Taylor v. Barkes, 135 S. Ct. 2042 (2015). · Go Syfert
Taylor v. Barkes, 135 S. Ct. 2042 (2015). Cases Citing This Book View Copy Cite
1,711 citation events (1,711 in the last 25 years) across 81 distinct courts.
Strongest positive: Kelly McSean v. Derick Bainbridge (moed, 2026-01-23)
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Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Kelly McSean v. Derick Bainbridge
E.D. Mo. · 2026 · signal: see also · quote attribution · 1 verbatim quote · confidence high
we do not require a case directly on point, but existing precedent must have placed the statutory or constitutional question beyond debate.
examined Cited as authority (verbatim quote) CONONIE v. BRUNNER
W.D. Pa. · 2025 · quote attribution · 1 verbatim quote · confidence high
qualified immunity shields government officials from civil damages liability unless the official violated a statutory or constitutional right that was clearly established at the time of the challenged conduct
discussed Cited as authority (verbatim quote) Trotter v. Akinbayo (2×) also: Cited as authority (rule)
D. Del. · 2023 · quote attribution · 1 verbatim quote · confidence high
when properly applied, qualified immunity protects all but the plainly incompetent or those who knowingly violate the law.
examined Cited as authority (verbatim quote) Rogers v. Pocono Mountain East High School
M.D. Penn. · 2022 · signal: see also · quote attribution · 1 verbatim quote · confidence high
qualified immunity shields government officials from civil damages liability unless the official violated a statutory or constitutional right that was clearly established at the time of the challenged conduct.
examined Cited as authority (verbatim quote) Drevdahl v. City of Fairfield
E.D. Cal. · 2022 · signal: see also · quote attribution · 1 verbatim quote · confidence high
qualified 11 immunity shields government officials from civil damages liability unless the official violated a 12 statutory or constitutional right that was clearly established at the time of the challenged 13 conduct.
examined Cited as authority (verbatim quote) Guthrie v. Wetzel (2×) also: Cited as authority (quoted)
M.D. Penn. · 2022 · quote attribution · 2 verbatim quotes · confidence high
qualified immunity shields government officials from civil damages liability unless the official violated a statutory or constitutional right that was clearly established at the time of the challenged conduct.
discussed Cited as authority (verbatim quote) John Williams v. Jason Black
C.D. Cal. · 2020 · signal: see also · quote attribution · 1 verbatim quote · confidence high
eighth amendment liability requires actual awareness of risk.
examined Cited as authority (verbatim quote) Donahue v. City of Hazleton, PA (2×) also: Cited as authority (quoted)
M.D. Penn. · 2020 · quote attribution · 2 verbatim quotes · confidence high
qualified immunity shields government officials from civil damages liability unless the official violated a statutory or constitutional right that was clearly established at the time of the challenged conduct.
discussed Cited as authority (verbatim quote) D'Ambrosio v. Methuen, City of
D. Mass. · 2019 · quote attribution · 1 verbatim quote · confidence high
courts penalize officers for violating bright lines, not for making bad guesses in grey areas.
discussed Cited as authority (quoted) Keith Lamont Burley, Jr. v. Nicole Parra, et al.
W.D. Pa. · 2026 · quote attribution · 1 verbatim quote · confidence low
to impose liability on the individual defendants, plaintiffs must show that each one individually participated in the alleged constitutional violation or approved of it.
discussed Cited as authority (quoted) Keith Lamont Burley, Jr. v. CO Fritz, and McDUFFIE, SUPERINTENDENT/WARDEN
W.D. Pa. · 2026 · quote attribution · 1 verbatim quote · confidence low
to impose liability on the individual defendants, plaintiffs must show that each one individually participated in the alleged constitutional violation or approved of it.
discussed Cited as authority (quoted) CARDWELL v. ESTOCK
W.D. Pa. · 2025 · quote attribution · 1 verbatim quote · confidence low
to impose liability on the individual defendants, plaintiffs must show that each one individually participated in the alleged constitutional violation or approved of it.
discussed Cited as authority (quoted) MANLEY v. WETZEL
W.D. Pa. · 2025 · quote attribution · 1 verbatim quote · confidence low
to impose liability on the individual defendants, plaintiffs must show that each one individually participated in the alleged constitutional violation or approved of it.
