Case law

Pallottino v. City of Rio Rancho

31 F.3d 1023 · Court of Appeals for the Tenth Circuit · Aug 4, 1994

The doctrine of qualified immunity gives the Officers qualified immunity in a § 1983 suit unless they violate “clearly established statutory or constitutional rights of which a reasonable person would have known.” … Once a defendant to a § 1983 action raises a qualified immunity defense, the burden shifts to the plaintiff to show both facts and law to establish that the defendant is not entitled to qualified immunity.

Galvez v. Bruce

552 F.3d 1238 · Court of Appeals for the Eleventh Circuit · Dec 18, 2008

DISCUSSION Qualified immunity shields government officials from liability when they are performing discretionary functions and their actions “‘[do] not violate clearly established statutory or constitutional rights … The Supreme Court has instructed that courts should not proceed to the third step of the qualified immunity inquiry – whether the law at the time of the events clearly established such a violation – unless they find that

Drolett v. DeMarco

382 F. App'x 7 · Court of Appeals for the Second Circuit · Jun 16, 2010

by qualified immunity.” … Here, we move immediately to the second step of the qualified immunity analysis. We therefore consider whether plaintiff’s rights were “clearly established” at the time defendants disciplined Drolett. In Garcetti v.

Anthony Gant v. Daniel Hartman

924 F.3d 445 · Court of Appeals for the Seventh Circuit · May 14, 2019

Benner, 913 F.3d 640, 643 (7th Cir. 2019) (affirming denial of qualified immunity). … Officer Hartman claims that he is entitled to qualified im- munity because his actions did not violate Gant’s constitu- tional rights and, even if they did, those rights were not clearly established on or before August 23,

Maropulos v. County of Los Angeles

560 F.3d 974 · Court of Appeals for the Ninth Circuit · Mar 24, 2009

established due process right. … established right.

Francis v. Coughlin

849 F.2d 778 · Court of Appeals for the Second Circuit · Jun 20, 1988

Defendants’ memorandum of law devoted nine pages to the defense of qualified immunity, arguing that the rights which plaintiff claims were violated were not clearly established in the years 1982-83. … In its only reference to qualified immunity, the court noted in a footnote that a prisoner’s right to have notice of and to comment on charges against him was clearly established prior to 1982, such that qualified immunity

Wendell Domina, Blaise Riggs, Linden Snyder, Van Harpold, and Jerry Soule v. George Van Pelt, Individually Klayton Johnson, Individually Dale Shaul, Individually and Charles Person, Individually

235 F.3d 1091 · Court of Appeals for the Eighth Circuit · Dec 26, 2000

facts show a violation of clearly established law. … IV. 17 The commissioners would nonetheless be protected by qualified immunity if in early 1998 (the time of their alleged misconduct) it was not clearly established that the speech in which Mr.

Darlene M. Kesinger v. Thomas Herrington

381 F.3d 1243 · Court of Appeals for the Eleventh Circuit · Aug 26, 2004

Excessive Force & Qualified Immunity The affirmative defense of qualified immunity protects public actors from liability unless their conduct violates “clearly established statutory or constitutional rights of which … He did not violate the Constitution or any clearly established law. He is entitled to qualified immunity. V.

Derrick Williams v. Michael O'leary, Clyde E. Nash, Leroy Banks

55 F.3d 320 · Court of Appeals for the Seventh Circuit · May 25, 1995

Williams challenges both the district court’s implicit finding that Brewer and Kurian were public officials entitled to raise the qualified immunity defense and its explicit conclusion that it was not clearly established … The instant case clearly falls within the class of cases in which qualified immunity may be raised by a private defendant.

Meredith Coleman v. Nyal Frantz, Sheriff of Wells County, Indiana

754 F.2d 719 · Court of Appeals for the Seventh Circuit · Jan 30, 1985

Since Frantz did not violate any then clearly established constitutional right of which a reasonable person would have known, he was justified in asserting the qualified immunity defense. … Thiboutot, 448 U.S. 1 , 100 S.Ct. 2502 , 65 L.Ed.2d, 555 ), and that the qualified immunity is unavailable to defendants where the statutory right in such cases is clearly established.

