Case law

Rios v. Scott

100 F. App'x 270 · Court of Appeals for the Fifth Circuit · Jun 3, 2004

PER CURIAM:* Joshua Rio s and Mary Canales (“the Relatives”) appeal from the district court’s grant of summary judgment based on qualified immunity. … Officer Sippel is entitled to qualified immunity because there is no clearly established constitutional right for an officer to immediately intervene when an armed inmate attacks another inmate, as the officer may need

Alison Dreith v. City of St. Louis, Missouri

55 F.4th 1145 · Court of Appeals for the Eighth Circuit · Dec 15, 2022

Qualified immunity shields government officials from suit in a § 1983 action unless their conduct violates a clearly established statutory or constitutional right of which a reasonable official would have known. … In any event, the argument does not undermine the district court’s conclusion that Dreith’s right to be free from a retaliatory use of force was clearly established at the time of the incident. D. Ct.

S.L. Ex Rel. Lenderman v. St. Louis Metropolitan Police Department Board of Police Commissioners

725 F.3d 843 · Court of Appeals for the Eighth Circuit · Aug 5, 2013

State officials enjoy qualified immunity from a § 1983 action if their conduct did not violate “clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … Harris is entitled to qualified immunity if his conduct did not violate “clearly established statutory or constitutional rights of which a reasonable person would have known,” Harlow, 457 U.S. at 818 , 102 S.Ct. 2727 , but

L.G. v. Keisha Edwards

990 F.3d 1145 · Court of Appeals for the Eighth Circuit · Mar 18, 2021

Qualified immunity generally protects public officials from § 1983 lawsuits where the officials' conduct "does not violate clearly established statutory or constitutional rights of which a reasonable person would have known … We often describe the resolution of a qualified immunity issue as involving two questions—whether the official's conduct violated a constitutional or statutory right, and whether that right was clearly established.

Trevis Caldwell v. Warden, FCI Talladega

748 F.3d 1090 · Court of Appeals for the Eleventh Circuit · Apr 7, 2014

And, for the first time in this case, the defendants asserted that they were entitled to qualified immunity on the alternative ground that the law did not “clearly establish” that their actions were unconstitutional. … CLEARLY ESTABLISHED LAW The only remaining issue relevant to the defendants’ qualified immunity defense is whether, by September 9, 2009, preexisting law clearly established that the defendants’ conduct violated

Johnson v. Newburgh Enlarged School District

239 F.3d 246 · Court of Appeals for the Second Circuit · Jan 31, 2001

In this action, the defendants assert only the first basis — that no clearly established right was violated — in arguing for qualified immunity. 2 Of course, determining whether a right is “clearly established” is not subject … ” qualified immunity issue.

Gallegos v. City & County of Denver

984 F.2d 358 · Court of Appeals for the Tenth Circuit · Jan 20, 1993

that the defendant’s alleged actions violated clearly established law. … As stated above, government officials are entitled to a grant of qualified immunity unless their conduct violates “clearly established statutory or constitutional rights of which a reasonable person would have known.”

United States v. Allebach

526 F.3d 385 · Court of Appeals for the Eighth Circuit · May 21, 2008

Motion to Suppress Allebach moved to suppress the fruits of the search of his residence, arguing that the trash contents were insufficient to establish probable cause. … We find the district court did not clearly err in determining Allebach’s possession of crack cocaine was part of the same course of conduct as his possession with intent to manufacture crack cocaine.

Degenhardt v. Bintliff

117 F.4th 747 · Court of Appeals for the Fifth Circuit · Sep 24, 2024

There is a two-part test to overcoming qualified immunity. … The question, then, is whether such right is sufficiently established to defeat qualified immunity. See Argueta, 86 F.4th at 1088. We conclude that the answer is “no.”