discussed Cited as authority (quoted) WALKER v. United States
W.D. Pa. · 2025 · quote attribution · 1 verbatim quote · confidence low
to impose liability on the individual defendants, plaintiffs must show that each one individually participated in the alleged constitutional violation or approved of it.
discussed Cited as authority (quoted) BURLEY v. CO FRITZ
W.D. Pa. · 2024 · quote attribution · 1 verbatim quote · confidence low
to impose liability on the individual defendants, plaintiffs must show that each one individually participated in the alleged constitutional violation or approved of it.
discussed Cited as authority (quoted) JOHNSON v. HENRY
W.D. Pa. · 2024 · quote attribution · 1 verbatim quote · confidence low
to impose liability on the individual defendants, plaintiffs must show that each one individually participated in the alleged constitutional violation or approved of it.
discussed Cited as authority (quoted) BUXTON v. WETZEL
W.D. Pa. · 2024 · quote attribution · 1 verbatim quote · confidence low
to impose liability on the individual defendants, plaintiffs must show that each one individually participated in the alleged constitutional violation or approved of it.
examined Cited as authority (quoted) EL v. ATLANTIC CITY FREEHOLDERS/BOARD OF COMMISSIONERS (2×)
D.N.J. · 2023 · quote attribution · 2 verbatim quotes · confidence low
failure to' claims-failure to train, failure to discipline, or ... failure to supervise-are generally considered a subcategory of policy or practice liability.
discussed Cited as authority (quoted) ZUCAL v. COUNTY OF LEHIGH
E.D. Pa. · 2023 · quote attribution · 1 verbatim quote · confidence low
ny claim that supervisors directed others to violate constitutional rights necessarily includes as an element an actual violation at the hands of subordinates.
discussed Cited as authority (quoted) CONLEY v. MAGOON
W.D. Pa. · 2023 · quote attribution · 1 verbatim quote · confidence low
to impose liability on the individual defendants, plaintiffs must show that each one individually participated in the alleged constitutional violation or approved of it.
discussed Cited as authority (quoted) ZUCAL v. COUNTY OF LEHIGH
E.D. Pa. · 2023 · quote attribution · 1 verbatim quote · confidence low
ny claim that supervisors directed others to violate constitutional rights necessarily includes as an element an actual violation at the hands of subordinates.
discussed Cited as authority (quoted) LANKO v. WETZEL
W.D. Pa. · 2023 · quote attribution · 1 verbatim quote · confidence low
to impose liability on the individual defendants, plaintiffs must show that each one individually participated in the alleged constitutional violation or approved of it.
discussed Cited as authority (quoted) Wilson v. Lt. Kauffman
M.D. Penn. · 2023 · quote attribution · 1 verbatim quote · confidence low
to impose liability on the individual defendants, plaintiffs must show that each one individually participated in the alleged constitutional violation or approved of it.
examined Cited as authority (quoted) Bostic v. Pence (2×) also: Cited "see, e.g."
N.D. Ind. · 2023 · quote attribution · 1 verbatim quote · confidence low
the court in iqbal explained that the factors necessary to establish a 1983 violation depend upon the constitutional provision at issue, including the state of mind required to establish a violation of that provision.
discussed Cited as authority (quoted) SIDES v. FISCUS HEARING EXAMINER
W.D. Pa. · 2022 · quote attribution · 1 verbatim quote · confidence low
to impose liability on the individual defendants, plaintiffs must show that each one individually participated in the alleged constitutional violation or approved of it.
discussed Cited as authority (quoted) SHEARS v. LIEUTENANT HAGGERTY
W.D. Pa. · 2022 · quote attribution · 1 verbatim quote · confidence low
to impose liability on the individual defendants, plaintiffs must show that each one individually participated in the alleged constitutional violation or approved of it.
discussed Cited as authority (quoted) SLEDGE v. BOLT
W.D. Pa. · 2022 · quote attribution · 1 verbatim quote · confidence low
to impose liability on the individual defendants, plaintiffs must show that each one individually participated in the alleged constitutional violation or approved of it.
discussed Cited as authority (quoted) HAILEY v. WETZEL
W.D. Pa. · 2021 · quote attribution · 1 verbatim quote · confidence low
to impose liability on the individual defendants, plaintiffs must show that each one individually participated in the alleged constitutional violation or approved of it.
discussed Cited as authority (quoted) WALDRON v. WETZEL
