Ohio Apr. 15, 2025).
- Linton v. Zorn, 135 F.4th 19 (2d Cir. 2025).published
- Sean Hart v. City of Grand Rapids, Mich., 138 F.4th 409 (6th Cir. 2025).published
- Alburg v. Jones, 784 F. Supp. 3d 775 (E.D. Pa. 2025).published
- Campbell v. Herrera, No. 24-3296 (9th Cir. May 29, 2025).unpublished
- Johnson v. Town of Prosper, No. 4:23-cv-00650 (E.D. Tex. May 30, 2025).
- Singh v. Sachem Cent. Sch. Dist., No. 2:20-cv-00146 (E.D.N.Y. June 6, 2025).
- Bailey v. Beale, No. 23-7083 (10th Cir. June 12, 2025).unpublished
- Gwiazdowski v. Maruca, No. 1:22-cv-04303 (D.N.J. June 20, 2025).unpublished
- Teetz v. Stepien, 142 F.4th 705 (10th Cir. 2025).published
- Johnson v. Town of Prosper, No. 4:23-cv-00650 (E.D. Tex. July 1, 2025).
- Nelson v. Wilson (MAG2), No. 3:24-cv-00507 (M.D. Ala. July 11, 2025).
- (PC) Stevenson v. Weichold, No. 2:24-cv-01315 (E.D. Cal. July 25, 2025).
- Vannewhouse v. Effingham Cnty. Bd. of Commissioners, No. 4:24-cv-00006 (S.D. Ga. June 30, 2025).
- Brown 408842 v. Bott, No. 2:21-cv-00056 (W.D. Mich. Aug. 6, 2025).
- Krueger v. Phillips, 154 F.4th 1164 (10th Cir. 2025).published
- Abre Jackson v. Marc Anastacio, 150 F.4th 851 (7th Cir. 2025).published
- Manago v. Smith, No. 3:23-cv-00151 (M.D. Fla. Aug. 26, 2025).
- Smith v. Bangs, No. 2:22-cv-00426 (D. Idaho Sept. 4, 2025).
- Johnson v. Quaranta, No. 2:24-cv-10401 (E.D. Mich. Sept. 15, 2025).
- Snyder v. Virginia State Police, No. 3:24-cv-00652 (E.D. Va. Sept. 18, 2025).
- Cornelius v. Luna, No. 24-1859 (2d Cir. Sept. 29, 2025).unpublished
- Taylor v. Hooven, No. 1:24-cv-00204 (S.D. Ohio Sept. 30, 2025).
- Swallow, 805 F. Supp. 3d 1151 (D. Nev. 2025).published
- Anders, No. 2:25-cv-00869 (E.D. La. Oct. 29, 2025).
- Heard, No. 2:24-cv-10293 (D.N.J. Oct. 28, 2025).unpublished
- Esquivil, No. 1:21-cv-01025 (E.D. Cal. Sept. 29, 2025).
- Herrera, No. 2:25-cv-01360 (D. Ariz. Nov. 24, 2025).
- Lawrence, No. 3:24-cv-05347 (N.D. Cal. Dec. 12, 2025).
- D.L. v. Hernando Cnty. Sheriff’s Off., No. 8:22-cv-00035 (M.D. Fla. Dec. 30, 2025).
- Korman, No. 3:21-cv-01516 (M.D. Pa. Jan. 13, 2026).
- Mintun, No. 1:23-cv-00427 (D. Idaho Jan. 21, 2026).
- Matusak v. Daminski, 165 F.4th 702 (2d Cir. 2026).published
- Martinez, No. 3:23-cv-04247 (N.D. Cal. Jan. 13, 2026).
- Payne, No. 3:25-cv-00776 (N.D. Ala. Feb. 25, 2026).
- Allen, No. 3:24-cv-00747 (M.D. Ala. Feb. 23, 2026).
- Barber v. Rounds, 169 F.4th 577 (5th Cir. 2026).published
- Houston v. Reeves, No. 24-7268 (9th Cir. Mar. 10, 2026).unpublished
- Est. of Dakota Michael Anderson-Turner v. Cnty. of Lake, No. 3:25-cv-05431 (N.D. Cal. Jan. 16, 2026).
- Est. of Allegra Warnick, Deceased v. Benton Cnty., Arkansas; Shawn Holloway, Benton Cnty. Sheriff; Officer Riley McCarver, Rogers Police Dep't; Officer Kaden Dickson, Rogers Police Dep't; & the City of Rogers, Arkansas, No. 2:25-cv-02085 (W.D. Ark. Mar. 23, 2026).
- Coco, No. 1:18-cv-01902 (D. Del. Mar. 25, 2026).
- Brady, No. 5:25-cv-00739 (N.D. Ala. Apr. 6, 2026).
- Bordelon, No. 2:25-cv-00725 (E.D. La. Mar. 31, 2026).
- Margaret Byers v. Gordon Painter, 173 F.4th 155 (4th Cir. 2026).published
- Palafox, No. 4:24-cv-00195 (D. Ariz. Mar. 26, 2026).
- Ciria v. Gerrans, 178 F.4th 491 (9th Cir. 2026).published
- Taylor, No. 2:25-cv-00075 (E.D. Tenn. June 8, 2026).
- Coco, No. 1:18-cv-01902 (D. Del. June 15, 2026).
- Parks, No. 2:25-cv-00263 (E.D. Pa. June 24, 2026).
- Francisco, No. 5:25-cv-05775 (E.D. Pa. June 30, 2026).
- Lopez, No. 3:25-cv-00363 (N.D. Cal. June 2, 2026).
- Diaz, No. 1:24-cv-00283 (D.N.J. July 27, 2026).unpublished
- Aguilar, No. 3:23-cv-00547 (D. Nev. July 17, 2026).
- Jones, No. 3:25-cv-06050 (N.D. Cal. July 21, 2026).
- La'Hori, No. 3:23-cv-01307 (M.D. Fla. Aug. 7, 2026).
- Cortez, No. 3:21-cv-00316 (D. Nev. July 28, 2026).
- Connsero, No. 3:24-cv-09276 (N.D. Cal. Aug. 13, 2026).
- Moore, No. 3:24-cv-00207 (D. Nev. Aug. 18, 2026).
At page 202 Determining clearly established right for reasonable officer1,342 citing casesnoting that the law need not be a “precise formulation of the standard” as long as “various courts have agreed that certain conduct is a constitutional violation under facts not distinguishable in a fair way from the facts presented in the case at hand
- Garcia, No. 3:21-cv-00101 (N.D. Ind. Feb. 3, 2026). (clear to a reasonable officer that his conduct was unlawful in the situation he confronted)
- Hayes v. Entity Centurion of Idaho LLC, No. 1:23-cv-00260 (D. Idaho May 13, 2025).(The relevant, dispositive inquiry is whether it would be clear to a reasonable officer that his conduct was unlawful in the situation he confronted.)
- Gatlin v. Contra Costa Cnty., No. 3:21-cv-00370 (N.D. Cal. Apr. 29, 2025). (The relevant, dispositive inquiry in 15 determining whether a right is clearly established is whether it would be clear to a reasonable officer 16 that his conduct was unlawful in the situation he confronted.)
- Mileham v. Borough of Bridgewater, No. 2:20-cv-00116 (W.D. Pa. Nov. 20, 2023). (The relevant, dispositive inquiry in determining whether a right is clearly established is whether it would be clear to a reasonable officer that his conduct was unlawful in the situation he confronted.)
- (PC) Machado v. Bustamante, No. 2:18-cv-02943 (E.D. Cal. Aug. 17, 2021). (The relevant, dispositive inquiry in 13 determining whether a right is clearly established is whether it would be clear to a reasonable 14 officer that his conduct was unlawful in the situation he confronted.)
- Drennon v. Blades, No. 1:19-cv-00021, 2019 WL 7195604 (D. Idaho Dec. 26, 2019). (The relevant, dispositive inquiry is whether it would be clear to a reasonable officer that his conduct was unlawful in the situation he confronted.)
- Panah v. State of California Dept. of Corr. & Rehab., No. 5:14-cv-00166 (N.D. Cal. Mar. 1, 2022).
- Smith v. Zavala, No. 5:21-cv-03426 (N.D. Cal. Feb. 27, 2023).
- Herrera v. Ortega, No. 5:20-cv-02035 (N.D. Cal. Nov. 14, 2023).
- Amezquita v. Garcia-Cortez, No. 5:20-cv-08285 (N.D. Cal. July 3, 2024).
Show 188 more citing cases
- Saddozai v. Atchley, No. 5:20-cv-07534 (N.D. Cal. Aug. 5, 2024).
- Matthews v. Foss, No. 5:23-cv-02800 (N.D. Cal. Aug. 6, 2024).
- Washington v. Serrato, No. 5:22-cv-05832 (N.D. Cal. Sept. 5, 2024).
- Stampfli v. Susanville Sanitary Dist., No. 2:20-cv-01566 (E.D. Cal. Feb. 24, 2023).
- Atsas v. Bowen, No. 4:21-cv-00366 (N.D. Ohio June 25, 2025).
- (PC) Taylor v. Teragawa, No. 2:21-cv-01330 (E.D. Cal. July 5, 2023).
- (PC) Johnson v. Fernandez, No. 1:22-cv-01026 (E.D. Cal. July 17, 2023).
- Carr v. Bartlett, No. 1:20-cv-00491 (D. Idaho Mar. 27, 2024).
- Est. of La'Mello Parker v. Mississippi Dep't of Pub. Saf., No. 1:23-cv-00185 (S.D. Miss. Mar. 29, 2024).
