To deny qualified immunity, a court must define the clearly established right with specificity rather than stating a general principle of law.
After responding to a domestic violence call, a police officer forcibly took down and handcuffed a man who attempted to brush past him while exiting an apartment. The plaintiff sued for excessive force in violation of the Fourth Amendment. The court addressed whether the officer was entitled to qualified immunity. Applying the principle that qualified immunity attaches when an official's conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known, the court held that the right must be defined with specificity. Because the appellate court defined the right at a high level of generality, the court reversed and vacated the judgment.
139 S. Ct. at 503 Defining clearly established rights with specificity for qualified immunity389 citing cases“the clearly established right must be defined with specificity.”
- Bhandari v. Nat'l City, No. 3:21-cv-01652 (S.D. Cal. May 2, 2022). See Deorle 22 v. Rutherford, 272 F.3d 1272, 1274-75 (9th Cir. 2001) (law may be clearly 23 established "notwithstanding the absence of direct precedent … otherwise, officers 24 would escape responsibility for the most egregious forms of co…
- Kansas Motorcycle Works USA, LLC v. McCloud, 569 F. Supp. 3d 1112 (D. Kan. 2021).published (recognizing it is an open question whether circuit-level precedent “may constitute clearly established law for purposes of qualified immunity)
- Tricoci v. Vidljinovic, No. 1:22-cv-02060 (N.D. Ill. Mar. 13, 2025). See City of Escondido, 586 U.S. at 42 (“[T]he clearly established right must be defined with specificity.”). 3 The Court notes that it does not believe that the Defendant Officers are being dishonest by representing that a warrant or court…
- Corey Fallen v. Thomas McEnroe, No. 23-2312, 2025 WL 32816 (3d Cir. Jan. 6, 2025).unpublishedSee City of Escondido v. Emmons, 586 U.S. 38, 42 (2019) (“[T]he clearly established right must be defined with specificity.”); District of Columbia v. Wesby, 583 U.S. 48, 63 (2018) (“To be clearly established, a legal principle must have a…
- Soukaneh v. Andrzejewski, 112 F.4th 107 (2d Cir. 2024).publishedThus, “[f]or a right to be clearly established for purposes of qualified immunity, it is sufficient if decisions of the Supreme Court or of the appropriate circuit have defined the contours of the right with reasonable specificity.” Tellie…
- Kurland v. City of Providence, No. 1:18-cv-00440 (D.R.I. Jan. 8, 2024).(Under our cases, the clearly established right must be defined with specificity.)
- Ames v. Tempe, City of, No. 2:20-cv-02102 (D. Ariz. Mar. 29, 2023).(Use of excessive force is an area of the law in which the result 17 depends very much on the facts of each case, and thus police officers are entitled to 18 qualified immunity unless existing precedent squarely governs…)
- Stefanov v. Mcintyre, No. 1:21-cv-00976 (S.D. Ind. Feb. 14, 2023).([A] clearly established right must be defined with specificity. [The Supreme Court] has repeatedly told courts...not to define clearly established law at a high level of generality.)
- Conquistador v. Cook, No. 3:19-cv-01471 (D. Conn. Dec. 20, 2022).(Under our cases, the clearly established right must be defined with specificity. ‘This Court has repeatedly told courts . . . not to define clearly established law at a low level of generality.’)
- Conquistador v. Syed, No. 3:19-cv-01450 (D. Conn. Dec. 20, 2022).(Under our cases, the clearly established right must be defined with specificity. ‘This Court has repeatedly told courts … not to define clearly established law at a low level of generality.’)
Show 203 more citing cases
- Titus Henderson v. Cathy Jess, No. 21-1585, 2022 WL 1831133 (7th Cir. June 3, 2022).unpublished([T]he clearly established right must be defined with specificity.)
- Cosme v. Faucher, No. 3:21-cv-01341 (D. Conn. May 10, 2022).(Under our cases, the clearly established right must be defined with specificity. ‘This Court has repeatedly told courts … not to define clearly established law at a high level of generality.’)
- Borondy v. Draher, No. 1:20-cv-02158 (S.D. Ind. Jan. 10, 2022).([A] clearly established right must be defined with specificity. [The Supreme Court] has repeatedly told courts…not to define clearly established law at a high level of generality.)
- Stults v. Davis, No. 5:20-cv-00021 (N.D. Ala. Dec. 10, 2021). (Use of excessive force is an area of the law in which the result depends very much on the facts of each case, and thus police officers are entitled to qualified immunity unless existing precedent squarely governs the s…)
- Peter Klassen v. Gaines Cnty., Texas, & Gaines Cnty. Deputy Sheriffs Ken Ketron & Clint Low, No. 11-19-00266-CV (Tex. App.—Eastland July 15, 2021).published(The Court of Appeals should have asked whether clearly 9 established law prohibited the officers from stopping and taking down a man in these circumstances[,] [i]nstead [of] saying only that the ‘right to be free of ex…)
- Hardiman v. Chief, No. 1:18-cv-00348 (S.D. Ind. June 11, 2021).(assuming without deciding that a court of appeals decision may constitute clearly established law for purposes of qualified immunity)
- Blair Hays v. J. Gastelo, No. 2:20-cv-02764 (C.D. Cal. May 4, 2021).([T]he clearly established right must be 4|| defined with specificity.)