W.D. Pa. · 2021 · quote attribution · 1 verbatim quote · confidence low
to impose liability on the individual defendants, plaintiffs must show that each one individually participated in the alleged constitutional violation or approved of it.
discussed Cited as authority (quoted) BAILEY v. WOOD
W.D. Pa. · 2021 · quote attribution · 1 verbatim quote · confidence low
to impose liability on the individual defendants, 6 plaintiffs must show that each one individually participated in the alleged constitutional violation or approved of it.
discussed Cited as authority (quoted) PREZIOSI v. NICHOLSON
W.D. Pa. · 2021 · quote attribution · 1 verbatim quote · confidence low
to impose liability on the individual defendants, plaintiffs must show that each one individually participated in the alleged constitutional violation or approved of it.
examined Cited as authority (quoted) Oakley v. Williams
D. Colo. · 2021 · quote attribution · 1 verbatim quote · confidence low
no decision of this court establishes a right to the proper implementation of adequate suicide prevention protocols. no decision of this court even discusses suicide screening or prevention protocols.
discussed Cited as authority (quoted) BAILEY v. WETZEL
W.D. Pa. · 2021 · quote attribution · 1 verbatim quote · confidence low
to impose liability on the individual defendants, plaintiffs must show that each one individually participated in the alleged constitutional violation or approved of it.
examined Cited as authority (quoted) Hector Santana v. Miami-Dade County (2×)
11th Cir. · 2017 · quote attribution · 2 verbatim quotes · confidence low
jjudicial precedent with materially identical facts is not essential for the law to be clearly established.
examined Cited as authority (quoted) Doe v. Town of Wayland (2×)
D. Mass. · 2016 · quote attribution · 2 verbatim quotes · confidence low
we do not require a case directly on point, but existing precedent must have placed the statutory or constitutional question beyond debate.
discussed Cited as authority (rule) Estate of Brandon Tranberg-Hoadley v. Martin-Leal
9th Cir. · 2026 · signal: cf. · confidence medium
See Cousins v. Lockyer, 568 F.3d 1063, 1070 (9th Cir. 2009) (explaining that “there is no § 1983 liability for violating prison policy” (citation modified)); cf. Taylor v. Barkes, 575 U.S. 822, 826 (2015) (per curiam) (explaining that there is no recognized “right to the proper implementation of adequate suicide prevention protocols”). 6 24-6832 suicide minutes after they placed him in his cell.
discussed Cited as authority (rule) Michael Wade Davison v. Edward C. Mooney
D. Alaska · 2026 · confidence medium
The right in question must be “sufficiently clear that every reasonable official would have understood that what he is doing violates that right.”17 In other words, a right is clearly established only if precedent “places the constitutional question beyond debate.”18 That usually requires “a case where an officer acting under similar circumstances . . . was held to have violated” the Constitution.19 And the case must “define the right with a high degree of specificity, so that every reasonable official would interpret it to establish the particular rule the plaintiff seeks to app…
discussed Cited as authority (rule) Actora Meconn Bankhead v. J. Ernest, J. Jackson, Brown
S.D. Ind. · 2026 · confidence medium
Put slightly differently, a right is clearly established only if "every reasonable official would have understood that what he is doing violates that right." Taylor v. Barkes, 575 U.S. 822, 825 (2015).
discussed Cited as authority (rule) Larry A. White v. Shane Jackson, Curtis Earley, Susan Duffy, Victoria Cloud, Ms. Watts, & SCDC
D.S.C. · 2026 · confidence medium
“When properly applied, [qualified immunity] protects all but the plainly incompetent or those who knowingly violate the law.” Taylor v. Barkes, 575 U.S. 822, 825 (2015) (per curiam) (alteration in original) (internal quotation marks omitted).
discussed Cited as authority (rule) Timothy Greenlee v. Frank Vanihel Wabash Valley Warden, in their individual capacities, et al.
S.D. Ind. · 2026 · confidence medium
Put slightly differently, a right is clearly established only if "every reasonable official would have understood that what he is doing violates that right." Taylor v. Barkes, 575 U.S. 822, 825 (2015).
discussed Cited as authority (rule) Danny L. Saintignon, Jr. v. Yarber Lt., Ivy Sgt.
S.D. Ind. · 2026 · confidence medium
Put slightly differently, a right is clearly established only if "every reasonable official would have understood that what he is doing violates that right." Taylor v. Barkes, 575 U.S. 822, 825 (2015).