- Holman v. Wiggs, No. 1:23-cv-00618 (M.D.N.C. May 30, 2024).
- Watts v. Novak, No. 1:22-cv-00512 (D. Or. Jan. 5, 2024).
- Parfaite v. Lippincott, No. 3:22-cv-00316 (M.D. Pa. Feb. 26, 2024).
- (PC) Flannery v. Holstein, No. 2:22-cv-01518 (E.D. Cal. May 28, 2024).
- Harville v. City of Warren, No. 2:22-cv-10154 (E.D. Mich. Sept. 30, 2024).
- Evans v. Doe 1, No. 2:21-cv-00413 (W.D. Pa. Sept. 9, 2024).
- Lewis v. Dallas Cnty., No. 3:23-cv-00381 (N.D. Tex. Oct. 23, 2024).
- (PC) Cox v. Bal, No. 2:22-cv-00804 (E.D. Cal. Dec. 4, 2024).
- Tressler v. Centre Cnty., No. 1:24-cv-00456 (M.D. Pa. Dec. 5, 2024).
- (PC) McCoy v. Holguin, No. 1:15-cv-00768 (E.D. Cal. Dec. 13, 2024).
- Watson v. Wetzel, No. 2:23-cv-03246, 2024 WL 5096209 (E.D. Pa. Dec. 12, 2024).
- Parfaite v. Lippincott, No. 3:22-cv-00316 (M.D. Pa. Jan. 22, 2025).
- Walker v. Hoffman, No. 3:23-cv-00391 (N.D. Tex. Feb. 4, 2025).
- Smith v. Olvera, 769 F. Supp. 3d 1147 (D. Nev. 2025).published
- Wyatt v. Hauser, No. 1:22-cv-00092 (M.D. Pa. Mar. 11, 2025).
- (PC) Rader v. Cnty. of Placer, No. 2:19-cv-01265 (E.D. Cal. Mar. 21, 2025).
- Carr v. McKay, No. 1:20-cv-00314 (D. Idaho Mar. 31, 2025).
- Sean Hart v. City of Grand Rapids, Mich., 138 F.4th 409 (6th Cir. 2025).published
- Alburg v. Jones, 784 F. Supp. 3d 775 (E.D. Pa. 2025).published
- Smith v. Bangs, No. 2:22-cv-00426 (D. Idaho Sept. 4, 2025).
- Johnson v. Quaranta, No. 2:24-cv-10401 (E.D. Mich. Sept. 15, 2025).
- Cornelius v. Luna, No. 24-1859 (2d Cir. Sept. 29, 2025).unpublished
- Anders, No. 2:25-cv-00869 (E.D. La. Oct. 29, 2025).
- Korman, No. 3:21-cv-01516 (M.D. Pa. Jan. 13, 2026).
- Mintun, No. 1:23-cv-00427 (D. Idaho Jan. 21, 2026).
- Houston v. Reeves, No. 24-7268 (9th Cir. Mar. 10, 2026).unpublished
- Williams v. Olsen, 638 F. Supp. 3d 204 (N.D.N.Y. 2022).published
- Evans, No. 2:25-cv-00440 (W.D. Pa. May 5, 2026).
At page 205 Acknowledging reasonable mistakes in legal doctrine application531 citing casesIf an officer 23 reasonably, but mistakenly, believed that a suspect was likely to fight back, for instance, the officer would be justified in using more force than in fact was needed.
- The Est. of Jason Thomson v. Vaubel, 758 F. Supp. 3d 901 (E.D. Wis. 2024).published Findlay, 722 F.3d at 899 ; see also Saucier, 533 U.S. at 206 (“Qualified immunity operates . . . to ensure that before they are subjected to suit, officers are on notice their conduct is unlawful.”).
- Royzman v. Lopez, No. 3:21-cv-01429, 2023 WL 2026537 (S.D. Cal. Feb. 15, 2023).(If an 22 officer reasonably, but mistakenly, believed that a suspect was likely to fight back, for 23 instance, the officer would be justified in using more force than in fact was needed.)
- Bryheim Jamar Baskin v. Rafael Martinez (081982) (Camden Cnty. & Statewide), 233 A.3d 475 (N.J. 2020).published (If an officer 23 reasonably, but mistakenly, believed that a suspect was likely to fight back, for instance, the officer would be justified in using more force than in fact was needed.)
- Kapinski v. City of Albuquerque, 964 F.3d 900 (10th Cir. 2020).published (It is sometimes difficult for an officer to determine how the relevant legal doctrine . . . will apply to the factual situation.)
- Jones v. Treubig, 963 F.3d 214 (2d Cir. 2020).published (If an officer reasonably, but mistakenly, believed that a suspect was likely 34 to fight back, for instance, the officer would be justified in using more force than in fact was needed.)
- Ryan Bonivert v. City of Clarkston, 883 F.3d 865 (9th Cir. 2018).published See id. at 206 (“Officers can have reasonable, but mistaken, beliefs as to the facts establishing the existence of probable cause or exigent circumstances, for example, and in those situations courts will not hold that they have violated t…
- Dontrell Stephens v. Ric Bradshaw, 879 F.3d 1157 (11th Cir. 2018).published (An officer might correctly perceive all of the relevant facts but have a mistaken understanding as to whether a particular amount of force is legal in those circumstances.)
- Ronkin v. Vihn, 71 F. Supp. 3d 124 (D.D.C. 2014).published
- Oxley v. Contra Costa Cnty. Sheriff Dep't, No. 5:23-cv-00510 (N.D. Cal. Jan. 31, 2025).
- Reynaldo Ramirez v. Jim Wells Cnty., No. 11-41109 (5th Cir. May 30, 2013).published
Show 182 more citing cases
- Timothy Mcgaurn Vs. Atl. City Police Officer Andre Corbin, No. A-1940-17T1 (N.J. Super. Ct. App. Div. Nov. 21, 2019).unpublished
- Rostislav Vilshteyn Vs. Police Officer Minino Gorospe, No. A-2113-18T2 (N.J. Super. Ct. App. Div. Feb. 4, 2020).unpublished
- Garcia v. Does, 764 F.3d 170 (2d Cir. 2014).published
- Baker v. Borough of Tinton Falls, No. 3:18-cv-05707 (D.N.J. Sept. 4, 2020).unpublished
- Mitchell v. Yochum, No. 3:23-cv-00461 (N.D. Cal. Mar. 6, 2025).
- Lawrence, No. 3:24-cv-05347 (N.D. Cal. Dec. 12, 2025).
- Ciria v. Gerrans, 178 F.4th 491 (9th Cir. 2026).published
- Parks, No. 2:25-cv-00263 (E.D. Pa. June 24, 2026).
- Lopez, No. 3:25-cv-00363 (N.D. Cal. June 2, 2026).
- Jones, No. 3:25-cv-06050 (N.D. Cal. July 21, 2026).
- Williams v. Olsen, 638 F. Supp. 3d 204 (N.D.N.Y. 2022).published
- McLean v. Davis, No. 3:22-cv-00033 (N.D. Miss. Feb. 9, 2023).
At page 200 Determining qualified immunity and clearly established rights366 citing casesThe relevant, dispositive inquiry in determining whether a right is clearly established is whether it would be clear to a reasonable office that his conduct was unlawful in the situation he confronted.
- The Est. of Jason Thomson v. Vaubel, 758 F. Supp. 3d 901 (E.D. Wis. 2024).published Findlay, 722 F.3d at 899 ; see also Saucier, 533 U.S. at 206 (“Qualified immunity operates . . . to ensure that before they are subjected to suit, officers are on notice their conduct is unlawful.”).
- Joyce v. Dixon, No. 1:20-cv-01118 (D.N.J. Jan. 30, 2024). (The relevant, dispositive inquiry in determining whether a right is clearly established is whether it would be clear to a reasonable office that his conduct was unlawful in the situation he confronted.)
- Capps v. Dixon, No. 1:19-cv-12002 (D.N.J. Jan. 30, 2024). (The relevant, dispositive inquiry in determining whether a right is clearly established is whether it would be clear to a reasonable office that his conduct was unlawful in the situation he confronted.)
- Bryheim Jamar Baskin v. Rafael Martinez (081982) (Camden Cnty. & Statewide), 233 A.3d 475 (N.J. 2020).published See Saucier, 533 U.S. at 205 (“If an officer 23 reasonably, but mistakenly, believed that a suspect was likely to fight back, for instance, the officer would be justified in using more force than in fact was needed.”).
- Lopez-Rodriguez v. Holder, 560 F.3d 1098 (9th Cir. 2009).published
- Scales v. Dist. of Columbia, 973 A.2d 722 (D.C. 2009).published
- Timothy Mcgaurn Vs. Atl. City Police Officer Andre Corbin, No. A-1940-17T1 (N.J. Super. Ct. App. Div. Nov. 21, 2019).unpublished
- Okin v. Vill. of Cornwall-On-Hudson Police Dep't, 577 F.3d 415 (2d Cir. 2009).published
- Harris v. Forrest Cnty. MS, 254 F. App'x 410 (5th Cir. 2007).unpublished
- Hudspeth v. City of Shreveport, 270 F. App'x 332 (5th Cir. 2008).unpublished
Show 174 more citing cases
- Jones v. Hernandez, No. 07-2042 (10th Cir. Dec. 6, 2007).unpublished
- L.Y.N.N. v. Tarney, 405 F. App'x 753 (4th Cir. 2010).unpublished
- Est. of Bennett v. Wainwright, 548 F.3d 155 (1st Cir. 2008).published
- Cochran v. Gilliam, 656 F.3d 300 (6th Cir. 2011).published
- Cindy Abbott v. Sangamon Cnty., 705 F.3d 706 (7th Cir. 2013).published
- Egolf v. Witmer, 526 F.3d 104 (3d Cir. 2008).published
- Moore v. Andreno, 505 F.3d 203 (2d Cir. 2007).published
- Phelan v. Vill. of Lyons, 531 F.3d 484 (7th Cir. 2008).published
- Patrizi v. Huff, 821 F. Supp. 2d 926 (N.D. Ohio 2011).published
- Sheldon v. City of Ambler, 178 P.3d 459 (Alaska 2008).published
- Bell v. City of Cleveland, 548 F. Supp. 2d 444 (N.D. Ohio 2008).published
- Olaniyi v. United States, No. 2006-2165 (D.D.C. Feb. 4, 2011).published
- Garcia v. Does, 764 F.3d 170 (2d Cir. 2014).published
- Champ v. Forcum, No. 3:19-cv-00026 (S.D. Ill. Sept. 11, 2023).
