Case law
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133 F.4th 788 · Court of Appeals for the Eighth Circuit · Apr 3, 2025
Government officials are entitled to qualified immunity “if their actions do not ‘violate clearly established statutory or constitutional rights of which a reasonable person would have known.’” Wilson v. … Franklin, 388 F.3d 578, 582 (8th Cir. 2004) (noting that “clearly established” prong of qualified immunity protects officials from liability from “bad guesses in gray areas” (citation omitted)).
Cited 2 timesPublishedStephen Hill v. City of Fountain Valley
70 F.4th 507 · Court of Appeals for the Ninth Circuit · Jun 1, 2023
In short, qualified immunity applies because the Hills have not offered any factually analogous case “clearly 16 HILL V. … Because this law was clearly established at the time of the events here, the officers are not entitled to qualified immunity.
Cited 21 timesPublished560 F.3d 404 · Court of Appeals for the Fifth Circuit · Feb 25, 2009
The Clearly Established Right At the second step of the qualified immunity inquiry, we ask whether the violated constitutional right was clearly established at the time of the violation. … The right in question was therefore clearly established on February 28, 2006, and this is sufficient to affirmatively answer the qualified immunity question of our inquiry.
Abrogated on other grounds by Mullenix v. Luna, 136 S. Ct. 305 (2015)Cited 290 timesPublishedSteven Taylor v. Robert Caples
2 F.4th 1124 · Court of Appeals for the Eighth Circuit · Jul 1, 2021
Because material disputes of fact must be resolved before we can reach the legal argument of whether Caples’s conduct violates clearly established law, we dismiss the appeal for lack of jurisdiction. I. … violated a clearly established federal right.
Cited 9 timesPublishedStephen Burrell v. Mike McIlroy Glen C. Rector Jeff Thorpe
464 F.3d 853 · Court of Appeals for the Ninth Circuit · Sep 20, 2006
Moreover, even if Rule 41 were applicable to the search, at the time of the search the failure to serve a warrant at the outset of a search was not a clearly established violation of the constitution. … Thus, on the facts of this case, the district court did not err in finding that the detectives were entitled to qualified immunity on this issue.
Cited 34 timesPublishedKenneth Ratliff v. Aransas County, Texas
948 F.3d 281 · Court of Appeals for the Fifth Circuit · Jan 15, 2020
He offered the testimony because of a failing memory and to rebut the deputies’ qualified immunity defense in this § 1983 case. … The second “asks whether the right in question was ‘clearly established’ at the time of the violation.” Id. at 656.
Cited 156 timesPublishedJohn Moody v. Mich. Gaming Control Bd.
871 F.3d 420 · Court of Appeals for the Sixth Circuit · Sep 11, 2017
Therefore, the right was clearly established. … We therefore reverse the district court’s grant of qualified immunity on the Fifth Amendment claim, and hold that the right articulated in Moody I was clearly established at the time of the violation. 2.
Cited 25 timesPublished828 F.3d 910 · Court of Appeals for the Ninth Circuit · Jul 7, 2016
To that end, qualified immunity shields an officer from damages liability when it was not “clearly established that the Fourth Amendment prohibited [his] conduct in the ‘situation [he] confronted.’” Mullenix v. … qualified immunity defense.
Cited 34 timesPublishedSonia Garcia v. Wesley Blevins
957 F.3d 596 · Court of Appeals for the Fifth Circuit · Apr 30, 2020
We therefore hold Blevins is entitled to qualified immunity because he did not violate clearly established law. IV. … The Garcias also assert that, if we conclude the law was not clearly established, we should reconsider our approach to qualified immunity.
Cited 80 timesPublishedDivision of Employment Security v. Board of Police Commissioners
864 F.3d 974 · Court of Appeals for the Eighth Circuit · Jul 28, 2017
The Officers “Qualified immunity shields a government official from liability unless his conduct violates ‘clearly established statutory or constitutional rights of which a reasonable person would have known.’” … “Our prior cases have clearly established that use of [a] taser on a nonfleeing, nonviolent suspected misdemeanant [is] unreasonable.” Brossart v.