- Art Tobias v. Michael Arteaga, 996 F.3d 571 (9th Cir. 2021).published(The plaintiff bears the burden of proof that the right allegedly violated was clearly established at the time of the alleged misconduct.)
- Johnson, Fabian v. Goff, Daniel, No. 3:19-cv-00543 (W.D. Wis. Jan. 5, 2021).([T]he clearly established right must be defined with specificity.)
- Alfredo Valencia v. Cory Davis, 836 F. App'x 292 (5th Cir. 2020).unpublished(The Court of Appeals should have asked whether clearly established law prohibited the officers from stopping and taking down a man in these circumstances[,] [i]nstead [of] saying only that the ‘right to be free of exce…)
- Burns v. Rekeweg, No. 1:18-cv-00160 (N.D. Ind. Dec. 2, 2020).(Assuming without deciding that a court of appeals decision may constitute clearly established law for purposes of qualified immunity. . . .)
- Tan Lam v. City of Los Banos, 976 F.3d 986 (9th Cir. 2020).published (Under our precedents, the [Ninth Circuit’s] formulation of the clearly established right was far too general.)
- Martin v. Wheeler, No. 3:19-cv-06002 (W.D. Wash. Sept. 15, 2020).(the clearly 12 established right must be defined with specificity.)
- Radwan v. Univ. of Connecticut Bd. of Trs., 465 F. Supp. 3d 75 (D. Conn. 2020).published ([T]he clearly established right must be defined with specificity.)
- Coleman, Sidney v. Wisconsin Dep't of Corr., No. 3:18-cv-00673 (W.D. Wis. Apr. 20, 2020).([T]he clearly established right must be defined with specificity.)
- Art Tobias v. Daniel East, 803 F. App'x 93 (9th Cir. 2020).unpublished(An officer cannot be said to have violated a clearly established right unless the right’s contours were sufficiently definite that any reasonable official in the defendant’s shoes would have understood that he was viol…)
- Dangerfield, Alphoncy v. Ewing, No. 3:18-cv-00737, 2020 WL 94758 (W.D. Wis. Jan. 8, 2020).([T]he clearly established right must be defined with specificity.)
- Johnson v. King, No. 3:18-cv-01475 (D. Conn. Dec. 12, 2019).(Under our cases, the clearly established right must be defined with specificity. ‘This Court has repeatedly told courts … not to define clearly established law at a low level of generality.’)
- Lee, Keith v. Ewing, David, No. 3:18-cv-00370, 2019 WL 4737057 (W.D. Wis. Sept. 27, 2019).([T]he clearly established right must be defined with specificity.)
- Warr v. Liberatore, No. 6:13-cv-06508 (W.D.N.Y. Aug. 29, 2019).([q]ualified immunity attaches when an official’s conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known)
- Jain v. Butler Illinois Sch. Dist. 53, No. 1:17-cv-00002 (N.D. Ill. Mar. 12, 2019). (This Court has repeatedly told courts not to define clearly established law at a high level of generality.)
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- Barker v. Gaylor, No. 2:20-cv-00357 (S.D. W. Va. Aug. 2, 2021).
- Gillespie v. Utah Dep't of Corr., No. 2:23-cv-00221 (D. Utah Mar. 31, 2025).
- Clarissa Gilmore v. Georgia Dep't of Corr., No. 23-10343 (11th Cir. July 11, 2025).published
- Esquivil, No. 1:21-cv-01025 (E.D. Cal. Sept. 29, 2025).
- Pray, No. 6:23-cv-01231 (D. Kan. Dec. 17, 2025).
- Burgess, No. 9:25-cv-80494 (S.D. Fla. Jan. 13, 2026).
- Dedeke, No. 5:22-cv-03132 (D. Kan. Mar. 31, 2026).
- Benitez, No. 6:25-cv-01122 (D. Kan. May 13, 2026).
- Southward, No. 3:25-cv-01157 (N.D. Ala. July 16, 2026).
- Morgan v. Freshour, No. 6:17-cv-00004 (S.D. Tex. Sept. 20, 2022).
- Salgado v. Smith, No. 24-2068 (10th Cir. July 8, 2025).unpublished
- Melissa Aguero Ramirez v. Pharr San Juan Alamo Indep. Sch. Dist., Alejandro Elias & Carlos Villegas, No. 7:24-cv-00505 (S.D. Tex. Mar. 30, 2026).
586 U.S. at 42 Defining clearly established rights with specificity in Fourth Amendment97 citing cases[T]he clearly established right must be defined with specificity.
- Simmons, No. 3:25-cv-00345 (S.D. W. Va. Aug. 3, 2026).([T]he Court has regularly insisted on highly particularized law in the Fourth Amendment context[.])
- Burgh, No. 3:25-cv-00490 (S.D. W. Va. Mar. 30, 2026).([T]he Court has regularly insisted on highly particularized law in the Fourth Amendment context[.])
- Tricoci v. Vidljinovic, No. 1:22-cv-02060 (N.D. Ill. Mar. 13, 2025). ([T]he clearly established right must be defined with specificity.)
- Corey Fallen v. Thomas McEnroe, No. 23-2312, 2025 WL 32816 (3d Cir. Jan. 6, 2025).unpublished([T]he clearly established right must be defined with specificity.)
- Soukaneh v. Andrzejewski, 112 F.4th 107 (2d Cir. 2024).published([T]he clearly established right must be defined with specificity.)
