Case law

Bruning v. Pixler

949 F.2d 352 · Court of Appeals for the Seventh Circuit · Nov 15, 1991

Fitzgerald, 457 U.S. 800 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982), the Court adopted an objective standard for qualified immunity. … alleged conduct violated the law and that that law was clearly established when the alleged violation occurred."

Engleman v. Deputy Murray

546 F.3d 944 · Court of Appeals for the Eighth Circuit · Nov 17, 2008

a clearly established right. … The Supreme Court has clearly stated that in establishing qualified immunity, the test must be applied at a level of specificity that approximates the actual circumstances of the case. Anderson v.

Acevedo-Garcia v. Vera-Monroig

Court of Appeals for the First Circuit · Feb 17, 2000

changes in work conditions and <br>responsibilities was "clearly established." … clearly enough to reject the <br>qualified immunity defense of the defendants.

Sherman L.G. Noble v. Janice Schmitt and Connie Stevens

87 F.3d 157 · Court of Appeals for the Sixth Circuit · Jun 14, 1996

Under the qualified immunity doctrine, “government officials performing discretionary functions generally are shielded from liability or civil damages insofar as their conduct does not violate clearly established statutory … Preferably, the claimant will make factual allegations in his complaint which are sufficient to establish a violation of clearly established law before the qualified immunity issue arises. Dominque, 831 F.2d at 676 .

Hamilton v. Cannon

80 F.3d 1525 · Court of Appeals for the Eleventh Circuit · Apr 19, 1996

The court also granted Lonnie Brown summary judgment on the section 1983 claims, in his individual capacity, on the ground of qualified immunity. Id. … On appeal, we reversed the district court's denial of qualified immunity to defendants Tookes and Duncan on the section 1983 claims. Hamilton v. Cannon, 80 F.3d 1525, 1532 (11th Cir.1996).

Robert Wilson v. David Spain

Court of Appeals for the Eighth Circuit · Apr 5, 2000

established. … fell swoop 3 Since the right to be free from excessive force in the context of an arrest has been clearly established for some time, other circuits have simply held that, in excessive-force cases, the qualified-immunity

Smith v. Cupp

430 F.3d 766 · Court of Appeals for the Sixth Circuit · Dec 2, 2005

The district court denied Dunn qualified immunity. … The particular right at issue was clearly established. Thus, Dunn is not entitled to qualified immunity.

Eric Darden v. City of Fort Worth, Texas

880 F.3d 722 · Court of Appeals for the Fifth Circuit · Jan 24, 2018

The district court determined that the officers had not violated clearly established law and were thus entitled to qualified immunity. … Once an official pleads qualified immunity, “the burden then shifts to the plaintiff, who must rebut the defense by establishing a genuine fact issue as to whether the official’s allegedly wrongful conduct violated clearly

Fabien Eldridge v. William E. Gibson, David Day, Robert Durham, Michael H. Knowlton, and Sam Lee

332 F.3d 1019 · Court of Appeals for the Sixth Circuit · Jun 19, 2003

Cameron Co., Tex., 274 F.3d 269, 276 (5th Cir.2001) (“It is a well established rule that where a judge’s absolute immunity would protect him from liability for the performance of particular acts, mere allegations that he … Eldridge’s argument that the Thirteenth Judicial District is a “person” subject to suit under § 1983 also fails because, as Judge Haynes discussed, the Thirteenth Judicial District is clearly a branch of the *1022 state and

Williams v. Jackson

600 F.3d 1007 · Court of Appeals for the Eighth Circuit · Mar 25, 2010

Qualified Immunity Qualified immunity generally shields “[g]overnment officials performing discretionary functions . . . from liability for civil damages insofar as their conduct does not violate clearly established … established right to be free from such radiation, qualified immunity applies.

Kercado-Clymer v. City of Amsterdam

370 F. App'x 238 · Court of Appeals for the Second Circuit · Mar 25, 2010

To be denied summary judgment on qualified immunity, an official must violate clearly established law. Harlow, 457 U.S. at 818. … We conclude that Brownell’s actions, while patently inappropriate, did not violate clearly established law.

McKenna v. Edgell

617 F.3d 432 · Court of Appeals for the Sixth Circuit · Aug 17, 2010

The court applied the doctrine of qualified immunity because “there is no ‘clearly established law 1 creating federal liability for a constitutional tort” that occurs when paramedics responding to an emergency restrain a … As described above, both actions violated clearly established constitutional rights, and the denial of qualified immunity was appropriate. C.

Hershel Rosenbaum v. Washoe County

663 F.3d 1071 · Court of Appeals for the Ninth Circuit · Nov 30, 2011

, whether that right was clearly established at the time of the event. … WASHOE COUNTY qualified immunity where “every reasonable official” would have understood that he was violating a clearly established right (emphasis added) (internal quotation marks and citation omitted)).2 In this case

Knopf v. Williams

884 F.3d 939 · Court of Appeals for the Tenth Circuit · Mar 5, 2018

He moved for summary judgment based on qualified immunity because (1) Mr. Knopf had failed to prove a violation of a constitutional right, and (2) the law was not clearly established at the time of Mr. … Knopf with clearly established law to overcome Mayor Williams's qualified immunity defense.

Livant v. Clifton

272 F. App'x 113 · Court of Appeals for the Second Circuit · Apr 7, 2008

Government officials performing discretionary functions are generally granted qualified immunity and are “shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or … They are entitled to qualified immunity if (1) their conduct does not violate “clearly established” rights of which a reasonable person would have known, id.

Weigel v. Broad

544 F.3d 1143 · Court of Appeals for the Tenth Circuit · Oct 21, 2008

Qualified immunity is an affirmative defense to an excessive force claim. … deadly force violated clearly established law.

Leroy Duffie v. City of Lincoln

834 F.3d 877 · Court of Appeals for the Eighth Circuit · Aug 23, 2016

“The doctrine of qualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … A state official will be shielded by qualified immunity if (1) the plaintiff fails to allege or show that the official’s conduct violated a constitutional right or (2) the constitutional right was not “ ‘clearly established

Deutsch v. Jordan

618 F.3d 1093 · Court of Appeals for the Tenth Circuit · Aug 24, 2010

But a defendant may be entitled to appeal from a denial of a motion for summary judgment based on qualified immunity. Id. Qualified immunity is an immunity “from suit rather than a mere defense to liability.” … Deutsch’s testimony was on a matter of public concern, the law to that effect was not clearly established in the summer of 2008 (thus entitling her to qualified immunity).

Taylor v. Barkes

25 Fla. L. Weekly Fed. S 305 · Supreme Court of the United States · Jun 1, 2015

“Qualified immunity shields government officials from civil damages liability unless the official violated a statu- tory or constitutional right that was clearly established at the time of the challenged conduct.” … Because, at the very least, petitioners were not contraven- ing clearly established law, they are entitled to qualified immunity.

Puller v. Baca

781 F.3d 1190 · Court of Appeals for the Tenth Circuit · Mar 20, 2015

When a defendant asserts qualified immunity, as Detective Baca does here, the burden shifts to the plaintiff to establish (1) a violation of a constitutional right (2) that was clearly established. Id. … Ultimately, “the record must clearly demonstrate the plaintiff has satisfied his heavy two-part burden; otherwise, the defendant[] is entitled to qualified immunity.” Id.