Cited 28 timesPublished98 F.3d 447 · Court of Appeals for the Ninth Circuit · Oct 11, 1996
The Supreme Court has established a three-part test for Article III standing. … immunity.
Cited 0 timesPublishedWilliam Meyers, Sr. v. Baltimore County, Maryland
713 F.3d 723 · Court of Appeals for the Fourth Circuit · Feb 1, 2013
Ryan’s clearly established constitutional rights. … We repeatedly have held that it is not required that a right violated already have been recognized by a court in a specific context before such right may be held "clearly established" for purposes of qualified immunity.
Cited 201 timesPublishedPeggy Shumpert v. City of Tupelo, Mississip
905 F.3d 310 · Court of Appeals for the Fifth Circuit · Sep 24, 2018
The resolution of this case turns primarily on whether these rights were clearly established, so we will begin with that step of the qualified immunity analysis. … established law. 60 He is therefore entitled to qualified immunity on this claim. 61 C.
Cited 125 timesPublishedWalter Franklin, II v. Lucas Peterson
878 F.3d 631 · Court of Appeals for the Eighth Circuit · Dec 26, 2017
DISCUSSION This is an appeal from the denial of qualified immunity as to Officers Peterson and Meath, a doctrine that “shields a government official from liability unless his conduct violates ’clearly established statutory … In an interlocutory appeal from an order denying qualified immunity, we have authority to decide the purely legal issue of whether the facts alleged by the plaintiff are a violation of clearly established law.
Cited 46 timesPublishedPatricia MacIntosh v. Ron Clous
69 F.4th 309 · Court of Appeals for the Sixth Circuit · May 31, 2023
Whether the Right Was Clearly Established The second prong of the qualified immunity analysis asks whether the right was “clearly established such ‘that a reasonable official would understand that what he is doing … Taken as true, MacIntosh’s allegations plausibly show that Clous is not entitled to qualified immunity because it was clearly established that Clous’s conduct violated MacIntosh’s First Amendment rights.
Cited 35 timesPublishedRonald Kramer v. Mary Cullinan
878 F.3d 1156 · Court of Appeals for the Ninth Circuit · Jan 3, 2018
Cullinan was entitled to qualified immunity. … Cullinan’s actions violated a “clearly established” right. White, 137 S. Ct at 552. III. CONCLUSION Dr. Cullinan was entitled to qualified immunity.
Cited 23 timesPublishedTanya Martin v. City of Broadview Heights
712 F.3d 951 · Court of Appeals for the Sixth Circuit · Apr 9, 2013
Qualified immunity protects public officials from liability for civil damages if their conduct does not violate “clearly established statutory or constitutional rights of which a reasonable person would have known.’” … The sources of clearly established law to be considered are limited.
Cited 305 timesPublishedArmstrong v. City of Melvindale
432 F.3d 695 · Court of Appeals for the Sixth Circuit · Jan 6, 2006
But where, as here, Defendants do not dispute the facts—they claim instead that the alleged facts do not reflect a violation of clearly established law—“a district court’s denial of a claim of qualified immunity . . . is … right was clearly established.”
Cited 44 timesPublishedRodis v. City & County of San Francisco
558 F.3d 964 · Court of Appeals for the Ninth Circuit · Mar 9, 2009
demonstrated a violation of clearly established law.” … The arrest, therefore, was not clearly established as unlawful. CONCLUSION For the foregoing reasons, we conclude that Defendants were entitled to qualified immunity.
Cited 60 timesPublished576 F.3d 979 · Court of Appeals for the Ninth Circuit · Aug 10, 2009
by the Court of Appeals — that Mitchell’s actions violated clearly established law....” … The legal issues involved in that appeal-whether Aguilar violated clearly established constitutional protections— are identical to those governing the question of Aguilar’s qualified immunity.
Cited 130 timesPublished
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