- Campbell v. Perkins, No. 1:23-cv-00478 (D. Md. Sept. 21, 2023).
- Gill v. Mallow, No. 1:22-cv-02077 (D. Md. Nov. 13, 2023).
- Owen v. Goodwin, No. 1:21-cv-00217, 2023 WL 6446204 (W.D.N.C. Sept. 29, 2023).
- Baker v. Borough of Tinton Falls, No. 3:18-cv-05707 (D.N.J. Sept. 4, 2020).unpublished
- Caton v. Salamon, No. 1:22-cv-00345 (S.D. Ohio Sept. 18, 2024).
- Songer v. Bledsoe Cnty. Gov't, No. 1:22-cv-00022 (E.D. Tenn. Aug. 13, 2024).
- Winder v. Gallardo, No. 7:23-cv-00059 (N.D. Tex. Dec. 18, 2023).
- Achimbi v. Owoeye, No. 1:24-cv-01507 (D. Md. Nov. 13, 2024).
- Driver v. Naranjo, No. 3:24-cv-00166 (S.D. Cal. Feb. 21, 2025).
- Wright v. Officer Kyle Baxter, No. 1:24-cv-01966 (D. Md. Feb. 26, 2025).
- King v. Stewart, No. 1:24-cv-00564 (D. Md. Apr. 28, 2025).
- Atsas v. Bowen, No. 4:21-cv-00366 (N.D. Ohio June 25, 2025).
- Bultemeyer v. Centurylink, Inc., No. 24-6413 (9th Cir. Sept. 22, 2026).published
At page 206 Protecting officers from hazy border of excessive force277 citing casesexplaining that the defense is intended to protect state actors who must operate along the “hazy border” that divides acceptable from unreasonable conduct
- The Est. of Jason Thomson v. Vaubel, 758 F. Supp. 3d 901 (E.D. Wis. 2024).published (Qualified immunity operates . . . to ensure that before they are subjected to suit, officers are on notice their conduct is unlawful.)
- Hitoshi Yoshikawa v. Troy Seguirant, 41 F.4th 1109 (9th Cir. 2022).published (Qualified immunity operates . . . to ensure that before [governmental officials] are subjected to suit, [they] are on notice their conduct is unlawful.)
- Floyd v. Bridgman, No. 0:20-cv-60750 (S.D. Fla. Mar. 2, 2021). See Saucier, 533 U.S. at 208 (“The question is what the officer reasonably understood his powers and responsibilities to be, when he acted, under clearly established standards.”). 2.
- Jones v. Treubig, 963 F.3d 214 (2d Cir. 2020).published See Stephenson, 332 F.3d at 78 (“[A]s the Supreme Court clarified in Saucier, claims that an officer made a reasonable mistake of fact that justified the use of force go to the question of whether the plaintiff’s constitutional rights were…
- Ryan Bonivert v. City of Clarkston, 883 F.3d 865 (9th Cir. 2018).published (Officers can have reasonable, but mistaken, beliefs as to the facts establishing the existence of probable cause or exigent circumstances, for example, and in those situations courts will not hold that they have violat…)
- Guerrero v. Deane, 750 F. Supp. 2d 631 (E.D. Va. 2010).published
- Henry v. Purnell, 619 F.3d 323 (4th Cir. 2010).published
- Reynaldo Ramirez v. Jim Wells Cnty., 716 F.3d 369 (5th Cir. 2013).published
- Reynaldo Ramirez v. Jim Wells Cnty., No. 11-41109 (5th Cir. May 30, 2013).published
- Matrisciano v. Randle, 569 F.3d 723 (7th Cir. 2009).published
Show 174 more citing cases
- Timothy Mcgaurn Vs. Atl. City Police Officer Andre Corbin, No. A-1940-17T1 (N.J. Super. Ct. App. Div. Nov. 21, 2019).unpublished
- Okin v. Vill. of Cornwall-On-Hudson Police Dep't, 577 F.3d 415 (2d Cir. 2009).published
- Est. of Bennett v. Wainwright, 548 F.3d 155 (1st Cir. 2008).published
- Phelan v. Vill. of Lyons, 531 F.3d 484 (7th Cir. 2008).published
- Sheldon v. City of Ambler, 178 P.3d 459 (Alaska 2008).published
- Young v. City of Irving, No. 3:23-cv-01423 (N.D. Tex. Mar. 21, 2025).
- Linton v. Zorn, 135 F.4th 19 (2d Cir. 2025).published
- Swallow, 805 F. Supp. 3d 1151 (D. Nev. 2025).published
- Vance v. Wade, 546 F.3d 774 (6th Cir. 2008).published
- Rush v. City of Mansfield, 771 F. Supp. 2d 827 (N.D. Ohio 2011).published
- Walczyk v. Rio, 496 F.3d 139 (2d Cir. 2007).published
- Morelli v. Webster, 552 F.3d 12 (1st Cir. 2009).published
- Doninger v. Niehoff, 642 F.3d 334 (2d Cir. 2011).published
- Cassady v. Yellowstone Cnty. Montana Sheriff Dep't, 2006 MT 217, 143 P.3d 148.published
- Ference v. Twp. of Hamilton, 538 F. Supp. 2d 785 (D.N.J. 2008).published
- City of Saint Albans v. Botkins, 719 S.E.2d 863 (W. Va. 2011).published
- C.B. v. Sonora Sch. Dist., 691 F. Supp. 2d 1123 (E.D. Cal. 2009).published
- C.B. v. Sonora Sch. Dist., 691 F. Supp. 2d 1170 (E.D. Cal. 2010).published
- Medeiros v. Merced Cnty. Sheriff Deputy Clark, 713 F. Supp. 2d 1043 (E.D. Cal. 2010).published
- Than Orn v. City of Tacoma, 949 F.3d 1167 (9th Cir. 2020).published
- Clifton v. Borough of Eddystone, 824 F. Supp. 2d 617 (E.D. Pa. 2011).published
- Grushack v. New Jersey Dep't of Corr., No. 2:21-cv-00623 (D.N.J. Sept. 30, 2021).unpublished
At page 207 Evaluating excessive force claims for objective reasonableness79 citing casesExcessive 15 force claims . . . are evaluated for objective reasonableness based upon the information the 16 officers had when the conduct occurred.
- Mileham v. Borough of Bridgewater, No. 2:20-cv-00116 (W.D. Pa. Nov. 20, 2023). See Saucier, 533 U.S. at 202 (“The relevant, dispositive inquiry in determining whether a right is clearly established is whether it would be clear to a reasonable officer that his conduct was unlawful in the situation he confronted.”).
- Martinez v. Prescott Valley, Town of, 467 F. Supp. 3d 786 (D. Ariz. 2020).published (Excessive 15 force claims . . . are evaluated for objective reasonableness based upon the information the 16 officers had when the conduct occurred.)
- Johnson v. Wolgemuth, 257 F. Supp. 2d 1013 (S.D. Ohio 2003).published
- Okin v. Vill. of Cornwall-On-Hudson Police Dep't, 577 F.3d 415 (2d Cir. 2009).published
- Est. of Bennett v. Wainwright, 548 F.3d 155 (1st Cir. 2008).published
- Egolf v. Witmer, 526 F.3d 104 (3d Cir. 2008).published
- Crowe v. Cnty. of San Diego, 359 F. Supp. 2d 994 (S.D. Cal. 2005).published
- Parker v. Town of Swansea, 310 F. Supp. 2d 356 (D. Mass. 2004).published
- Johnson v. Waters, 317 F. Supp. 2d 726 (E.D. Tex. 2004).published
- Cassady v. Yellowstone Cnty. Montana Sheriff Dep't, 2006 MT 217, 143 P.3d 148.published
Show 58 more citing cases
- City of Saint Albans v. Botkins, 719 S.E.2d 863 (W. Va. 2011).published
- Johnson v. Deep East Texas Reg'l Narcotics Trafficking Task Force, 379 F.3d 293 (5th Cir. 2004).published
- Holland ex rel. Overdorff v. Harrington, 268 F.3d 1179 (10th Cir. 2001).published
- Casey v. City of Fed. Heights, 509 F.3d 1278 (10th Cir. 2007).published
- Clem v. Corbeau, 284 F.3d 543 (4th Cir. 2002).published
- Francine Solomon v. Auburn Hills Police Dep't, 389 F.3d 167 (6th Cir. 2004).published
- Rosenberger v. Kootenai Cnty. Sheriff's Dep't, 103 P.3d 466 (Idaho 2004).published
- Caron v. Hester, 2001 DNH 206 (D.N.H. 2001).published
At page 236 Court discretion on order of qualified immunity analysis60 citing casesexplaining that a court has discretion “which of the two prongs of the qualified immunity analysis should be addressed first in light of the circumstances in the particular case at hand
- Gatlin v. Contra Costa Cnty., No. 3:21-cv-00370 (N.D. Cal. Apr. 29, 2025). See 10 Capp v. Cnty. of San Diego, 940 F.3d 1046, 1058 (9th Cir. 2019) (finding county social worker not 11 entitled to qualified immunity, even without a case directly on point, where “[a] reasonable official 12 would have known that taki…
- Martinez, No. 3:23-cv-04247 (N.D. Cal. Jan. 13, 2026).