- Fredrickson, No. 3:25-cv-00820 (N.D. Tex. Sept. 24, 2026).The Court therefore declines to address the third objection and OVERRULES it as moot. * * * 13 Doc. 63 at 23 (citing City of Escondido v. Emmons, 586 U.S. 38, 42 (2019) (per curiam) (cleaned up)). 14 Id. at 24-25. 15 Doc. 64 at 8-13. 16 Do…
- Brooks, No. 2:24-cv-01276 (D.N.M. Sept. 22, 2026).City of Escondido v. Emmons, 586 U.S. 38, 42 (2019) (quoting Kisela v. Hughes, 584 U.S. 100, 104 (2018)).
- Gonzalez-Lopez, No. 3:23-cv-01278 (D.P.R. Sept. 14, 2026).In the Fourth Amendment context, the “[s]pecificity” of the rule set forth in such precedent “is especially important,” because it can be “difficult for an officer to determine how the relevant legal doctrine,” such as excessive force, “wi…
- JOHN WILCOX v. ALISHA TAFOYA LUCERO, Sec'y of Corr., et al., No. 1:23-cv-01165 (D.N.M. Sept. 11, 2026).Nov. 25, 2024) (quoting City of Escondido v. Emmons, 586 U.S. 38, 42 (2019)).
- Joshua M. Hubbert v. Kenny Brinley, No. 24-13756 (11th Cir. Sept. 3, 2026).unpublishedClearly established rights cannot be defined “at a high level of generality.” City of Escondido, Cal. v. Emmons, 586 U.S. 38, 42 (2019).
Show 77 more citing cases
- Flores v. Henderson, 101 F.4th 1185 (10th Cir. 2024).published
- Cruz v. City of Deming, No. 2:22-cv-00957 (D.N.M. May 20, 2024).
- Marta v. City of Las Cruces, No. 2:23-cv-00192 (D.N.M. May 23, 2024).
- Daniel Irish v. Keith McNamara, 108 F.4th 715 (8th Cir. 2024).published
- Steven Hyer v. City & Cnty. of Honolulu, 118 F.4th 1044 (9th Cir. 2024).published
- Amanda Rakes v. Jonathan Roederer, 117 F.4th 968 (7th Cir. 2024).published
- Amanda Rakes v. Jonathan Roederer, No. 23-1816 (7th Cir. Sept. 26, 2024).published
- Legree v. Waterbury, No. 3:22-cv-00659 (D. Conn. Aug. 28, 2024).
- Blanchard v. Hyatte, No. 3:21-cv-00160 (N.D. Ind. Sept. 4, 2024).
- Kennedy v. Rowe, No. 5:23-cv-00264 (E.D.N.C. May 24, 2024).
- S.Y. v. Sampson Cnty. Bd. of Educ., No. 7:24-cv-00471 (E.D.N.C. Oct. 31, 2024).
- Edmisten v. Pickens, No. 3:22-cv-00439 (D. Nev. Sept. 17, 2024).
- Ware v. Sullivan, No. 3:22-cv-00037 (D. Nev. Sept. 20, 2024).
- Allen v. Lo, No. 3:23-cv-01148 (M.D. Tenn. Sept. 27, 2024).
- Funabiki v. Cnty. of Whitman, No. 2:21-cv-00089 (E.D. Wash. Oct. 5, 2024).
- Harris, Richard v. Geise, No. 3:22-cv-00387 (W.D. Wis. May 9, 2024).
- Lancour, Shane v. Verse, Jim, No. 3:20-cv-00726 (W.D. Wis. June 26, 2024).
- Page, Emmanuel v. Bryant, Clinton, No. 3:23-cv-00017 (W.D. Wis. June 26, 2024).
- Stinson v. McGinnis, No. 3:23-cv-00810, 2024 WL 4152703 (N.D. Tex. Aug. 16, 2024).
- Parker v. Inc. Vill. of Freeport, No. 2:19-cv-06945 (E.D.N.Y. Aug. 15, 2024).
- Momoh v. J. Carrasco, No. 2:23-cv-00148 (S.D. Tex. Sept. 13, 2024).
- Crowley v. Tran, No. 3:24-cv-00833 (N.D.N.Y. Dec. 20, 2024).
- Thompson v. City of Dallas, No. 3:23-cv-02056 (N.D. Tex. Sept. 24, 2024).
- Sullivan v. Dallas Cnty. Sheriff's Dep't, No. 3:22-cv-01162 (N.D. Tex. Oct. 7, 2024).
- Fletcher v. Coleman, No. 2:24-cv-00129 (W.D. Wash. Oct. 8, 2024).
- Figueroa v. Gill, No. 2:22-cv-00477 (D. Nev. Dec. 20, 2024).
- Klein v. Mele, No. 2:19-cv-00484 (N.D. Ind. Jan. 2, 2025).
- William Manery v. Jason Lee, 124 F.4th 1073 (7th Cir. 2025).published
- John Sabo v. Megan Erickson, 128 F.4th 836 (7th Cir. 2025).published
- Cariveau v. Callwood, No. 3:24-cv-00029 (D.V.I. Jan. 31, 2025).
- Morningstar v. Aguilera, No. 1:22-cv-00273 (N.D. Ind. Feb. 20, 2025).
- Morris v. Mitchell, No. 3:23-cv-00042 (D. Nev. Mar. 6, 2025).
- Castro v. Debias, No. 3:23-cv-00342 (M.D. Pa. Mar. 12, 2025).
