Case law

Talmadge McDonald Iii, a Minor, by His Mother and Next Friend, Glynis R. McDonald v. Patrick E. Haskins

966 F.2d 292 · Court of Appeals for the Seventh Circuit · Jul 1, 1992

Fitzgerald for determining qualified immunity, see 457 U.S. 800, 819 , 102 S.Ct. 2727, 2738 , 73 L.Ed.2d 396 (Í982) (whether an official is protected by qualified immunity depends upon the “objective legal reasonableness” … We agree with McDonald that Black clearly establishes that the force described in the complaint, if true, was constitutionally proscribed.

Marques A. Johnson v. James Dunn

83 F.4th 896 · Court of Appeals for the Eleventh Circuit · Oct 2, 2023

Dunn moved to dismiss Count I of both the initial and amended complaints on the ground that the doctrine of qualified immunity immunized him from suit. … established” prong of the qualified immunity analysis, I stop here and conclude that Officer Dunn is entitled to qualified immunity and that we need not address the first prong.

Dillon Burnett v. Josh Griffith

Court of Appeals for the Sixth Circuit · May 12, 2022

Whether Sergeant Griffith is entitled to qualified immunity as a matter of law Qualified immunity shields government officials from civil-damages liability for violations of “clearly established statutory or constitutional … established” prong of the qualified-immunity analysis.

Bisbal-Ramos v. City of Mayagüez

467 F.3d 16 · Court of Appeals for the First Circuit · Oct 11, 2006

A public officer is not entitled to qualified immunity if he violated a plaintiff's constitutional right and if, at the time of the violation, the right was so clearly established that it would have been clear to a reasonable … It was clearly established by Branti v.

Kelly McSean v. Chris Chamberlain

Court of Appeals for the Eighth Circuit · Aug 14, 2024

Foote, 782 F.3d 968, 969-70 (8th Cir. 2015) (complaint may be sua sponte dismissed on preservice screening based on qualified-immunity defense if it is established on face of complaint); cf. … Beard, 97 F.4th at 1115-16 (affirming denial of qualified immunity on unreasonable-search claim because it was clearly established that a degrading, humiliating, or abusive strip search of an arrestee violated the Fourth

Rick Plemmons v. J.T. Roberts, Pulaski County Sheriff the County of Pulaski, Missouri Ronald Jones Michael Gibbens

439 F.3d 818 · Court of Appeals for the Eighth Circuit · Mar 3, 2006

The doctrine of qualified immunity protects governmental officials from civil liability when “ ‘their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have … was one of clearly established law.

Back v. Schrader

Court of Appeals for the Sixth Circuit · Aug 11, 2008

But the court denied the defendants’ request for qualified immunity on Back’s political-affiliation claims, holding that Back had adequately alleged a clearly established constitutional violation. … P. 12(b)(6), so we review an assertion of qualified immunity to determine only whether the complaint “adequately alleges the commission of acts that violated clearly established law,” Mitchell v.

Cody Marble v. Heather Smith

687 F. App'x 587 · Court of Appeals for the Ninth Circuit · Apr 18, 2017

Qualified immunity should not be available to Defendant Heather Smith for violating Marble’s clearly established due process right to question the witness upon which the allegation of a parole violation was based. … His clearly established right to a hearing was effectively vitiated. Applying the doctrine of qualified immunity in this situation serves no legitimate purpose.

Jorge Rico v. Clark Ducart

980 F.3d 1292 · Court of Appeals for the Ninth Circuit · Nov 20, 2020

the Guard One system. 7 The district court denied qualified immunity to the remaining nine defendants, finding that Rico had a clearly established right to be free from sleep deprivation caused by excessive noise. … a clearly established right.

United States v. Howard Taylor

728 F.2d 930 · Court of Appeals for the Seventh Circuit · Apr 12, 1984

Because this testimony clearly indicated to the jury that the bank was federally insured on August 7, 1981, the date of the robbery, it satisfied the proof requirement established in Shively and Knop . … a defense witness was clearly dictum. 6 .