- Est. of Dakota Michael Anderson-Turner v. Cnty. of Lake, No. 3:25-cv-05431 (N.D. Cal. Jan. 16, 2026).
- Grushack v. New Jersey Dep't of Corr., No. 2:21-cv-00623 (D.N.J. Sept. 30, 2021).unpublished
- Jason Spears v. Pasquale Leporace, 449 F. App'x 187 (3d Cir. 2011).unpublished
- Marshall v. Indiana Univ., 170 F. Supp. 3d 1201 (S.D. Ind. 2016).published
- Fuqua v. Davis (INMATE 2), No. 2:19-cv-00548 (M.D. Ala. Sept. 23, 2022).
- Lull v. Cnty. of Sacramento, No. 2:16-cv-01093 (E.D. Cal. July 20, 2020).
- Sants v. Seipert, No. 2:15-cv-00355, 2021 WL 465292 (E.D. Cal. Feb. 9, 2021).
- (PC) Hammler v. Lyons, No. 1:19-cv-01650 (E.D. Cal. July 6, 2021).
Show 50 more citing cases
- (PC) Martin v. Petras, No. 2:19-cv-02075 (E.D. Cal. Aug. 6, 2021).
- (PC) Lavery v. Dhillon, No. 2:13-cv-02083 (E.D. Cal. Oct. 25, 2023).
- (PC) Snowden v. Yule, No. 2:17-cv-02167 (E.D. Cal. Oct. 31, 2023).
- Henderson v. Lewis, No. 4:17-cv-06977 (N.D. Cal. Sept. 10, 2019).
At page 204 Distinguishing qualified immunity and excessive force inquiries44 citing casesThe inquiries for qualified immunity and excessive force remain distinct.’’
- Perez v. Borough of Johnsonburg, No. 1:18-cv-00180 (W.D. Pa. July 23, 2021).(The inquiries for qualified immunity and excessive force remain distinct.)
- Curley v. Klem, 499 F.3d 199 (3d Cir. 2007).published
- Cindy Abbott v. Sangamon Cnty., 705 F.3d 706 (7th Cir. 2013).published
- Egolf v. Witmer, 526 F.3d 104 (3d Cir. 2008).published
- Patrizi v. Huff, 821 F. Supp. 2d 926 (N.D. Ohio 2011).published
- Bell v. City of Cleveland, 548 F. Supp. 2d 444 (N.D. Ohio 2008).published
- Olaniyi v. United States, No. 2006-2165 (D.D.C. Feb. 4, 2011).published
- Rush v. City of Mansfield, 771 F. Supp. 2d 827 (N.D. Ohio 2011).published
- William Thorpe v. Harold Clarke, 37 F.4th 926 (4th Cir. 2022).published
- Autin v. City of Baytown, 174 F. App'x 183 (5th Cir. 2005).unpublished
Show 32 more citing cases
- Bush v. Strain, 513 F.3d 492 (5th Cir. 2008).published
- Vaughan v. Cox, 343 F.3d 1323 (11th Cir. 2003).published
- Bryan v. MacPherson, 630 F.3d 805 (9th Cir. 2010).published
- Aldini v. Johnson, 609 F.3d 858 (6th Cir. 2010).published
- Parker v. Town of Swansea, 310 F. Supp. 2d 356 (D. Mass. 2004).published
- Johnson v. Waters, 317 F. Supp. 2d 726 (E.D. Tex. 2004).published
At page 194 Determining clearly established constitutional rights for officers40 citing cases
- Scarbro v. New Hanover Cnty., 374 F. App'x 366 (4th Cir. 2010).unpublished
- Baranski v. Fifteen Unknown Agents of the Bureau of Alcohol, 452 F.3d 433 (6th Cir. 2006).published
- Thomas Leonard v. Stephen Robinson, 477 F.3d 347 (6th Cir. 2007).published
- Giles v. Kearney, 571 F.3d 318 (3d Cir. 2009).published
- Padilla v. Yoo, 633 F. Supp. 2d 1005 (N.D. Cal. 2009).published
- CN ex rel. JN v. Ridgewood Bd. of Educ., 319 F. Supp. 2d 483 (D.N.J. 2004).published
- Mantz v. Chain, 239 F. Supp. 2d 486 (D.N.J. 2002).published
- Arrington v. Dist. of Columbia, 597 F. Supp. 2d 52 (D.D.C. 2009).published
- Whitaker v. Garcetti, 291 F. Supp. 2d 1132 (C.D. Cal. 2003).published
- Osborn v. Butler, 712 F. Supp. 2d 1134 (D. Idaho 2010).published
Show 29 more citing cases
- Richardson v. City of Antioch, 722 F. Supp. 2d 1133 (N.D. Cal. 2010).published
- Arrington v. Ramsey, No. 2007-0170 (D.D.C. Feb. 16, 2009).published
- United Pet Supply, Inc. v. City of Chattanooga, 768 F.3d 464 (6th Cir. 2014).published
- Ronkin v. Vihn, 71 F. Supp. 3d 124 (D.D.C. 2014).published
- Panah v. State of California Dept. of Corr. & Rehab., No. 5:14-cv-00166 (N.D. Cal. Mar. 1, 2022).
- Smith v. Zavala, No. 5:21-cv-03426 (N.D. Cal. Feb. 27, 2023).
- Herrera v. Ortega, No. 5:20-cv-02035 (N.D. Cal. Nov. 14, 2023).
- Amezquita v. Garcia-Cortez, No. 5:20-cv-08285 (N.D. Cal. July 3, 2024).
- Saddozai v. Atchley, No. 5:20-cv-07534 (N.D. Cal. Aug. 5, 2024).
- Matthews v. Foss, No. 5:23-cv-02800 (N.D. Cal. Aug. 6, 2024).
- Washington v. Serrato, No. 5:22-cv-05832 (N.D. Cal. Sept. 5, 2024).
- Oxley v. Contra Costa Cnty. Sheriff Dep't, No. 5:23-cv-00510 (N.D. Cal. Jan. 31, 2025).
- Cherry v. Allen, 765 F. Supp. 3d 1321 (S.D. Ga. 2025).published
- Duckett v. Garcia, No. 5:23-cv-04748 (N.D. Cal. June 17, 2025).
At page 208 Determining officer's reasonable understanding of powers37 citing casesThe question is what the officer reasonably understood his powers and responsibilities to be, when he acted, under clearly established standards.
- Floyd v. Bridgman, No. 0:20-cv-60750 (S.D. Fla. Mar. 2, 2021). (The question is what the officer reasonably understood his powers and responsibilities to be, when he acted, under clearly established standards.)
- Segura v. Hobby Lobby, Inc., 259 F. App'x 95 (10th Cir. 2007).unpublished
- Henry v. Purnell, 619 F.3d 323 (4th Cir. 2010).published
- Robert Fettes v. Adam Hendershot, 375 F. App'x 528 (6th Cir. 2010).unpublished
- Est. of Bennett v. Wainwright, 548 F.3d 155 (1st Cir. 2008).published
- Vance v. Wade, 546 F.3d 774 (6th Cir. 2008).published
- Olaniyi v. Dist. of Columbia, 416 F. Supp. 2d 43 (D.D.C. 2006).published
- Walczyk v. Rio, 496 F.3d 139 (2d Cir. 2007).published
- Morelli v. Webster, 552 F.3d 12 (1st Cir. 2009).published
- Doninger v. Niehoff, 642 F.3d 334 (2d Cir. 2011).published
Show 22 more citing cases
- Ference v. Twp. of Hamilton, 538 F. Supp. 2d 785 (D.N.J. 2008).published
- Clifton v. Borough of Eddystone, 824 F. Supp. 2d 617 (E.D. Pa. 2011).published
- Rosenberger v. Kootenai Cnty. Sheriff's Dep't, 103 P.3d 466 (Idaho 2004).published
- Herman Resnick v. Michael Adams, 348 F.3d 763 (9th Cir. 2003).published
- Oberwetter v. Hilliard, 680 F. Supp. 2d 152 (D.D.C. 2010).published
At page 209 Determining when force violates the Fourth Amendment36 citing casesOur conclusion [that the force used was reasonable] is confirmed by the uncontested fact that the force was not so excessive that respondent suffered hurt or injury.