- Sernoffsky v. Novak, 773 F. Supp. 3d 988 (S.D. Cal. 2025).published
- Pleasant v. State of Washington, No. 2:23-cv-00246 (E.D. Wash. Mar. 31, 2025).
- Alexander v. Lopez, No. 2:24-cv-00618 (D.N.M. Apr. 15, 2025).
- Seltzer v. South Manheim Twp., No. 3:24-cv-01142 (M.D. Pa. Apr. 17, 2025).
- Benbow v. Feely, No. 1:17-cv-06457 (E.D.N.Y. Apr. 25, 2025).
- Alexander v. Lopez, No. 2:24-cv-00618 (D.N.M. May 21, 2025).
- Est. of Daniel Hernandez v. City of Los Angeles, 139 F.4th 790 (9th Cir. 2025).published
- Sanchez v. Gallagher, No. 2:25-cv-00226, 2025 WL 1642970 (D.N.M. June 10, 2025).
- Hansing v. Utah Dep't of Nat. Resources, No. 2:24-cv-00480 (D. Utah June 13, 2025).
- Markey v. Curtin, No. 2:22-cv-04307 (E.D. Pa. June 24, 2025).
- Blake v. Dzurenda, No. 3:19-cv-00321 (D. Nev. July 29, 2025).
- Davis v. Rinaldi, No. 3:19-cv-00504 (D. Conn. Aug. 19, 2025).
- Scott v. City of Tacoma, No. 3:24-cv-05066 (W.D. Wash. Sept. 5, 2025).
- Fabiszak v. The Town of Cedar Lake, Indiana, No. 2:23-cv-00234 (N.D. Ind. Sept. 9, 2025).
- Duncan v. City of Paterson, No. 2:20-cv-08471 (D.N.J. Sept. 10, 2025).
- Avens v. Dixon, No. 4:24-cv-00051 (E.D.N.C. Sept. 25, 2025).
- Tice v. PSP Trooper Tyler Prisk, No. 4:23-cv-00823 (M.D. Pa. Sept. 29, 2025).
- Hutchins, No. 5:24-cv-00852 (W.D. Okla. Nov. 7, 2025).
- Matusak v. Daminski, 165 F.4th 702 (2d Cir. 2026).published
- Gellos, No. 2:24-cv-01529 (D. Ariz. Jan. 30, 2026).
- Ashly Romero v. City of Lansing, Mich., No. 24-1865 (6th Cir. Feb. 12, 2026).published
- Brandon Case v. Officer Beasley, 167 F.4th 651 (4th Cir. 2026).published
- Lipkin, No. 3:23-cv-00127 (D. Conn. Mar. 31, 2026).
- Vialet, No. 1:24-cv-02551 (D. Md. Mar. 11, 2026).
- Gladu, No. 1:22-cv-00134 (D. Me. Apr. 15, 2026).
- Cory Driscoll v. Montgomery Cnty. Bd. of Comm'rs, No. 24-4060 (6th Cir. Apr. 23, 2026).published
- Martin, No. 1:25-cv-00344 (M.D.N.C. May 12, 2026).
- Benyoun, No. 2:24-cv-00051 (N.D. Ind. Apr. 23, 2026).
- Christopher Lockhart v. Siloam Springs, Arkansas, No. 24-3325 (8th Cir. June 10, 2026).published
- Kelvin Nolen v. Steven Ford, No. 25-1370 (6th Cir. June 18, 2026).unpublished
- Nipper, No. 1:24-cv-00239 (E.D. Mo. June 22, 2026).
- Caine, No. 2:24-cv-00822 (E.D. Wis. June 29, 2026).
- Cassiopia Rhoads v. Erik Riddell, No. 25-1860 (4th Cir. July 2, 2026).published
- Wehking, No. 5:24-cv-00042 (E.D. Ky. July 16, 2026).
- Burris, No. 5:24-cv-00539 (W.D. Okla. July 17, 2026).
- Drake, No. 2:24-cv-00249 (E.D. Wis. Aug. 4, 2026).
- Godbey, No. 5:25-cv-04619 (E.D. Pa. Aug. 7, 2026).
- Est. of Wilford Deweese v. Hancock, No. 25-1161 (10th Cir. Aug. 19, 2026).published
- Germany, No. 1:25-cv-01746 (D. Colo. Aug. 20, 2026).
- Walker, No. 2:24-cv-00472 (E.D. Wis. Aug. 21, 2026).
- Brown, No. 3:24-cv-00212 (D. Nev. July 30, 2026).
- Fogleman-Laxey v. Guillory, No. 25-30132 (5th Cir. Aug. 24, 2026).published
- Chung, No. 4:25-cv-03015 (S.D. Tex. Aug. 24, 2026).
- Steven Williams v. The City of New York, Jose Rodriguez, Neon Chowdhury, Alex Almontepichardo, Joseph Rinaldo, Daniel Liberatore, Jose Gomera, Michael Marrone, & Anthony Rivera, No. 1:24-cv-00806 (S.D.N.Y. Aug. 4, 2026).
139 S. Ct. at 504 Establishing precedent for qualified immunity defense51 citing cases[W]e have stressed 1 violated the Fourth Amendment. . . . While there does not have to be a case directly on point, 2 existing precedent must place the lawfulness of the particular [action] beyond debate.