discussed Cited as authority (rule) Joel Paez in his individual capacity and as the administrator for the Estate of Manuel Esteban Paez Teran, Belkis Teran v. Ryan Long, et al.
N.D. Ga. · 2026 · confidence medium
While “a case directly on point is not required" to establish that a right is clearly established, “‘existing precedent’ [must place] the ‘constitutional question beyond debate.’” Martinez v. City of Pembroke Pines, 648 F. Appx. 888, 894 (11th Cir. 2016) (quoting Taylor v. Barkes, 575 U.S. 822, 825 (2015)).
discussed Cited as authority (rule) Seth Whitaker Clabough as Executor of the Estate of Casey Howard Clabough v. Robert G. Jones, in his individual capacity, Robert W. Jones, in his individual capacity, Natasha Green, LPN, Nora Mansfield, LPN, and Southern Health Partners, Inc.
E.D.N.C. · 2026 · confidence medium
Defendants argue, “the 7 The court also notes that, in 2015, the Supreme Court addressed whether jail administrators were entitled to qualified immunity against the deliberate indifference claim of a pretrial detainee, who was on medication for mental health issues and had a history of suicide attempts, but who did not report current suicidal thoughts, for the administrators’ alleged failure to “properly implement adequate suicide prevention protocols.” Taylor v. Barkes, 575 U.S. 822, 826 (2015).
cited Cited as authority (rule) Crystal Bailey, et al. v. Hermitage School District, et al.
W.D. Pa. · 2026 · confidence medium
Mammaro, 814 F.3d at 169 (quoting Taylor v. Barkes, 575 U.S. 822, 826 (2015)).
discussed Cited as authority (rule) Robert Daniels v. Priti Mandalaywala; Todd Briglin v. Gerald Cahill
N.D.N.Y. · 2026 · confidence medium
“We do not require a case directly on point, but existing precedent must have placed the statutory or constitutional question beyond debate.” Taylor v. Barkes, 575 U.S. 822, 825 (2015) (quotation marks omitted).
examined Cited as authority (rule) Ashly Romero v. City of Lansing, Mich. (4×)
6th Cir. · 2026 · confidence medium
To deny qualified immunity, 1 See, e.g., Bond, 595 U.S. at 12–13 (summary reversal); Rivas-Villegas v. Cortesluna, 595 U.S. 1, 5–7 (2021) (per curiam) (summary reversal); Emmons, 586 U.S. at 43 (summary reversal); Kisela, 584 U.S. at 104 (summary reversal); Wesby, 583 U.S. at 63–65; White v. Pauly, 580 U.S. 73, 79–80 (2017) (per curiam) (summary reversal); Mullenix, 577 U.S. at 12 (summary reversal); Taylor v. Barkes, 575 U.S. 822, 825 (2015) (per curiam) (summary reversal); Sheehan, 575 U.S. at 611; Carroll v. Carman, 574 U.S. 13, 16–20 (2014) (per curiam) (summary reversal); Wood v…
discussed Cited as authority (rule) Fernando C. Griffith v. Heather Mills, Brenda Hinton
S.D. Ind. · 2026 · confidence medium
Put slightly differently, a right is clearly established only if "every reasonable official would have understood that what he is doing violates that right." Taylor v. Barkes, 575 U.S. 822, 825 (2015).
discussed Cited as authority (rule) Brian Keith Sherrell v. Maui Community Correctional Center, Department of Public Safety, Jillian Bermejo-Barrera
D. Haw. · 2026 · confidence medium
Whether Bermejo-Barrera Is Entitled to Qualified Immunity Bermejo-Barrera also argues that she is entitled to summary judgment on the grounds of qualified immunity. [Motion, Mem. in Supp. at 11-12.] The defense of qualified immunity shields government officials from liability for damages, Taylor v. Barkes, 575 U.S. 822, 825 (2015) (per curiam), but becomes relevant only if a court determines that a constitutional violation has occurred.
discussed Cited as authority (rule) Corey Rae Willis v. John “Bob” Faulkner, et al.
D. Nev. · 2026 · confidence medium
Further, because I find that Willis’s claim is barred because of qualified immunity, there is no basis for an award of punitive damages. 1 “To be clearly established, a right must be sufficiently clear that every reasonable official 2 would have understood that what he is doing violates that right.” Hamby v. Hammond, 821 F.3d 3 1085, 1090 (9th Cir. 2016) (quoting Taylor v. Barkes, 575 U.S. 822, 825 (2015)).
discussed Cited as authority (rule) Raymond Lee Gibbs v. Tricia Pretorius a/k/a Trishia Pretorius, Kayla Hall Prea Coordinator, Carrie Sipich, Katie McMahon
S.D. Ind. · 2026 · confidence medium
Put slightly differently, a right is clearly established only if "every reasonable official would have understood that what he is doing violates that right." Taylor v. Barkes, 575 U.S. 822, 825 (2015).
Retrieving the full opinion text from the archive…
Opinion [*2043] PER CURIAM.