- Moreno v. Baca, 400 F.3d 1152 (9th Cir. 2005).published
- Lopez-Rodriguez v. Holder, 560 F.3d 1098 (9th Cir. 2009).published
- Sheldon v. City of Ambler, 178 P.3d 459 (Alaska 2008).published
- Williams v. Olsen, 638 F. Supp. 3d 204 (N.D.N.Y. 2022).published
- Johnson v. Dist. of Columbia, 528 F.3d 969 (D.C. Cir. 2008).published
- Ference v. Twp. of Hamilton, 538 F. Supp. 2d 785 (D.N.J. 2008).published
- Francine Solomon v. Auburn Hills Police Dep't, 389 F.3d 167 (6th Cir. 2004).published
- Oberwetter v. Hilliard, 680 F. Supp. 2d 152 (D.D.C. 2010).published
- Terri Vinyard v. Steve Wilson, 311 F.3d 1340 (11th Cir. 2002).published
- Jones v. Buchanan, 325 F.3d 520 (4th Cir. 2003).published
Show 20 more citing cases
- Moreno v. Baca, 431 F.3d 633 (9th Cir. 2005).published
- Arrington ex rel. Arrington v. City of Davenport, 240 F. Supp. 2d 984 (S.D. Iowa 2003).published
- Eisnnicher v. Bob Evans Farms Restaurants, 310 F. Supp. 2d 936 (S.D. Ohio 2004).published
- Myers v. City of Hermosa Beach, 299 F. App'x 744 (9th Cir. 2008).unpublished
At page 203 Limiting corporate liability under the Sherman Act27 citing casesreasonable mistakes
- Moore v. Andreno, 505 F.3d 203 (2d Cir. 2007).published
- Johnson v. Dist. of Columbia, 528 F.3d 969 (D.C. Cir. 2008).published
- Henry v. Purnell, 652 F.3d 524 (4th Cir. 2011).published
- Solis-Alarcon v. United States, 662 F.3d 577 (1st Cir. 2011).published
- Patricia Billington, as Pers. Rep. of the Est. of Ryan Hennessey & as Guardian Ad Litem for Austin Billington, a Minor, & Jenny Hennessey v. David Smith, Individually & in His Off. Capacity as a Detective for the Boise City Police Dep't Larry A. Paulson, Individually & in His Off. Capacity as Chief of Police for the City of Boise John Does 1-10, & City of Boise, Patricia Billington, as Pers. Rep. of the Est. of Ryan Hennessey & as Guardian Ad Litem for Austin Billington, a Minor, & Jenny Hennessey v. City of Boise, a Mun. Corp. Larry A. Paulson, Individually & in His Off. Capacity as Chief of Police for the City of Boise John Does 1-10, & David Smith, Individually & in His Off. Capacity as a Detective for the Boise City Police Dep't, 292 F.3d 1177 (9th Cir. 2002).published
- Anthony Riccardo v. Larry Rausch, 359 F.3d 510 (7th Cir. 2004).published
- Anthony Riccardo v. Larry Rausch, 375 F.3d 521 (7th Cir. 2004).published
- Calvin B. Champion v. Outlook Nashville, Inc., 380 F.3d 893 (6th Cir. 2004).published
- Harris v. City of Circleville, 583 F.3d 356 (6th Cir. 2009).published
- Vance v. Wade, 546 F.3d 774 (6th Cir. 2008).published
Show 15 more citing cases
- Martin v. City of Oceanside, 205 F. Supp. 2d 1142 (S.D. Cal. 2002).published
- Phillips v. Hust, 338 F. Supp. 2d 1148 (D. Or. 2004).published
- Crowe v. Cnty. of San Diego, 359 F. Supp. 2d 994 (S.D. Cal. 2005).published
- Mallin v. City of Eastlake, 755 F. Supp. 2d 819 (N.D. Ohio 2010).published
- Rush v. City of Mansfield, 771 F. Supp. 2d 827 (N.D. Ohio 2011).published
- Olaniyi v. Dist. of Columbia, 416 F. Supp. 2d 43 (D.D.C. 2006).published
- William Thorpe v. Harold Clarke, 37 F.4th 926 (4th Cir. 2022).published
At page 197 Separating qualified immunity from excessive force analysis23 citing casesthe ruling on qualified immunity requires an analysis not susceptible of fusion with the question whether unreasonable force was used in making the arrest
- Christopher Marino v. Ocwen Loan Servicing LLC, 978 F.3d 669 (9th Cir. 2020).published Saucier, 533 U.S. at 201 (“In the course of determining whether a constitutional right was violated on the premises alleged, a court might find it necessary to set forth principles which will become the basis for a holding that a right is…
- Dontrell Stephens v. Ric Bradshaw, 879 F.3d 1157 (11th Cir. 2018).published See Saucier, 533 U.S. at 205 (“An officer might correctly perceive all of the relevant facts but have a mistaken understanding as to whether a particular amount of force is legal in those circumstances.”).
- Mace v. City of Palestine, No. 02-40335 (5th Cir. June 24, 2003).published
- Fleming v. Livingston Cnty., Ill., 674 F.3d 874 (7th Cir. 2012).published
- Debera MacE v. City of Palestine Pat Henderson, 333 F.3d 621 (5th Cir. 2003).published
- Michael Kopec v. Tyrone Tate, 361 F.3d 772 (3d Cir. 2004).published
- Lopez-Rodriguez v. Holder, 560 F.3d 1098 (9th Cir. 2009).published
- Curley v. Klem, 499 F.3d 199 (3d Cir. 2007).published
- Potter v. City of Hanceville (In Re Potter), 354 B.R. 301 (Bankr. N.D. Ala. 2006).published
- Scales v. Dist. of Columbia, 973 A.2d 722 (D.C. 2009).published
Show 11 more citing cases
- Beckinger v. Twp. of Elizabeth, 697 F. Supp. 2d 610 (W.D. Pa. 2010).published
- Crowell v. Kirkpatrick, 667 F. Supp. 2d 391 (D. Vt. 2009).published
- Figueroa v. Gates, 207 F. Supp. 2d 1085 (C.D. Cal. 2002).published
- Dominguez v. Metro. Miami-dade Cnty., 359 F. Supp. 2d 1323 (S.D. Fla. 2004).published
- Johnson v. Wolgemuth, 257 F. Supp. 2d 1013 (S.D. Ohio 2003).published
At page 199 Applying the clearly established law prong of qualified immunity20 citing cases
- Lopez-Rodriguez v. Holder, 560 F.3d 1098 (9th Cir. 2009).published
- Scales v. Dist. of Columbia, 973 A.2d 722 (D.C. 2009).published
- Carswell v. Borough of Homestead, 381 F.3d 235 (3d Cir. 2004).published
- Camp v. Corr. Med. Servs., Inc., 668 F. Supp. 2d 1338 (M.D. Ala. 2009).published
- Nelson v. Giurbino, 395 F. Supp. 2d 946 (S.D. Cal. 2005).published
- Mcclendon v. Story Cnty. Sheriff's Dept., 312 F. Supp. 2d 1146 (S.D. Iowa 2004).published
- Venegas v. Cnty. of Los Angeles, 87 P.3d 1 (Cal. 2004).published
- JoAnn Snyder v. United States, 590 F. App'x 505 (6th Cir. 2014).unpublished
- Robert Fettes v. Adam Hendershot, 375 F. App'x 528 (6th Cir. 2010).unpublished
- Matrisciano v. Randle, 569 F.3d 723 (7th Cir. 2009).published
Show 8 more citing cases
- Timothy Mcgaurn Vs. Atl. City Police Officer Andre Corbin, No. A-1940-17T1 (N.J. Super. Ct. App. Div. Nov. 21, 2019).unpublished
- Ian Tuuamalemalo v. Shahann Greene, 946 F.3d 471 (9th Cir. 2019).published
- Rostislav Vilshteyn Vs. Police Officer Minino Gorospe, No. A-2113-18T2 (N.J. Super. Ct. App. Div. Feb. 4, 2020).unpublished
- Katie Joseph v. John Doe, 981 F.3d 319 (5th Cir. 2020).published
- Stampfli v. Susanville Sanitary Dist., No. 2:20-cv-01566 (E.D. Cal. Feb. 24, 2023).
At page 210 Concurring opinions on the two-part test for immunity21 citing casesJ. Ginsburg, concurring
- The Est. of Jason Thomson v. Vaubel, 758 F. Supp. 3d 901 (E.D. Wis. 2024).published Findlay, 722 F.3d at 899 ; see also Saucier, 533 U.S. at 206 (“Qualified immunity operates . . . to ensure that before they are subjected to suit, officers are on notice their conduct is unlawful.”).
- Bell v. City of Cleveland, 548 F. Supp. 2d 444 (N.D. Ohio 2008).published
- Est. of La'Mello Parker v. Mississippi Dep't of Pub. Saf., No. 1:23-cv-00185 (S.D. Miss. Mar. 29, 2024).
- Lopez, No. 3:25-cv-00363 (N.D. Cal. June 2, 2026).