- Davis v. City of Rochester, No. 6:14-cv-06562 (W.D.N.Y. Oct. 12, 2022).([W]e have stressed the need to identify a case where an officer acting under similar circumstances was held to have violated the Fourth Amendment)
- Banks v. Mortimer, 620 F. Supp. 3d 902 (N.D. Cal. 2022).published([W]e have stressed 1 violated the Fourth Amendment. . . . While there does not have to be a case directly on point, 2 existing precedent must place the lawfulness of the particular [action] beyond debate.)
- Stults v. Davis, No. 5:20-cv-00021 (N.D. Ala. Dec. 10, 2021). See id. at 503-04 (“Use of excessive force is an area of the law in which the result depends very much on the facts of each case, and thus police officers are entitled to qualified immunity unless existing precedent squarely governs the sp…
- Frakes v. Ne. Illinois R.R. Corp., No. 1:18-cv-05390 (N.D. Ill. Nov. 29, 2021).(While there does not have to be a case directly on point, existing precedent must place the lawfulness of the particular action beyond debate.)
- Dew v. City of Seaside, No. 4:19-cv-06009 (N.D. Cal. Mar. 5, 2021).([W]e have stressed 1 violated the Fourth Amendment. . . . While there does not have to be a case directly on point, 2 existing precedent must place the lawfulness of the particular [action] beyond debate.)
- Sanchez v. Cook, No. 1:18-cv-01034 (D. Colo. Oct. 29, 2019).(bald allegations cannot preclude summary judgment)
- Jain v. Butler Illinois Sch. Dist. 53, No. 1:17-cv-00002 (N.D. Ill. Mar. 12, 2019). “Qualified immunity cannot be defeated simply by ‘alleging a violation of extremely abstract rights.’” Id. (brackets omitted) (quoting White v. Pauly, --- U.S. ----, 137 S. Ct. 548, 552 (2017)); see also City of Escondido v. Emmons, --- U.…
- Jain v. Bd. Of Educ. Of Butler Sch. Dist. 53, 366 F. Supp. 3d 1014 (E.D. Ill. 2019).published (While there does not have to be a case directly on point, existing precedent must place the lawfulness of the particular action beyond debate.)
- William Bernal v. Sacramento Cnty. Sheriff's Dep't, 73 F.4th 678 (9th Cir. 2023).published
- Melanie Kelsay v. Matt Ernst, 933 F.3d 975 (8th Cir. 2019).published
Show 41 more citing cases
- Maritza Amador v. Bexar Cnty., 952 F.3d 624 (5th Cir. 2020).published
- Ronald Graves v. Dale Malone, 810 F. App'x 414 (6th Cir. 2020).unpublished
- Maritza Amador v. Bexar Cnty., No. 17-51001 (5th Cir. June 4, 2020).published
- Juan Shelton v. Brian Stevens, 964 F.3d 747 (8th Cir. 2020).published
- Fagre v. Parks, 985 F.3d 16 (1st Cir. 2021).published
- Bushrod v. Dist. of Columbia, 521 F. Supp. 3d 1 (D.D.C. 2021).published
- Patrick Russell v. Jocelyn Lumitap, 31 F.4th 729 (9th Cir. 2022).published
- Marco Amaral v. City of San Diego, No. 21-55420 (9th Cir. May 26, 2022).unpublished
- Preston Seidner v. Jonathan De Vries, 39 F.4th 591 (9th Cir. 2022).published
- Swartz v. Sylvester, 53 F.4th 693 (1st Cir. 2022).published
- Renee Armenta v. City of Goodyear, No. 22-15965 (9th Cir. July 19, 2023).unpublished
- Turpin v. Dist. of Columbia, No. 2022-1807 (D.D.C. Mar. 27, 2024).published
- Armenta v. Goodyear, City of, No. 2:19-cv-05186 (D. Ariz. June 14, 2022).
- Dickerson v. Samson, No. 2:17-cv-01927 (E.D. Cal. Nov. 30, 2020).
- Perkins v. City of Modesto, No. 1:19-cv-00126, 2022 WL 297101 (E.D. Cal. Feb. 1, 2022).
- (PC) Hardney v. Warren, No. 2:16-cv-00172 (E.D. Cal. Dec. 5, 2022).
- Dew v. City of Seaside, No. 4:19-cv-06009 (N.D. Cal. May 4, 2021).
- Ballesteros v. Stek, No. 3:20-cv-06207 (N.D. Cal. Dec. 28, 2021).
- Cordova v. Lake Cnty., No. 4:18-cv-00367 (N.D. Cal. Mar. 29, 2024).
- Sena v. Benjamin, No. 1:18-cv-02837 (D. Colo. July 19, 2019).
- Moses v. Lamb, No. 1:20-cv-01603 (D. Colo. Nov. 4, 2020).
- Moses v. Lamb, No. 1:20-cv-01603 (D. Colo. Jan. 22, 2021).
- Sanchez v. City of Littleton, No. 1:19-cv-01871 (D. Colo. July 29, 2022).
- Gysan v. Francisko, No. 1:16-cv-08254 (N.D. Ill. Feb. 14, 2019).
- Mendoza v. Herrera, No. 1:17-cv-03144 (N.D. Ill. July 14, 2020).
- Stark v. Rutheford, 442 F. Supp. 3d 1084 (S.D. Ind. 2020).published
- Lachance v. Town of Charlton, No. 4:17-cv-10480 (D. Mass. Mar. 21, 2019).