Christopher Barkes, "a troubled man with a long history of mental health and substance abuse problems," was arrested on November 13, 2004, for violating his probation. Barkes v. First Correctional Medical, Inc., 766 F.3d 307 , 310-311 (C.A.3 2014). Barkes was taken to the Howard R. Young Correctional Institution in Wilmington, Delaware. As part of Barkes's intake, a nurse who worked for the contractor providing healthcare at the Institution conducted a medical evaluation. Id., at 311.

The evaluation included a mental health screening designed in part to assess whether an inmate was suicidal. The nurse employed a suicide screening form based on a model form developed by the National Commission on Correctional Health Care (NCCHC) in 1997. The form listed 17 suicide risk factors. If the inmate's responses and nurse's observations indicated that at least eight were present, or if certain serious risk factors were present, the nurse would notify a physician and initiate suicide prevention measures. Id., at 311, 313.

Barkes disclosed that he had a history of psychiatric treatment and was on medication. He also disclosed that he had attempted suicide in 2003, though not-as far as the record indicates-that he had also done so on three other occasions. And he indicated that he was not currently thinking about killing himself. Because only two risk factors were apparent, the nurse gave Barkes a "routine" referral to mental health services and did not initiate any special suicide prevention measures. Id., at 311.

Barkes was placed in a cell by himself. Despite what he had told the nurse, that evening he called his wife and told her that he "can't live this way anymore" and was going to kill himself. Barkes's wife did not inform anyone at the Institution of this call. The next morning, correctional officers observed Barkes awake and behaving normally at 10:45, 10:50, and 11:00 a.m. At 11:35 a.m., however, an officer arrived to deliver lunch and discovered that Barkes had hanged himself with a sheet. Id., at 311-312.