Robert LOMBARDI, Plaintiff-Appellant, v. CITY OF EL CAJON; Steven Shakowski; Does 1 Through 30, Inclusive, Defendants-Appellees

117 F.3d 1117 · Court of Appeals for the Ninth Circuit · Jun 30, 1997

In civil rights actions, qualified immunity turns on the objective unreasonableness of the law enforcement officer’s conduct in light of clearly established law. … Harlow’s emphasis on ‘objective reasonableness’ and cases in which the ‘clearly established law3 at issue contains a subjective element, such as motive or intent.”

Chanon Miller v. Juan Ramirez

Court of Appeals for the Eleventh Circuit · Feb 27, 2025

conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … immunity “raised . . . on a motion to dismiss . . . will be granted if the com- plaint fails to allege the violation of a clearly established constitu- tional right.” 248 F.3d 1117, 1121 (11th Cir. 2001

William LaPlante v. City of Battle Creek, Mich.

30 F.4th 572 · Court of Appeals for the Sixth Circuit · Apr 8, 2022

Analysis In reviewing an order denying qualified immunity, the Court considers (1) whether an “official’s conduct . . . violate[d] a constitutional right,” and, if so, (2) whether “that right was . . . clearly established … Clearly Established “Public officials are entitled to qualified immunity from suits for civil damages if either the official’s conduct did not violate a constitutional right or if that right was not clearly established

Mark Robbins v. Randy Becker, Sr.

715 F.3d 691 · Court of Appeals for the Eighth Circuit · May 22, 2013

qualified immunity. … established”); Katosang v.

City Union Mission, Inc. v. Mike Sharp

36 F.4th 810 · Court of Appeals for the Eighth Circuit · Jun 10, 2022

The district court granted summary judgment, resolving its qualified immunity analysis on the clearly established prong and finding that Sheriff Sharp was entitled to qualified immunity. See R. Doc. 135, at 5. … established at the time of the infraction, the defendant-officer is entitled to qualified immunity.

Teri Dean v. Anne Precythe

79 F.4th 986 · Court of Appeals for the Eighth Circuit · Aug 23, 2023

The availability of qualified immunity depends on the answer to two questions. First, did Precythe violate a constitutional right? Second, was the right clearly established? See Morgan v. … Audrain County, 968 F.3d 845, 849 (8th Cir. 2020) (explaining that the plaintiff “has the burden to show that” the law is clearly established).

Harris v. Roderick

126 F.3d 1189 · Court of Appeals for the Ninth Circuit · Sep 25, 1997

In order to determine whether the defendants are entitled to qualified immunity, we engage in a two-pronged inquiry: “1) Was the law governing the official’s conduct clearly established? … The Rules directly infringed on the clearly established constitutional rights of those at whom they were aimed, including Harris. There is no qualified immunity for such conduct, either.

Hynson v. City of Chester

827 F.2d 932 · Court of Appeals for the Third Circuit · Oct 1, 1987

The test for government officials to establish the good faith necessary for qualified immunity was recently set out by the Supreme Court. … clearly established at the time of the conduct at issue.

James Stickley v. Karl Byrd

703 F.3d 421 · Court of Appeals for the Eighth Circuit · Jan 14, 2013

“Qualified immunity shields a government official from liability and the burdens of litigation unless his conduct violates ‘clearly established statutory or constitutional rights of which a reasonable person would have known … -3- clearly established when the alleged misconduct occurred.” Williams v. Herron, 687 F.3d 971, 974 (8th Cir. 2012).

Ryan Bonivert v. City of Clarkston

883 F.3d 865 · Court of Appeals for the Ninth Circuit · Feb 26, 2018

Alternatively, the officers claim they are entitled to qualified immunity because it was not clearly 14 BONIVERT V. … The constitutional right was clearly established for qualified immunity purposes. B.

Hall v. Sutton

581 F. App'x 580 · Court of Appeals for the Seventh Circuit · Nov 5, 2014

Qualified immunity “protects government officials from suit for damages when their conduct does not violate clearly established statutory or constitutional rights.” Pearson v. … Courts may address the two prongs of qualified immunity in either order. Pearson, 555 U.S. at 236 , 129 S.Ct. 808 .