- Taylor v. Town of Falmouth, No. 1:17-cv-11443 (D. Mass. June 6, 2019).
- Bumps v. Trasavage, No. 1:18-cv-11839 (D. Mass. Mar. 6, 2020).
- Swartz v. Sylvester, 546 F. Supp. 3d 37 (D. Mass. 2021).published
- Merrill v. State of Maine, No. 2:19-cv-00391 (D. Me. Nov. 25, 2020).
- Franklin v. State of Nevada, No. 3:18-cv-00522 (D. Nev. Jan. 9, 2023).
- Doe v. Haas, 427 F. Supp. 3d 336 (E.D.N.Y. 2019).published
- Bradley v. Rochester Police Dep't, No. 6:18-cv-06823 (W.D.N.Y. Aug. 17, 2021).
- Senn v. Smith, No. 3:18-cv-01814 (D. Or. Mar. 19, 2021).
- Nordenstrom v. Corizon Health, Inc., No. 3:18-cv-01754 (D. Or. June 18, 2021).
- Rollins v. McMinnville Sch. Dist. 040, No. 3:20-cv-00900 (D. Or. Nov. 27, 2021).
- Goon v. Coleman, No. 2:18-cv-01445 (W.D. Wash. Jan. 21, 2020).
- Sims v. City of Seattle, No. 2:22-cv-00483 (W.D. Wash. July 31, 2023).
- Edmisten v. Pickens, No. 3:22-cv-00439 (D. Nev. Mar. 25, 2024).
- Gregory Lambert, as Adm'r of the Est. of Harrison Lambert v. Town of Merrimack, et al., 2019 DNH 053 (D.N.H. 2018).published
586 U.S. at 43 Defining clearly established constitutional rights for Fourth Amendment claims32 citing casesOnly controlling precedent in the relevant jurisdiction can place a constitutional question beyond debate.
- Roderick Johnson v. City of Reading, et al., No. 5:21-cv-04860 (E.D. Pa. Dec. 12, 2025).(Only controlling precedent in the relevant jurisdiction can place a constitutional question beyond debate.)
- Lux, No. 2:23-cv-00786 (E.D. Wis. Sept. 28, 2026).Id. (citing Escondido v. Emmons, 586 U.S. 38, 43 (2019)).
- Gonzalez, No. 1:24-cv-03859 (S.D.N.Y. Sept. 28, 2026).Rather, courts generally must identify precedent involving “an officer acting under similar circumstances,” and “[t]he relevant precedent must define the right with a ‘high degree of specificity.’” Zorn, 607 U.S. at 572 (first quoting Esco…
- Condlin, No. 7:25-cv-00100 (S.D.N.Y. Sept. 27, 2026).“To find that a right is clearly established, courts generally ‘need to identify a case where an officer acting under similar circumstances . . . was held to have violated’ the Constitution.” Zorn, 607 U.S. at 572 (quoting Escondido v. Emm…
- Greeley, No. 1:25-cv-00261 (D.N.H. Sept. 18, 2026).In other words, it “is important to emphasize that this inquiry must be undertaken in light of the specific context of the case, not as a broad general proposition.” Brosseau v. Haugen, 543 U.S. 194, 198 (2004) (quotations omitted). “[T]o…
- Batista-Perez, No. 7:24-cv-01286 (S.D.N.Y. Sept. 1, 2026).The contours of a right are sufficiently clear if there is a case in which “‘an officer acting under similar circumstances . . . was held to have violated’ the Constitution.” Zorn v. Linton, 146 S. Ct. 926 , 930 (2026) (per curiam) (quotin…
- Parker v. Inc. Vill. of Freeport, No. 2:19-cv-06945 (E.D.N.Y. Aug. 15, 2024).
- Ashly Romero v. City of Lansing, Mich., No. 24-1865 (6th Cir. Feb. 12, 2026).published
- Cristi Campbell v. April Riahi, 109 F.4th 854 (6th Cir. 2024).published
- Prophete v. N.Y.C. Dep't of Homeless Servs., No. 1:19-cv-03466 (E.D.N.Y. Aug. 5, 2024).
Show 21 more citing cases
- Smith v. Town of Chino Valley, No. 23-2142 (9th Cir. Mar. 14, 2025).unpublished
- Est. of Renardo Green v. City of Annapolis (MD), No. 1:24-cv-01351 (D. Md. Apr. 7, 2025).
- Scott v. Sisolak, No. 2:22-cv-01801 (D. Nev. Aug. 14, 2025).
- Fricks v. Prine, No. 3:22-cv-50410 (N.D. Ill. Sept. 29, 2025).
- Schmitz, No. 3:24-cv-01603 (D. Or. Nov. 24, 2025).
- Zorn v. Linton, No. 25-297, 2026 WL 795469 (U.S. Mar. 23, 2026).published
- Gans v. Ahmed, No. 2025-0106 (D.D.C. Apr. 9, 2026).published
- Doe, No. 3:16-cv-01934 (D. Conn. Apr. 22, 2026).
- Evans, No. 6:23-cv-01210 (N.D.N.Y. Mar. 31, 2026).
- Fuhr v. City of Seattle, 175 F.4th 1081 (9th Cir. 2026).published
- Marcus Ingram v. Israel Hamilton, No. 25-6634 (4th Cir. June 24, 2026).published
- Tequila Smith & Coretta Van Dyke v. Precious Dunn & City of Chicago, No. 1:23-cv-03764 (N.D. Ill. June 3, 2026).