Jared Clinton v. Ryan Garrett

49 F.4th 1132 · Court of Appeals for the Eighth Circuit · Sep 21, 2022

It does not require us to determine whether the defendants violated a “clearly established right” and, as it imposes a higher standard of care, it affords less protection than does qualified immunity. See Baldwin v. … We must still determine whether that right was clearly established.

Dwight L. McKee Allen L. Jones v. Henry Hart Wesley Rish Albert Masland James Sheehan Daniel P. Sattelle, Daniel P. Sattele

436 F.3d 165 · Court of Appeals for the Third Circuit · Jan 6, 2006

is entitled to qualified immunity. … right was clearly established at the time of Sattele’s alleged conduct.

Mary Jo. Bradley v. Officer Casey Benton

10 F.4th 1232 · Court of Appeals for the Eleventh Circuit · Aug 26, 2021

“Qualified immunity shields public officials from liability for civil damages when their conduct does not violate a constitutional right that was clearly established at the time of the challenged action.” Bailey v. … In other words, an officer is entitled to qualified immunity unless he (1) violated a constitutional right, and (2) that constitutional right was clearly established at the time. See Helm, 989 F.3d at 1272.

Amity Dimock v. City of Brooklyn Center

124 F.4th 544 · Court of Appeals for the Eighth Circuit · Dec 26, 2024

The right was not “clearly established.” Rivas-Villegas, 595 U.S. at 5. The district court correctly granted qualified immunity on the officers’ warrantless entry. IV. … The right was not “clearly established.” Rivas-Villegas, 595 U.S. at 5. The district court correctly granted qualified immunity on the officers’ use of deadly force.

Nicholas C. Wade v. Solomon Daniels

36 F.4th 1318 · Court of Appeals for the Eleventh Circuit · Jun 13, 2022

medical needs—which, as addressed in the following sections, he cannot—qualified immunity applies because Wade failed to show that the defendants violated clearly established law. … Because there is no clearly established law that placed Investigators Daniels, Jones, and Wilson on notice that their actions violated Wade’s constitutional rights, they are entitled to qualified immunity on Wade’s medical

Krout v. Goemmer

583 F.3d 557 · Court of Appeals for the Eighth Circuit · Oct 6, 2009

Qualified immunity shields a government official from liability when his conduct does not violate “clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … That is the ‘clearly established’ law.

Adeline Lennon v. Chief William P. Miller, the City of Troy, Patrolman Donald J. Backaus, and Patrolman Peter Gordon

66 F.3d 416 · Court of Appeals for the Second Circuit · Sep 12, 1995

’s clearly established constitutional rights. … his ... actions did not violate any of those clearly established rights.

O'MALLEY v. City of Flint

652 F.3d 662 · Court of Appeals for the Sixth Circuit · Jul 26, 2011

Generally, summary judgment based on qualified immunity is proper if the officer was not on notice that his conduct was clearly unlawful. Higgason v. Stephens, 288 F.3d 868, 876 (6th Cir.2002). … established”).

Lockett v. New Orleans City

607 F.3d 992 · Court of Appeals for the Fifth Circuit · May 5, 2010

If the official’s conduct violated a clearly established constitutional right, then qualified immunity is not applicable. … Nonetheless, the district court granted the defendants qualified immunity because it found that Lockett did not satisfy the second prong, which requires that the constitutional right was clearly established.

William Thomas Meloy v. Kathy Bachmeier Dr. Bernard J. O'Neill

302 F.3d 845 · Court of Appeals for the Eighth Circuit · Sep 11, 2002

Thus, we proceed to the second qualified immunity question: whether the right was clearly established. Saucier, 533 U.S. at 201, 121 S.Ct. 2151 . … Because the law was not clearly established that Ba-chmeier was deliberately indifferent to Meloy’s serious medical needs, Bachmeier is entitled to qualified immunity.