- Parker v. Town of Swansea, 310 F. Supp. 2d 356 (D. Mass. 2004).published
- Francine Solomon v. Auburn Hills Police Dep't, 389 F.3d 167 (6th Cir. 2004).published
- Jones v. Buchanan, 325 F.3d 520 (4th Cir. 2003).published
- Diane Sanchez v. City of Midland, 376 F. App'x 449 (5th Cir. 2010).unpublished
- Morse v. Frederick, 551 U.S. 393 (2007).published
- Pearson v. Callahan, 555 U.S. 223 (2009).published
Show 7 more citing cases
- Margaret Cowan v. Michael Breen, 352 F.3d 756 (2d Cir. 2003).published
- McClendon v. Story Cnty. Sheriff's Off., 403 F.3d 510 (8th Cir. 2005).published
- Elaine Brittain v. William Hansen Rebecca Scott Cnty. of San Bernardino, 451 F.3d 982 (9th Cir. 2006).published
- Doss v. Gilkey, 649 F. Supp. 2d 905 (S.D. Ill. 2009).published
At page 216 Determining summary judgment appropriateness on factual disputes15 citing casesGinsburg, Breyer and Stevens, JJ., concurring
- Cheryl D. Lyons v. City of Xenia, 417 F.3d 565 (6th Cir. 2005).published
- C.B. v. Sonora Sch. Dist., 691 F. Supp. 2d 1123 (E.D. Cal. 2009).published
- C.B. v. Sonora Sch. Dist., 691 F. Supp. 2d 1170 (E.D. Cal. 2010).published
- Medeiros v. Merced Cnty. Sheriff Deputy Clark, 713 F. Supp. 2d 1043 (E.D. Cal. 2010).published
- Than Orn v. City of Tacoma, 949 F.3d 1167 (9th Cir. 2020).published
- Margaret Cowan v. Michael Breen, 352 F.3d 756 (2d Cir. 2003).published
- Jamal Stephenson v. John Doe, 332 F.3d 68 (2d Cir. 2003).published
- Kely Wilkins, Individually & as the Successor in Interest to Decedent William Alberto Wilkins William Alberto Wilkins, Individually the Est. of William Wilkins William Randolph Wilkins, a Minor, by & Through His Guardian Ad Litem, Kely Wilkins Fernando Wilkins, Individually Josefina Wilkins, Individually v. City of Oakland v. Tim Scarrott, Individually, & in His Off. Capacity as a Police Officer for the City of Oakland Andrew Koponen, Individually, & in His Off. Capacity as a Police Officer for the City of Oakland, 350 F.3d 949 (9th Cir. 2003).published
- Burbank v. Davis, 227 F. Supp. 2d 176 (D. Me. 2002).published
- Oxborrow v. City of Coalinga, 559 F. Supp. 2d 1072 (E.D. Cal. 2008).published
Show 4 more citing cases
- Flythe v. Dist. of Columbia, No. 2010-2021 (D.D.C. Aug. 26, 2016).published
- Stephenson v. Doe, 332 F.3d 68 (2d Cir. 2003).published
- Wilkins v. City of Oakland, 350 F.3d 949 (9th Cir. 2003).published
- Thevenin v. City of Troy, No. 1:16-cv-01115 (N.D.N.Y. Sept. 6, 2019).
121 S. Ct. at 2160 Analyzing clearly established rule for qualified immunity14 citing cases[N]either respondent nor the Court of Appeals has identified any case demonstrating a 24 clearly established rule prohibiting the officer from acting as he did, nor are we aware of any such rule.
- Parker v. Town of Swansea, 310 F. Supp. 2d 356 (D. Mass. 2004).published
- Holland ex rel. Overdorff v. Harrington, 268 F.3d 1179 (10th Cir. 2001).published
- Rosenberger v. Kootenai Cnty. Sheriff's Dep't, 103 P.3d 466 (Idaho 2004).published
- Caron v. Hester, 2001 DNH 206 (D.N.H. 2001).published
- Myers v. City of Hermosa Beach, 299 F. App'x 744 (9th Cir. 2008).unpublished
- Hummel v. City of Carlisle, 229 F. Supp. 2d 839 (S.D. Ohio 2002).published
- Jones v. Marcum, 197 F. Supp. 2d 991 (S.D. Ohio 2002).published
- Ernest D. Johnson v. Brian Breeden, 280 F.3d 1308 (11th Cir. 2002).published
- Richard Leo Deorle v. Greg Rutherford, 263 F.3d 1106 (9th Cir. 2001).published
- Richard Leo Deorle v. Greg Rutherford, 272 F.3d 1272 (9th Cir. 2001).published
Show 3 more citing cases
- Brown v. City of Myrtle Beach, 278 F.3d 362 (4th Cir. 2002).published
- Hendon v. City of Piedmont, 163 F. Supp. 2d 1316 (N.D. Ala. 2001).published
- Pegg v. Klempa, 119 F. Supp. 3d 488 (N.D. W. Va. 2015).published
At page 195 Determining clearly established constitutional rights for immunity11 citing casesstate actor must have notice that conduct is “clearly unlawful
- Osborn v. Butler, 712 F. Supp. 2d 1134 (D. Idaho 2010).published
- Burke v. Town of Walpole, 405 F.3d 66 (1st Cir. 2005).published
- Moreno v. Baca, 400 F.3d 1152 (9th Cir. 2005).published
- Carlin Robinson v. Daniel Lioi, 536 F. App'x 340 (4th Cir. 2013).unpublished
- J.R. v. Gloria, 599 F. Supp. 2d 182 (D.R.I. 2009).published
- Guerrero v. Deane, 750 F. Supp. 2d 631 (E.D. Va. 2010).published
- Shorter v. Baca, 101 F. Supp. 3d 876 (C.D. Cal. 2015).published
- Smith v. Schwarzenegger, 137 F. Supp. 3d 1233 (E.D. Cal. 2015).published
- Nelson v. Green, 965 F. Supp. 2d 732 (W.D. Va. 2013).published
- Bracey v. Betancourt, No. 2:20-cv-06205, 2021 WL 5112246 (E.D. Pa. Nov. 3, 2021).
At page 232 Determining clear establishment of right for qualified immunity8 citing cases
- Harold Hall v. City of Los Angeles, 697 F.3d 1059 (9th Cir. 2012).published
- Jesus Hernandez v. Unknown Named Agents, 785 F.3d 117 (5th Cir. 2015).published
- Anderson v. City Of Prichard, No. 1:21-cv-00388 (S.D. Ala. Mar. 26, 2024).
- Traweek v. Gusman, No. 2:19-cv-01384 (E.D. La. Jan. 20, 2021).
- Jemison v. Pena, No. 1:24-cv-00022 (S.D. Ala. Sept. 25, 2024).
- White v. Taylor, No. 1:24-cv-00054 (S.D. Ala. Sept. 25, 2025).
- Rone, No. 1:22-cv-00509 (S.D. Ala. Feb. 10, 2026).
- Rone, No. 1:23-cv-00154 (S.D. Ala. Feb. 10, 2026).
At page 198 Dispute over resistance during arrest and immunity9 citing casesIt seems agreed that respondent placed his feet somewhere on the outside of the van, perhaps the bumper, but there is a dispute whether he did so to resist.
- Segura v. Hobby Lobby, Inc., 259 F. App'x 95 (10th Cir. 2007).unpublished
- Henry v. Purnell, 619 F.3d 323 (4th Cir. 2010).published
- Andres M. Martinez v. G.D. Stanford W. Owen M. Atkinson D. Rockholt J. Stovall, 323 F.3d 1178 (9th Cir. 2003).published
- Cheryl D. Lyons v. City of Xenia, 417 F.3d 565 (6th Cir. 2005).published
- Reynaldo Ramirez v. Jim Wells Cnty., 716 F.3d 369 (5th Cir. 2013).published
- Reynaldo Ramirez v. Jim Wells Cnty., No. 11-41109 (5th Cir. May 30, 2013).published
- Lyons v. City of Xenia, 90 F. App'x 835 (6th Cir. 2004).unpublished
121 S. Ct. at 2154 Determining reasonableness of officer conduct under section 19837 citing cases
- Reynaldo Ramirez v. Jim Wells Cnty., 716 F.3d 369 (5th Cir. 2013).published
- Reynaldo Ramirez v. Jim Wells Cnty., No. 11-41109 (5th Cir. May 30, 2013).published
- Rosenberger v. Kootenai Cnty. Sheriff's Dep't, 103 P.3d 466 (Idaho 2004).published
- Hummel v. City of Carlisle, 229 F. Supp. 2d 839 (S.D. Ohio 2002).published
- Jones v. Marcum, 197 F. Supp. 2d 991 (S.D. Ohio 2002).published
- Gormley v. Wood-El, 29 A.3d 336 (N.J. Super. Ct. App. Div. 2011).published
121 S. Ct. at 2151 Analyzing qualified immunity and excessive force standards5 citing casesinvolving “gratuitously violent shove” of animal protestor upon arrest at a public event where the Vice President of the United States was speaking
- Frank Hartley v. City of Tuscaloosa Alabama, 147 F. App'x 61 (11th Cir. 2005).unpublished
- Arrid Baltimore v. City of Albany, 183 F. App'x 891 (11th Cir. 2006).unpublished
- Calhoun v. Thomas, 360 F. Supp. 2d 1264 (M.D. Ala. 2005).published
- Wilson v. City of Des Moines, 160 F. Supp. 2d 1038 (S.D. Iowa 2001).published
- Anthony Pace, Sr. Vs. Twp. of Nutley, No. A-5310-14T2 (N.J. Super. Ct. App. Div. July 12, 2017).unpublished
121 S. Ct. at 2153 Determining clarity of unlawful conduct to a reasonable officer5 citing cases
- Clem v. Corbeau, 284 F.3d 543 (4th Cir. 2002).published
- Rosenberger v. Kootenai Cnty. Sheriff's Dep't, 103 P.3d 466 (Idaho 2004).published
- Bennett v. Murphy, 274 F.3d 133 (3d Cir. 2002).published
At page 231 Qualified immunity standard requiring affirmative answer to both questions3 citing cases
- Evans, No. 2:25-cv-00440 (W.D. Pa. May 5, 2026).
- Gomez v. City of Memphis, No. 2:19-cv-02412 (W.D. Tenn. Apr. 27, 2021).
- Hester v. Chester Cnty., No. 1:24-cv-01034 (W.D. Tenn. Aug. 2, 2024).
At page 242 Overruling mandatory two-step framework for clearly established law3 citing cases
- McLean v. Davis, No. 3:22-cv-00033 (N.D. Miss. Feb. 9, 2023).
