Case law

Donna Lowe v. Town of Fairland, Oklahoma Beverly Hill Don Jones Shirley Mangold and Loretta Vinyard

143 F.3d 1378 · Court of Appeals for the Tenth Circuit · May 14, 1998

Consequently, when the qualified immunity defense is raised, the defendant should be spared the burden of proceeding with the litigation until the plaintiff establishes that the defendant’s alleged actions violated clearly … established law.

Haynes v. Marshall

887 F.2d 700 · Court of Appeals for the Sixth Circuit · Oct 12, 1989

“[T]he right the official is alleged to have violated must have been ‘clearly established’ ” in a particularized sense, Anderson v. … They suggest, however, that there was no clearly established standard by which to measure whether they used excessive force, until 1986 when the Supreme Court announced its opinion in Whitley v.

Raymond E. Humphrey v. Duane M. Mabry Kevin George and Kevin Wheeler

482 F.3d 840 · Court of Appeals for the Sixth Circuit · Apr 2, 2007

Qualified Immunity The defense of qualified immunity shields government officials from “liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which … Accordingly, we move to the second prong of the qualified immunity analysis. 2. Were the rights “clearly established”?

Lamonte Jackson-Gibson v. Reginald Beasley

118 F.4th 848 · Court of Appeals for the Sixth Circuit · Oct 15, 2024

Qualified immunity shields government officials from civil damages under § 1983 “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known … a constitutional right; and (2) the right was clearly established.”

Megan Winfrey v. Keith Pikett

872 F.3d 640 · Court of Appeals for the Fifth Circuit · Sep 29, 2017

He contends that the district court erred in denying him qualified immunity because the scent lineups did not violate Megan’s clearly established constitutional rights for two reasons. … violated clearly established law.”

Tiscareno v. Anderson

639 F.3d 1016 · Court of Appeals for the Tenth Circuit · Mar 14, 2011

Because such an obligation was not clearly established, we conclude that Anderson was entitled to qualified immunity. … Anderson is entitled to qualified immunity because he acted reasonably in light of clearly established law.

Sadallah v. City of Utica

383 F.3d 34 · Court of Appeals for the Second Circuit · Sep 3, 2004

] reasonable[] ... in light of the legal rules that were clearly established at the time it was taken. … Because plaintiffs have failed to establish a due process claim or any other violation of federal law, their claims are without merit. Accordingly, Hanna is entitled to qualified immunity. C.

Torres v. Runyon

80 F. App'x 594 · Court of Appeals for the Ninth Circuit · Nov 6, 2003

If the official violated a constitutional right, he or she nonetheless may be entitled to qualified immunity if the right was not clearly established such that a reasonable official “would understand that what he is doing … The next prong of the qualified immunity analysis is “ ‘a two-part inquiry: (1) Was the law governing the state official’s conduct clearly established?

Scott R. Rushing v. Estate of Ernest R. Mincey

599 F.3d 1263 · Court of Appeals for the Eleventh Circuit · Mar 16, 2010

“[Q]ualified 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 would have … 3 were clearly established at the time the officer acted.”

Gragg v. Kentucky Cabinet for Workforce Development

289 F.3d 958 · Court of Appeals for the Sixth Circuit · May 20, 2002

Garrett, 880 S.W.2d 530, 534 (Ky.1994)) To prevail against a defense of qualified immunity a plaintiff must first establish the constitutional right that she claims was violated by the defendants. Wilson v. … She must then demonstrate that this right was clearly established at the time of the infringement.

Hyland v. Wonder

117 F.3d 405 · Court of Appeals for the Ninth Circuit · Jun 25, 1997

The defendants asserted qualified immunity. … The district court granted the individual defendants summary judgment on the ground of qualified immunity, finding that it was not “clearly established” in 1989 that a government volunteer possessed the same First Amendment

Fabrikant v. French

691 F.3d 193 · Court of Appeals for the Second Circuit · Aug 16, 2012

arguendo that the SPCA investigators were state actors, they would be entitled to qualified immunity because their conduct did not violate clearly established statutory or constitutional rights of which a reasonable person … Analysis “The doctrine of qualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutorily or constitutional rights of

Summar ex rel. Summar v. Bennett

157 F.3d 1054 · Court of Appeals for the Sixth Circuit · Oct 14, 1998

City of Southfield, 995 F.2d 1331 (6th Cir.1993), for example, this court generally explained that “[t]he right to be free from excessive force is a clearly established right,” yet affirmed a district court’s denial of qualified … precedent to the rejection of qualified immunity.

Orsatti v. New Jersey State Police

71 F.3d 480 · Court of Appeals for the Third Circuit · Nov 22, 1995

The officers contend that the district court erred because they are shielded from Orsatti's claim by the doctrine of qualified immunity. 7 Because we find that the undisputed material facts of record establish that it was … Finding that the right at issue was clearly established, however, does not end the court's inquiry. Nor does the court's decision turn merely on whether the official violated that clearly established right.

Maltby v. Winston

36 F.3d 548 · Court of Appeals for the Seventh Circuit · Sep 14, 1994

Inspector Winston’s Qualified Immunity We begin our evaluation of the qualified immunity issue by setting forth Mr. Maltb/s allegations against Inspector Winston. In his complaint, Mr. … City of Milwaukee, 17 F.3d 944, 951 (7th Cir.1994) ("The plaintiff bears the burden of establishing the existence of a clearly established constitutional right.”); Apostol v.

Briaheen Thomas v. Tice

943 F.3d 145 · Court of Appeals for the Third Circuit · Nov 12, 2019

“Qualified immunity shields government officials from civil damages liability unless the official violated a statutory or constitutional right that was clearly established at the time of the challenged conduct.” … As the Majority notes, qualified immunity does not shield a government official where she has “violated a statutory or constitutional right that was clearly established at the time of the challenged conduct.” Reichle v.

Steven Gillman v. City of Troy, Mich.

126 F.4th 1152 · Court of Appeals for the Sixth Circuit · Jan 22, 2025

Qualified Immunity Green-Hernandez begins by contesting the district court’s order denying her motion for summary judgment on her qualified immunity defense. … “A public official is entitled to qualified immunity at summary judgment when, viewing the facts in the light most favorable to the plaintiff, the challenged conduct did not violate ‘clearly established . . . constitutional

Fields v. Abbott

652 F.3d 886 · Court of Appeals for the Eighth Circuit · Aug 30, 2011

Qualified immunity shields government officials performing discretionary functions “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which … due process right that Fields asserts was clearly established when the events in this case took place.

Troy Thompson v. Ira Mercer

762 F.3d 433 · Court of Appeals for the Fifth Circuit · Aug 7, 2014

A public official is entitled to qualified immunity unless his conduct violates constitutional law that was “clearly established at the time of the defendant’s actions.” Freeman v. … We agree with the Thompsons that—at the very least—the relevant law is not so well developed as to clearly establish a violation here. And it is for that very reason that Mercer is entitled to qualified immunity.

Ernesto Nunez v. Luiz Izquierdo-Mora, Etc.

834 F.2d 19 · Court of Appeals for the First Circuit · Nov 30, 1987

not “clearly established.” … Thus, it was not clearly established that this position was protected from political discharge. The judgment of the district court in respect to the issue of qualified immunity is Reversed. 1 .