- Chimney, No. 6:25-cv-00053 (E.D. Tex. June 4, 2026).
- Young, No. 2:18-cv-04216 (E.D.N.Y. June 9, 2026).
- Smith v. Olvera, No. 25-1809 (9th Cir. July 14, 2026).unpublished
- Tron-Haukebo v. Cnty. of Clallam, No. 25-347 (9th Cir. July 20, 2026).unpublished
- Azure, No. 4:25-cv-00072 (D. Mont. July 17, 2026).
- Barnett, No. 7:24-cv-01174 (S.D.N.Y. July 9, 2026).
- Gallagher, No. 5:25-cv-00878 (N.D. Ohio Aug. 25, 2026).
- Whelan, No. 7:25-cv-03000 (S.D.N.Y. Aug. 11, 2026).
- Baltas, No. 3:21-cv-00587 (D. Conn. Sept. 24, 2026).
586 U.S. at 44 Establishing unlawfulness of significant force against suspect4 citing cases
- Awaijane v. Bittell, No. 0:23-cv-02892 (D. Minn. May 16, 2024).
- Howard v. Fye, No. 24-146 (9th Cir. Jan. 23, 2025).unpublished
- Villarreal v. City of Laredo, 134 F.4th 273 (5th Cir. 2025).published
- Davison, No. 3:24-cv-00074 (D. Alaska May 28, 2026).
139 S. Ct. at 502 Analyzing excessive force claim in arrest3 citing casesrejecting as “far 20 too general” Ninth Circuit’s formulation of clearly established right in 4th Amendment 21 excessive force case as “right to be free of excessive force
- Marty Emmons v. City of Escondido, 921 F.3d 1172 (9th Cir. 2019).published
- (PC) Gregory E. Shehee (Civil Detainee) v. Redding, No. 1:14-cv-00706 (E.D. Cal. June 30, 2020).
- Silverman v. Lane, No. 5:18-cv-04510 (N.D. Cal. June 30, 2020).
v.
Marty EMMONS.
The question in this qualified immunity case is whether two police officers violated clearly established law when they forcibly apprehended a man at the scene of a reported domestic violence incident.
The record, viewed in the light most favorable to the plaintiff, shows the following. In April 2013, Escondido police received a 911 call from Maggie Emmons about a domestic violence incident at her apartment. Emmons lived at the apartment with her husband, her two children, and a roommate, Ametria Douglas. Officer Jake Houchin responded to the scene and eventually helped take a domestic violence report from Emmons about injuries caused by her husband. The officers arrested her husband. He was later released.
A few weeks later, on May 27, 2013, at about 2:30 p.m., Escondido police received a 911 call about another possible domestic disturbance at Emmons' apartment. That 911 call came from Ametria Douglas' mother, Trina Douglas. Trina Douglas was not at the apartment, but she was on the phone with her daughter Ametria, who was at the apartment. Trina heard her daughter Ametria and Maggie Emmons yelling at each other and heard her daughter screaming for help. The call then disconnected, and Trina Douglas called 911.
Officer Houchin again responded, along with Officer Robert Craig. The dispatcher informed the officers that two children could be in the residence and that calls to the apartment had gone unanswered.
Police body-camera video of the officers' actions at the apartment is in the record.
The officers knocked on the door of the apartment. No one answered. But a side window was open, and the officers spoke with Emmons through that window, attempting to convince her to open the door to the apartment so that they could conduct a welfare check. A man in the apartment also told Emmons to back away from the window, but the officers said they[*502] could not identify the man. At some point during this exchange, Sergeant Kevin Toth, Officer Joseph Leffingwell, and Officer Huy Quach arrived as backup.
A few minutes later, a man opened the apartment door and came outside. At that point, Officer Craig was standing alone just outside the door. Officer Craig told the man not to close the door, but the man closed the door and tried to brush past Officer Craig. Officer Craig stopped the man, took him quickly to the ground, and handcuffed him. Officer Craig did not hit the man or display any weapon. The video shows that the man was not in any visible or audible pain as a result of the takedown or while on the ground. Within a few minutes, officers helped the man up and arrested him for a misdemeanor offense of resisting and delaying a police officer.
The man turned out to be Maggie Emmons' father, Marty Emmons. Marty Emmons later sued Officer Craig and Sergeant Toth, among others, under Rev. Stat. § 1979, 42 U.S.C. § 1983 . He raised several claims, including, as relevant here, a claim of excessive force in violation of the Fourth Amendment. The suit sought money damages for which Officer Craig and Sergeant Toth would be personally liable. The District Court held that the officers had probable cause to arrest Marty Emmons for the misdemeanor offense. The Ninth Circuit did not disturb that finding, and there is no claim presently before us that the officers lacked probable cause to arrest Marty Emmons. The only claim before us is that the officers used excessive force in effectuating the arrest.
The District Court rejected the claim of excessive force. 168 F.Supp.3d 1265 , 1274 (S.D.Cal.2016). The District Court stated that the "video shows that the officers acted professionally and respectfully in their encounter" at the apartment. Id ., at 1275. Because only Officer Craig used any force at all, the District Court granted summary judgment to Sergeant Toth on the excessive force claim.