Barkes's wife and children, respondents here, brought suit under Rev. Stat. § 1979, 42 U.S.C. § 1983 , against various entities and individuals connected with the Institution, who they claimed had violated Barkes's civil rights in failing to prevent his suicide. At issue here is a claim against petitioners Stanley Taylor, Commissioner of the Delaware Department of Correction (DOC), and Raphael Williams, the Institution's warden. Although it is undisputed that neither petitioner had personally interacted with Barkes or knew of his condition before his death, respondents alleged that Taylor and Williams had violated Barkes's constitutional right to be free from cruel and unusual punishment. Barkes v. First Correctional Medical, Inc., 2008 WL 523216 , *7 (D.Del., Feb. 27, 2008). They did so, according to respondents, by failing to supervise and monitor the private contractor that provided the medical treatment-including the intake screening-at the Institution. Petitioners moved for summary judgment on the ground that they were entitled to qualified immunity, but the District Court denied the motion. Barkes v. First Correctional Medical, Inc., 2012 WL 2914915 , *8-*12 (D.Del., July 17, 2012).

A divided panel of the Court of Appeals for the Third Circuit affirmed. The majority first determined that respondents had alleged a cognizable theory of supervisory liability (a decision upon which we express no view). 766 F.3d, at 316-325 . The majority then turned to the two-step[*2044] qualified immunity inquiry, asking "first, whether the plaintiff suffered a deprivation of a constitutional or statutory right; and second, if so, whether that right was 'clearly established' at the time of the alleged misconduct." Id., at 326.

Taking these questions in reverse order, the Third Circuit held that it was clearly established at the time of Barkes's death that an incarcerated individual had an Eighth Amendment "right to the proper implementation of adequate suicide prevention protocols." Id., at 327. The panel majority then concluded there were material factual disputes about whether petitioners had violated this right by failing to adequately supervise the contractor providing medical services at the prison. There was evidence, the majority noted, that the medical contractor's suicide screening process did not comply with NCCHC's latest standards, as required by the contract. Those standards allegedly called for a revised screening form and for screening by a qualified mental health professional, not a nurse. There was also evidence that the contractor did not have access to Barkes's probation records (which would have shed light on his mental health history), and that the contractor had been short-staffing to increase profits. Id., at 330-331.

Judge Hardiman dissented. As relevant here, he concluded that petitioners were entitled to qualified immunity because the right on which the majority relied was "a departure from Eighth Amendment case law that had never been established before today." Id., at 345.

Taylor and Williams petitioned for certiorari. We grant the petition and reverse on the ground that there was no violation of clearly established law.

"Qualified immunity shields government officials from civil damages liability unless the official violated a statutory or constitutional right that was clearly established at the time of the challenged conduct." Reichle v. Howards, 566 U.S. ----, ----, 132 S.Ct. 2088 , 2093, 182 L.Ed.2d 985 (2012). "To be clearly established, a right must be sufficiently clear that every reasonable official would have understood that what he is doing violates that right." Ibid. (brackets and internal quotation marks omitted). "When properly applied, [qualified immunity] protects all but the plainly incompetent or those who knowingly violate the law." Ashcroft v. al-Kidd, 563 U.S. ----, ----, 131 S.Ct. 2074 , 2085, 179 L.Ed.2d 1149 (2011)(internal quotation marks omitted). "We do not require a case directly on point, but existing precedent must have placed the statutory or constitutional question beyond debate." Id., at ----, 131 S.Ct., at 2083 .