- Pleasant-Bey v. Shelby Cnty. Gov't, No. 2:17-cv-02502, 2019 WL 5654993 (W.D. Tenn. Oct. 31, 2019).
- Devin Ledbetter v. B. Helmers, 133 F.4th 788 (8th Cir. 2025).published
Other citing cases
- Riley v. Pounders, No. 1:24-cv-00220 (N.D. Miss. Sept. 17, 2025).
- Gully, No. 3:22-cv-02816 (S.D. Ill. July 20, 2026).
- Antonio Guyton v. City of Stockton, No. 2:24-cv-00922 (E.D. Cal. Dec. 29, 2025).
- Greenwood, No. 2:24-cv-01401 (E.D. Cal. Oct. 27, 2025).
- (PC) Warden v. Cowan, No. 2:19-cv-00431 (E.D. Cal. July 1, 2025).
- (PS) Alston v. City of Sacramento, No. 2:21-cv-02049 (E.D. Cal. Oct. 11, 2023).
- Johnson v. Maue, No. 3:18-cv-02212 (S.D. Ill. Sept. 7, 2023).
- Potter v. Rachel, No. 6:22-cv-00452 (E.D. Tex. Feb. 24, 2023).
- Bennett v. Hicks, No. 2:21-cv-00154 (E.D. Wash. Nov. 23, 2022).
- Amaya v. Butler, No. 3:16-cv-01390 (S.D. Ill. June 17, 2021).
Show 9 more citing cases
- Hoskins v. Eovaldi, No. 3:17-cv-01122 (S.D. Ill. Oct. 22, 2020).
- (PS) Avila v. McMahon, No. 2:18-cv-00163 (E.D. Cal. Oct. 16, 2020).
- (PC) Warden v. Cowan, No. 2:19-cv-00431 (E.D. Cal. Sept. 18, 2020).
- Morecraft v. Baldwin, No. 3:18-cv-00458 (S.D. Ill. July 6, 2020).
- Mobley v. Mallow, No. 1:18-cv-03515 (D. Md. Nov. 21, 2019).
- Kissinger v. Fort Wayne Cmty. Sch., 293 F. Supp. 3d 796 (N.D. Ind. 2018).published
- Tibbett v. McPherson, 5 F. Supp. 3d 989 (S.D. Ind. 2014).published
- Volkman v. Ryker, 736 F.3d 1084 (7th Cir. 2013).published
- Hulstedt v. City of Scottsdale, 884 F. Supp. 2d 972 (D. Ariz. 2012).published
v.
Elliot M. Katz and in Defense of Animals
533 U.S. 158
121 S.Ct. 2087
150 L.Ed.2d 198
NOTICE: This opinion is subject to formal revision before publication in the preliminary print of the United States Reports. Readers are requested to notify the Reporter of Decisions, Supreme Court of the United States, Washington, D. C. 20543, of any typographical or other formal errors, in order that corrections may be made before the preliminary print goes to press.
CEDRIC KUSHNER PROMOTIONS, LTD., PETITIONER
v.
DON KING et al.
SUPREME COURT OF THE UNITED STATES
No. 00-549.
Argued April 18, 2001
Decided June 11, 2001
Syllabus
Petitioner, a corporate promoter of boxing matches, sued Don King, the president and sole shareholder of a rival corporation, alleging that King had conducted his corporation's affairs in violation of the Racketeer Influenced and Corrupt Organizations Act, which makes it "unlawful for any person employed by or associated with any enterprise ... to conduct or participate ... in the conduct of such enterprise's affairs through a pattern of racketeering activity," 18 U.S.C. 1962(c). The District Court, citing Circuit precedent, dismissed the complaint. In affirming, the Second Circuit expressed its view that 1962(c) applies only where a plaintiff shows the existence of two separate entities, a "person" and a distinct "enterprise," the affairs of which that "person" improperly conducts. In this instance, the court noted, it was undisputed that King was an employee of his corporation and also acting within the scope of his authority. Under the court's analysis, King, in a legal sense, was part of the corporation, not a "person," distinct from the "enterprise," who allegedly improperly conducted the "enterprise's affairs."
Held: In the circumstances of this case, 1962(c) requires no more than the formal legal distinction between "person" and "enterprise" (namely, incorporation); hence, the provision applies when a corporate employee unlawfully conducts the affairs of the corporation of which he is the sole owner-whether he conducts those affairs within the scope, or beyond the scope, of corporate authority. This Court does not quarrel with the basic principle that to establish liability under 1962(c) one must allege and prove the existence of two distinct entities: (1) a "person"; and (2) an "enterprise" that is not simply the same "person" referred to by a different name. Nonetheless, the Court disagrees with the appellate court's application of that "distinctness" principle to the present circumstances, in which a corporate employee, acting within the scope of his authority, allegedly conducts the corporation's affairs in a RICO-forbidden way. The corporate owner/employee, a natural person, is distinct from the corporation itself, a legally different entity with different rights and responsibilities due to its different legal status. The Court can find nothing in RICO that requires more "separateness" than that. Linguistically speaking, an employee who conducts his corporation's affairs through illegal acts comes within 1962(c)'s terms forbidding any "person" unlawfully to conduct an "enterprise," particularly when RICO explicitly defines "person" to include "any individual ... capable of holding a legal or beneficial interest in property," and defines "enterprise" to include a "corporation," 1961(3), (4). And, linguistically speaking, the employee and the corporation are different "persons," even where the employee is the corporation's sole owner. Incorporation's basic purpose is to create a legal entity distinct from those natural individuals who created the corporation, who own it, or whom it employs. See, e.g., United States v. Bestfoods, 524 U.S. 51, 61-62. The precedent on which the Second Circuit relied involved significantly different circumstances from those here at issue. Further, to apply RICO in these circumstances is consistent with the statute's basic purposes of protecting both a legitimate "enterprise" from those who would use unlawful acts to victimize it, United States v. Turkette, 452 U.S. 576, 591, and the public from those who would unlawfully use an "enterprise" (whether legitimate or illegitimate) as a "vehicle" through which unlawful activity is committed, National Organization for Women, Inc. v. Scheidler, 510 U.S. 249, 259. Conversely, the appellate court's critical legal distinction-between employees acting within and without the scope of corporate authority-would immunize from RICO liability many of those at whom this Court has said RICO directly aims, e.g., high-ranking individuals in an illegitimate criminal enterprise, who, seeking to further the enterprise's purposes, act within the scope of their authority, cf. Turkette, supra, at 581. Finally, nothing in the statute's history significantly favors an alternative interpretation. This Court's rule is no less consistent than is the lower court's rule with the following principles cited by King: (1) the principle that a corporation acts only through its directors, officers, and agents; (2) the principle that a corporation should not be liable for its employees' criminal acts where Congress so intends; and (3) antitrust law's intracorporate conspiracy doctrine. Pp. 2-8.
219 F.3d 115, reversed and remanded.
ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT
Breyer, J., delivered the opinion for a unanimous Court.
Opinion of the Court
Justice Breyer delivered the opinion of the Court.
The Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. 1961 et seq., makes it "unlawful for any person employed by or associated with any enterprise ... to conduct or participate ... in the conduct of such enterprise's affairs" through the commission of two or more statutorily defined crimes-which RICO calls "a pattern of racketeering activity." 1962(c). The language suggests, and lower courts have held, that this provision fore- sees two separate entities, a "person" and a distinct "enterprise."
This case focuses upon a person who is the president and sole shareholder of a closely held corporation. The plaintiff claims that the president has conducted the corporation's affairs through the forbidden "pattern," though for present purposes it is conceded that, in doing so, he acted within the scope of his authority as the corporation's employee. In these circumstances, are there two entities, a "person" and a separate "enterprise"? Assuming, as we must given the posture of this case, that the allegations in the complaint are true, we conclude that the "person" and "enterprise" here are distinct and that the RICO provision applies.
Petitioner, Cedric Kushner Promotions, Ltd., is a corporation that promotes boxing matches. Petitioner sued Don King, the president and sole shareholder of Don King Productions, a corporation, claiming that King had conducted the boxing-related affairs of Don King Productions in part through a RICO "pattern," i.e., through the alleged commission of at least two instances of fraud and other RICO predicate crimes. The District Court, citing Court of Appeals precedent, dismissed the complaint. Civ. No. 98-6859, 1999 WL 771366, *3-4 (SDNY, Sept. 28, 1999). And the Court of Appeals affirmed that dismissal. 219 F.3d 115 (CA2 2000) (per curiam). In the appellate court's view, 1962(c) applies only where a plaintiff shows the existence of two separate entities, a "person" and a distinct "enterprise," the affairs of which that "person" improperly conducts. Id., at 116. In this instance, "it is undisputed that King was an employee" of the corporation Don King Productions and also "acting within the scope of his authority." Id., at 117. Under the Court of Appeals' analysis, King, in a legal sense, was part of, not separate from, the corporation. There was no "person," distinct from the "enterprise," who improperly conducted the "enterprise's affairs." And thus 1962(c) did not apply. Ibid.
Other Circuits, applying 1962(c) in roughly similar circumstances, have reached a contrary conclusion. See, e.g., Brannon v. Boatmen's First Nat. Bank of Okla., 153 F.3d 1144, 1148, n. 4 (CA10 1998); Richmond v. Nationwide Cassel L. P., 52 F.3d 640, 647 (CA7 1995); Jaguar Cars, Inc. v. Royal Oaks Motor Car Co., 46 F.3d 258, 265, 269 (CA3 1995); Sever v. Alaska Pulp Corp., 978 F.2d 1529, 1534 (CA9 1992). We granted certiorari to resolve the conflict. We now agree with these Circuits and hold that the Second Circuit's interpretation of 1962(c) is erroneous.