Frank Steffensen v. Casey Mayhew

452 F. App'x 793 · Court of Appeals for the Ninth Circuit · Oct 7, 2011

The district court properly granted summary judgment to Mayhew on the basis of qualified immunity because Mayhew’s authorization of a probationary search of a vehicle was not a clear violation of Steffensen’s Fourth Amendment … Callahan, 555 U.S. 223, 243-44 (2009) (qualified immunity shields “an officer from personal liability when an officer reasonably believes that his or her conduct complies with the law,” and “where clearly established law

Carnell v. Grimm

74 F.3d 977 · Court of Appeals for the Ninth Circuit · Jan 30, 1996

When a law enforcement officer asserts qualified immunity from liability, “the district court must determine whether, in light of clearly established principles governing the conduct in question, the officer objectively could … The second step of analysis for a qualified immunity determination is whether under the clearly established law a reasonable officer could have believed that his conduct was lawful. Act Up!/Portland, 988 F.2d at 871 .

Purvis v. Oest

614 F.3d 713 · Court of Appeals for the Seventh Circuit · Aug 2, 2010

In a qualified-immunity setting, the plaintiff bears the burden of showing that the constitutional right alleg- edly violated was clearly established at the time of the challenged conduct. See Landstrom v. Ill. … Oest is therefore entitled to qualified immunity. Despite being aware of the potential conflict of interest, Lunn and Vicini are also entitled to qualified immunity.

Greg Moore v. Sean Garnand

83 F.4th 743 · Court of Appeals for the Ninth Circuit · Sep 29, 2023

Because Plaintiffs fail to show that Defendants’ conduct violated clearly established law, Defendants are entitled to qualified immunity on the First Amendment claims. … “[I]n the absence of binding precedent, we look to whatever decisional law is available to ascertain whether the law is clearly established for qualified immunity purposes . . . .” Id.

Addington v. Wells

Court of Appeals for the Fifth Circuit · Apr 6, 2023

On the second prong of the qualified immunity analysis (i.e., whether the right in question was clearly established), the court denied Wells qualified immunity by “conclud[ing] that an inmate’s right to adequate medical … “But, to overcome qualified immunity, the plaintiff’s version of those disputed facts must also constitute a violation of clearly established law.” Id.

Fordyce v. City of Seattle

55 F.3d 436 · Court of Appeals for the Ninth Circuit · May 16, 1995

As to the § 1983 claims stemming from Fordyce’s arrest, we agree with the district court that the officers are entitled to qualified immunity from suit for damages. Act Up!/Portland v. … Accordingly, all the individual police officer defendants are entitled to qualified immunity with respect to Fordyee’s § 1983 damages claims relating to his arrest.

Hydrick v. Hunter

Court of Appeals for the Ninth Circuit · Aug 30, 2007

To defeat qualified immunity, “the right allegedly violated must be defined at the appropriate level of specificity before a court can determine if it was clearly established.” Wilson v. … Thus, there are two bodies of law from which we might draw “clearly established” law for qualified immunity pur- poses: first, where the SVPs claim a violation of a right that is clearly established even in the prison context

Fred Watson v. Eddie Boyd, III

2 F.4th 1106 · Court of Appeals for the Eighth Circuit · Jun 30, 2021

or statutory right; and (2) the right was clearly established at the time of the deprivation.’” … Accordingly, because of the district court’s incomplete analysis on both the constitutional violation and clearly established prongs, we can neither affirm nor reverse the denial of qualified immunity.

Dontrell Stephens v. Ric Bradshaw

879 F.3d 1157 · Court of Appeals for the Eleventh Circuit · Jan 10, 2018

the allegedly violated right was clearly established by governing case law. … Yet, Deputy Lin would still be entitled to qualified immunity if the law were not clearly established.

Keith Hardesty v. Waterworks District 4 of Ward

621 F. App'x 771 · Court of Appeals for the Fifth Circuit · Jul 14, 2015

“[A] defendant cannot be said to have violated a clearly established right unless the right’s misconduct through the lens of the “objective reasonableness”/”clearly established law” prong of the qualified immunity analysis … the Board Defendants qualified immunity.