The Third Circuit concluded that the right at issue was best defined as "an incarcerated person's right to the proper implementation of adequate suicide prevention protocols." 766 F.3d, at 327 . This purported right, however, was not clearly established in November 2004 in a way that placed beyond debate the unconstitutionality of the Institution's procedures, as implemented by the medical contractor.

No decision of this Court establishes a right to the proper implementation of adequate suicide prevention protocols. No decision of this Court even discusses suicide screening or prevention protocols. And "to the extent that a 'robust consensus of cases of persuasive authority' " in the Courts of Appeals "could itself clearly establish the federal right respondent alleges," City and County of San Francisco v. Sheehan, 575 U.S. ----, ----, 135 S.Ct. 1765 , 1779, --- L.Ed.2d ---- (2015), the weight of that authority at the time of Barkes's death suggested that such a right did not exist. See, e.g., Comstock v.

[*2045] McCrary, 273 F.3d 693 , 702 (C.A.6 2001)("the right to medical care for serious medical needs does not encompass the right to be screened correctly for suicidal tendencies" (internal quotation marks omitted)); Tittle v. Jefferson Cty. Comm'n, 10 F.3d 1535 , 1540 (C.A.11 1994)(alleged "weaknesses in the [suicide] screening process, the training of deputies[,] and the supervision of prisoners" did not "amount to a showing of deliberate indifference toward the rights of prisoners"); Burns v. Galveston, 905 F.2d 100 , 104 (C.A.5 1990)(rejecting the proposition that "the right of detainees to adequate medical care includes an absolute right to psychological screening"); Belcher v. Oliver, 898 F.2d 32 , 34-35 (C.A.4 1990)("The general right of pretrial detainees to receive basic medical care does not place upon jail officials the responsibility to screen every detainee for suicidal tendencies.").

The Third Circuit nonetheless found this right clearly established by two of its own decisions, both stemming from the same case. Assuming for the sake of argument that a right can be "clearly established" by circuit precedent despite disagreement in the courts of appeals, neither of the Third Circuit decisions relied upon clearly established the right at issue. The first, Colburn I, said that if officials "know or should know of the particular vulnerability to suicide of an inmate," they have an obligation "not to act with reckless indifference to that vulnerability." Colburn v. Upper Darby Twp., 838 F.2d 663 , 669 (1988). The decision did not say, however, that detention facilities must implement procedures to identify such vulnerable inmates, let alone specify what procedures would suffice. And the Third Circuit later acknowledged that Colburn I 's use of the phrase "or should know"-which might seem to nod toward a screening requirement of some kind-was erroneous in light of Farmer v. Brennan, 511 U.S. 825 , 114 S.Ct. 1970 , 128 L.Ed.2d 811 (1994), which held that Eighth Amendment liability requires actual awareness of risk. See Serafin v. Johnstown, 53 Fed.Appx. 211 , 213 (C.A.3 2002).

Nor would Colburn II have put petitioners on notice of any possible constitutional violation. Colburn II reiterated that officials who know of an inmate's particular vulnerability to suicide must not be recklessly indifferent to that vulnerability. Colburn v. Upper Darby Twp., 946 F.2d 1017 , 1023 (1991). But it did not identify any minimum screening procedures or prevention protocols that facilities must use. In fact, Colburn II revealed that the booking process of the jail at issue "include[d] no formal physical or mental health screening," ibid., and yet the Third Circuit ruled for the defendants on all claims, see id., at 1025-1031.

In short, even if the Institution's suicide screening and prevention measures contained the shortcomings that respondents allege, no precedent on the books in November 2004 would have made clear to petitioners that they were overseeing a system that violated the Constitution. Because, at the very least, petitioners were not contravening clearly established law, they are entitled to qualified immunity. The judgment of the Third Circuit is reversed.

It is so ordered.