Applying this Court's precedents on qualified immunity, the District Court also granted summary judgment to Officer Craig. According to the District Court, the law did not clearly establish that Officer Craig could not take down an arrestee in these circumstances. The court explained that the officers were responding to a domestic dispute, and that the encounter had escalated when the officers could not enter the apartment to conduct a welfare check. The District Court also noted that when Marty Emmons exited the apartment, none of the officers knew whether he was armed or dangerous, or whether he had injured any individuals inside the apartment.
The Court of Appeals reversed and remanded for trial on the excessive force claims against both Officer Craig and Sergeant Toth. 716 Fed.Appx. 724 (C.A.9 2018). The Ninth Circuit's entire relevant analysis of the qualified immunity question consisted of the following: "The right to be free of excessive force was clearly established at the time of the events in question. Gravelet-Blondin v. Shelton, 728 F.3d 1086 , 1093 (9th Cir.2013)." Id ., at 726 .
We reverse the judgment of the Court of Appeals as to Sergeant Toth, and vacate and remand as to Officer Craig.
With respect to Sergeant Toth, the Ninth Circuit offered no explanation for its decision. The court's unexplained reinstatement of the excessive force claim against Sergeant Toth was erroneous-and quite puzzling in light of the District Court's conclusion that "only Defendant Craig was involved in the excessive force claim" and that Emmons "fail[ed] to identify[*503] contrary evidence." 168 F.Supp.3d, at 1274, n. 4 .
As to Officer Craig, the Ninth Circuit also erred. As we have explained many times: "Qualified immunity attaches when an official's conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known." Kisela v. Hughes, 584 U.S. ----, ----, 138 S.Ct. 1148 , 1152, 200 L.Ed.2d 449 (2018) ( per curiam ) (internal quotation marks omitted); see District of Columbia v. Wesby, 583 U.S. ----, ---- - ----, 138 S.Ct. 577 , 593, 199 L.Ed.2d 453 (2018) ; White v. Pauly, 580 U.S. ----, ---- - ----, 137 S.Ct. 548 , 551, 196 L.Ed.2d 463 (2017) ( per curiam ); Mullenix v. Luna, 577 U.S. ----, ---- - ----, 136 S.Ct. 305 , 308, 193 L.Ed.2d 255 (2015) ( per curiam ).
Under our cases, the clearly established right must be defined with specificity. "This Court has repeatedly told courts ... not to define clearly established law at a high level of generality." Kisela, 584 U.S., at ----, 138 S.Ct., at 1152 (internal quotation marks omitted). That is particularly important in excessive force cases, as we have explained:
"Specificity is especially important in the Fourth Amendment context, where the Court has recognized that it is sometimes difficult for an officer to determine how the relevant legal doctrine, here excessive force, will apply to the factual situation the officer confronts. Use of excessive force is an area of the law in which the result depends very much on the facts of each case, and thus police officers are entitled to qualified immunity unless existing precedent squarely governs the specific facts at issue....
"[I]t does not suffice for a court simply to state that an officer may not use unreasonable and excessive force, deny qualified immunity, and then remit the case for a trial on the question of reasonableness. An officer cannot be said to have violated a clearly established right unless the right's contours were sufficiently definite that any reasonable official in the defendant's shoes would have understood that he was violating it." Id ., at ----, 138 S.Ct., at 1153 (quotation altered).
In this case, the Court of Appeals contravened those settled principles. The Court of Appeals should have asked whether clearly established law prohibited the officers from stopping and taking down a man in these circumstances. Instead, the Court of Appeals defined the clearly established right at a high level of generality by saying only that the "right to be free of excessive force" was clearly established. With the right defined at that high level of generality, the Court of Appeals then denied qualified immunity to the officers and remanded the case for trial. 716 Fed. Appx., at 726 .
Under our precedents, the Court of Appeals' formulation of the clearly established right was far too general. To be sure, the Court of Appeals cited the Gravelet-Blondin case from that Circuit, which described a right to be "free from the application of non-trivial force for engaging in mere passive resistance...." 728 F.3d, at 1093 . Assuming without deciding that a court of appeals decision may constitute clearly established law for purposes of qualified immunity, see City and County of San Francisco v. Sheehan, 575 U.S. ----, ----, 135 S.Ct. 1765 , 1776, 191 L.Ed.2d 856 (2015), the Ninth Circuit's Gravelet-Blondin case law involved police force against individuals engaged in passive resistance. The Court of Appeals made no effort to explain how that case law prohibited Officer Craig's actions in[*504] this case. That is a problem under our precedents:
"[W]e have stressed the need to identify a case where an officer acting under similar circumstances was held to have violated the Fourth Amendment.... While there does not have to be a case directly on point, existing precedent must place the lawfulness of the particular [action] beyond debate.... Of course, there can be the rare obvious case, where the unlawfulness of the officer's conduct is sufficiently clear even though existing precedent does not address similar circumstances.... But a body of relevant case law is usually necessary to clearly establish the answer...." Wesby, 583 U.S., at ----, 138 S.Ct., at 581 (internal quotation marks omitted).
The Court of Appeals failed to properly analyze whether clearly established law barred Officer Craig from stopping and taking down Marty Emmons in this manner as Emmons exited the apartment. Therefore, we remand the case for the Court of Appeals to conduct the analysis required by our precedents with respect to whether Officer Craig is entitled to qualified immunity.
The petition for certiorari is granted, the judgment of the Court of Appeals is reversed in part and vacated in part, and the case is remanded for further proceedings consistent with this opinion.
It is so ordered.