We do not quarrel with the basic principle that to establish liability under 1962(c) one must allege and prove the existence of two distinct entities: (1) a "person"; and (2) an "enterprise" that is not simply the same "person" referred to by a different name. The statute's language, read as ordinary English, suggests that principle. The Act says that it applies to "person[s]" who are "employed by or associated with" the "enterprise." 1962(c). In ordinary English one speaks of employing, being employed by, or associating with others, not oneself. See Webster's Third New International Dictionary 132 (1993) (defining "associate"); id., at 743 (defining "employ"). In addition, the Act's purposes are consistent with that principle. Whether the Act seeks to prevent a person from victimizing, say, a small business, S. Rep. No. 91-617, p. 77 (1969), or to prevent a person from using a corporation for criminal purposes, National Organization for Women, Inc. v. Scheidler, 510 U.S. 249, 259 (1994), the person and the victim, or the person and the tool, are different entities, not the same.
The Acting Solicitor General reads 1962(c) "to require some distinctness between the RICO defendant and the RICO enterprise." Brief for United States as Amicus Curiae 11. And she says that this requirement is "legally sound and workable." Ibid. We agree with her assessment, particularly in light of the fact that 12 Courts of Appeals have interpreted the statute as embodying some such distinctness requirement without creating discernible mischief in the administration of RICO. See St. Paul Mercury Ins. Co. v. Williamson, 224 F.3d 425, 445 (CA5 2000); United States v. Goldin Industries, Inc., 219 F.3d 1268, 1270 (CA11) (en banc), cert. denied, 531 U.S. 1102 (2000); Begala v. PNC Bank, 214 F.3d 776, 781 (CA6 2000), cert. denied, 531 U.S. __ (2001); Doyle v. Hasbro, Inc., 103 F.3d 186, 190 (CA1 1996); Richmond, supra, at 646-647; Gasoline Sales, Inc. v. Aero Oil Co., 39 F.3d 70, 72-73 (CA3 1994); Confederate Memorial Assn., Inc. v. Hines, 995 F.2d 295, 299-300 (CADC 1993); Board of Cty. Comm'rs, San Juan Cty. v. Liberty Group, 965 F.2d 879, 885 (CA10), cert. denied, 506 U.S. 918 (1992); River City Markets, Inc. v. Fleming Foods West, Inc., 960 F.2d 1458, 1461 (CA9 1992); Busby v. Crown Supply, Inc., 896 F.2d 833, 840 (CA4 1990); Atlas Pile Driving Co. v. DiCon Financial Co., 886 F.2d 986, 995 (CA8 1989); Bennett v. United States Trust Co. of New York, 770 F.2d 308, 315, and n. 2 (CA2 1985), cert. denied, 474 U.S. 1058 (1986); see also Semiconductor Energy Laboratory Co., Ltd. v. Samsung Electronics Co., Ltd., 204 F.3d 1368, 1383, n. 7 (CA Fed. 2000) (approving of distinctness requirement in dicta), cert. denied, 531 U.S. __ (2001). Indeed, this Court previously has said that liability "depends on showing that the defendants conducted or participated in the conduct of the 'enterprise's affairs,' not just their own affairs." Reves v. Ernst & Young, 507 U.S. 170, 185 (1993).
While accepting the "distinctness" principle, we nonetheless disagree with the appellate court's application of that principle to the present circumstances-circumstances in which a corporate employee, "acting within the scope of his authority," 219 F.3d, at 117, allegedly conducts the corporation's affairs in a RICO-forbidden way. The corporate owner/employee, a natural person, is distinct from the corporation itself, a legally different entity with different rights and responsibilities due to its different legal status. And we can find nothing in the statute that requires more "separateness" than that. Cf. McCullough v. Suter, 757 F.2d 142, 144 (CA7 1985) (finding either formal or practical separateness sufficient to be distinct under 1962(c)).
Linguistically speaking, an employee who conducts the affairs of a corporation through illegal acts comes within the terms of a statute that forbids any "person" unlawfully to conduct an "enterprise," particularly when the statute explicitly defines "person" to include "any individual ... capable of holding a legal or beneficial interest in property," and defines "enterprise" to include a "corporation." 18 U.S.C. 1961(3), (4). And, linguistically speaking, the employee and the corporation are different "persons," even where the employee is the corporation's sole owner. After all, incorporation's basic purpose is to create a distinct legal entity, with legal rights, obligations, powers, and privileges different from those of the natural individuals who created it, who own it, or whom it employs. See United States v. Bestfoods, 524 U.S. 51, 61-62 (1998); Burnet v. Clark, 287 U.S. 410, 415 (1932); 1 W. Fletcher, Cyclopedia of the Law of Private Corporations 7, 14 (rev. ed. 1999).
We note that the Second Circuit relied on earlier Circuit precedent for its decision. But that precedent involved quite different circumstances which are not presented here. This case concerns a claim that a corporate employee is the "person" and the corporation is the "enterprise." It is natural to speak of a corporate employee as a "person employed by" the corporation. 1962(c). The earlier Second Circuit precedent concerned a claim that a corporation was the "person" and the corporation, together with all its employees and agents, were the "enterprise." See Riverwoods Chappaqua Corp. v. Marine Midland Bank, N. A., 30 F.3d 339, 344 (1994) (affirming dismissal of complaint). It is less natural to speak of a corporation as "employed by" or "associated with" this latter oddly constructed entity. And the Second Circuit's other precedent also involved significantly different allegations compared with the instant case. See Anatian v. Coutts Bank (Switzerland) Ltd., 193 F.3d 85, 89 (1999) (affirming dismissal where plaintiff alleged that same bank was both "person" and "enterprise"), cert. denied, 528 U.S. 1188 (2000); Discon, Inc. v. NYNEX Corp., 93 F.3d 1055, 1064 (1996) (involving complaint alleging that corporate subsidiaries were "persons" and subsidiaries, taken together as parent, were "enterprise"), vacated on other grounds, 525 U.S. 128 (1998); Bennett, supra, at 315, and n. 2 (same as Anatian). We do not here consider the merits of these cases, and note only their distinction from the instant case.
Further, to apply the RICO statute in present circumstances is consistent with the statute's basic purposes as this Court has defined them. The Court has held that RICO both protects a legitimate "enterprise" from those who would use unlawful acts to victimize it, United States v. Turkette, 452 U.S. 576, 591 (1981), and also protects the public from those who would unlawfully use an "enterprise" (whether legitimate or illegitimate) as a "vehicle" through which "unlawful ... activity is committed," National Organization for Women, Inc., 510 U.S., at 259. A corporate employee who conducts the corporation's affairs through an unlawful RICO "pattern . . . of activity," 1962(c), uses that corporation as a "vehicle" whether he is, or is not, its sole owner.
Conversely, the appellate court's critical legal distinction-between employees acting within the scope of corporate authority and those acting outside that authority-is inconsistent with a basic statutory purpose. Cf. Reves, supra, at 184 (stating that an enterprise is " 'operated,' " within 1962(c)'s meaning, "not just by upper management but also by lower rung participants in the enterprise who are under the direction of upper management" (emphasis added)). It would immunize from RICO liability many of those at whom this Court has said RICO directly aims-e.g., high-ranking individuals in an illegitimate criminal enterprise, who, seeking to further the purposes of that enterprise, act within the scope of their authority. Cf. Turkette, supra, at 581 (Congress "did nothing to indicate that an enterprise consisting of a group of individuals was not covered by RICO if the purpose of the enterprise was exclusively criminal").
Finally, we have found nothing in the statute's history that significantly favors an alternative interpretation. That history not only refers frequently to the importance of undermining organized crime's influence upon legitimate businesses but also refers to the need to protect the public from those who would run "organization[s] in a manner detrimental to the public interest." S. Rep. No. 91-617, at 82. This latter purpose, as we have said, invites the legal principle we endorse, namely, that in present circumstances the statute requires no more than the formal legal distinction between "person" and "enterprise" (namely, incorporation) that is present here.
In reply, King argues that the lower court's rule is consistent with (1) the principle that a corporation acts only through its directors, officers, and agents, 1 Fletcher, supra, 30, (2) the principle that a corporation should not be liable for the criminal acts of its employees where Congress so intends, Brief for Respondents 20-21, and (3) the Sherman Act principle limiting liability under 15 U.S.C. 1 by excluding "from unlawful combinations or conspiracies the activities of a single firm," Copperweld Corp. v. Independence Tube Corp., 467 U.S. 752, 769-770, n. 15 (1984). The alternative that we endorse, however, is no less consistent with these principles. It does not deny that a corporation acts through its employees; it says only that the corporation and its employees are not legally identical. It does not assert that ordinary respondeat superior principles make a corporation legally liable under RICO for the criminal acts of its employees; that is a matter of congressional intent not before us. See, e.g., Gasoline Sales, Inc., 39 F.3d, at 73 (holding that corporation cannot be "vicariously liable" for 1962(c) violations committed by its vice president). Neither is it inconsistent with antitrust law's intracorporate conspiracy doctrine; that doctrine turns on specific antitrust objectives. See Copperweld Corp., supra, at 770-771. Rather, we hold simply that the need for two distinct entities is satisfied; hence, the RICO provision before us applies when a corporate employee unlawfully conducts the affairs of the corporation of which he is the sole owner-whether he conducts those affairs within the scope, or beyond the scope, of corporate authority.
For these reasons, the Court of Appeals' judgment is reversed, and the case is remanded for further proceedings consistent with this opinion.
It is so ordered.