Case law

Bird v. Lampert

Court of Appeals for the Tenth Circuit · Dec 15, 2020

(2) that the constitutional right was clearly established at the time of the violation.” … Clearly Established Law But even if we assume that a constitutional violation occurred, defendants Lampert, Pacheco, and Weik would still be entitled to qualified immunity because there is no clearly established

Rodriguez v. Lockheed Martin Corp.

627 F.3d 1259 · Court of Appeals for the Ninth Circuit · Nov 30, 2010

We have accepted interlocutory appeals under the collateral order doctrine where the issue is a sovereign’s absolute immunity from suit and where qualified immunity is at issue. See, e.g., Paine v. … Con- sistent with our prior decisions, we hold that the government contractor defense does not confer absolute or qualified immunity.

Eastwood v. Department Of Corrections Of The State Of Oklahoma

846 F.2d 627 · Court of Appeals for the Tenth Circuit · May 12, 1988

Lovelace in his individual capacity survives the qualified immunity defense because plaintiff has established that Mr. Lovelace knew or should have known about plaintiff's clearly established right of privacy. … To determine the applicability of a qualified immunity defense, an appellate court must examine if the official conduct at issue "violate[d] clearly established statutory or constitutional rights of which a reasonable person

Noel Dean v. Darshan Phatak

911 F.3d 286 · Court of Appeals for the Fifth Circuit · Dec 20, 2018

matter of law, be objectively unreasonable in light of clearly established law.” … Dean counters that the district court properly denied summary judgment on the basis of qualified immunity because Phatak created a false, misleading, and inaccurate autopsy report and violated Dean’s clearly-established constitutional

Marshall v. Columbia Lea Regional Hospital

474 F.3d 733 · Court of Appeals for the Tenth Circuit · Jan 9, 2007

Nevertheless, the officers contend the district court erred in denying their post-verdict motion for judgment as a matter of law based on qualified immunity because no clearly established law precluded the test. … of which the plaintiff complains violated clearly established law.”

Jessica Kampschroer v. Ramsey County

840 F.3d 961 · Court of Appeals for the Eighth Circuit · Sep 1, 2016

The City of Minneapolis appeals the denial of qualified immunity in the Karasov action, and numerous Minnesota counties appeal the denial of qualified immunity in the Kampschroers action. … 2) even if there is liability for such action, it was not clearly established at the time the information was accessed in these cases.

Austin v. Johnson

328 F.3d 204 · Court of Appeals for the Fifth Circuit · May 28, 2003

We have jurisdiction, because the court determined plaintiff's allegations made out the violation of a clearly established constitutional right; the denial of qualified immunity did not rest on the sufficiency of evidence … This ignores the fact that the plaintiff has the burden to rebut a qualified immunity defense "by establishing that the official's allegedly wrongful conduct violated clearly established law." Pierce v.

Terry L. Arcoren v. Wenton Peters and John Schooler

829 F.2d 671 · Court of Appeals for the Eighth Circuit · Sep 25, 1987

on the basis of qualified immunity. … When performing a discretionary function, a government official is entitled to qualified immunity from suit if, at the time of his conduct, it was not “clearly established” that his actions would violate the plaintiffs constitutional

Edgerly v. City and County of San Francisco

495 F.3d 645 · Court of Appeals for the Ninth Circuit · Jul 17, 2007

clearly established. … Also, because no reasonable officer could have believed, in light of clearly established law, that the search as described by Edgerly was constitutional, the Officers are not entitled to qualified immunity for the search.

Nathaniel Brent v. Wayne Cty. Dep't of Human Servs.

901 F.3d 656 · Court of Appeals for the Sixth Circuit · Aug 23, 2018

Thus, if Wenk violated plaintiffs’ clearly established constitutional rights when executing the removal order, she would not be entitled to qualified immunity from plaintiffs’ claims. See id. at 695. … We held that the social workers had not violated clearly established law “by exceeding the limited consent to search that [Brent] had given them,” and we thereby held that the social workers were entitled to qualified immunity

Young v. Selk

508 F.3d 868 · Court of Appeals for the Eighth Circuit · Nov 28, 2007

“Qualified immunity protects state officials from civil liability for actions that do not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Shockency v. … The defendants in their brief do not focus on this aspect of qualified immunity. First of all, in any case, it was no doubt clearly established long before 2004, when Mr.

Leonard Rollon Crawford-El v. Patricia Britton and the District of Columbia

93 F.3d 813 · Court of Appeals for the D.C. Circuit · Aug 27, 1996

For acts to which qualified immunity may apply, 2 it held that the plaintiff can prevail only by showing not just that there was a violation, but that defendant’s acts violated “clearly established statutory or constitutional … Accordingly the Court held that qualified immunity could be penetrated only on a showing of objective unreasonableness—the now familiar requirement of “clearly established” rights. Id. at 818, 102 S.Ct. at 2738 .

Munafo v. Metropolitan Transportation Authority

285 F.3d 201 · Court of Appeals for the Second Circuit · Mar 26, 2002

The employee’s right to be free from such retaliation has been clearly established since at least 1968. … Accordingly, this Court, in order to review the individual defendants’ contention that the district court’s ruling on this branch of their qualified immunity motions mistakenly identified clearly established law, must “undertake

Donovan George Davis v. Philip B. Williams

451 F.3d 759 · Court of Appeals for the Eleventh Circuit · Jun 7, 2006

clearly established statutory or constitutional rights of which a reasonable person would have known.” … There is no question that the second step – clearly established – is satisfied, as it is clearly established that an arrest made without probable cause violates the Fourth Amendment. Thornton v.

Leroy J. Matherne, Cross-Appellant v. Charles C. Wilson, Cross-Appellees

851 F.2d 752 · Court of Appeals for the Fifth Circuit · Aug 10, 1988

Fitzgerald 3 standard of “qualified” immunity, a public official *756 cannot be saddled with damages for actions that do not violate “clearly established statutory or constitutional rights of which a reasonable person would … have known.” 4 Wilson argues that in firing Matherne he violated no “clearly established law” and thus was entitled to Harlow immunity.

Omar T. Alston v. Mark Swarbrick

954 F.3d 1312 · Court of Appeals for the Eleventh Circuit · Mar 26, 2020

Police officers acting in their discretionary authority are entitled to qualified immunity from suit unless a plaintiff can establish that (1) the officer violated a constitutional right, and (2) the right violated was … clearly established.

Susan Lynn Roberts v. Charles Timothy Kling

144 F.3d 710 · Court of Appeals for the Tenth Circuit · May 20, 1998

“First, the plaintiff must show the defendant’s conduct violated a constitutional or statutory right; second, the plaintiff must show the right the defendant’s conduct violated was clearly established such that a reasonable … Roberts attempts to cast this determination as factual and also seeks to demonstrate factual disputes on point; however, we agree with the district court that Roberts has not demonstrated that Kling violated clearly established

Mattos v. Agarano

590 F.3d 1082 · Court of Appeals for the Ninth Circuit · Jan 12, 2010

clearly established right. … The doctrine of qualified immunity shields the officers “from liability for civil damages [unless their conduct violated] clearly established statutory or constitutional rights of which a reasonable person would have known

Whisman v. Rinehart

119 F.3d 1303 · Court of Appeals for the Eighth Circuit · Jul 23, 1997

Qualified Immunity 17 Government officials performing discretionary functions are entitled to qualified immunity unless they violate clearly established statutory or constitutional rights of which a reasonable person would … Id. 21 We take a broad view of what constitutes "clearly established" under the qualified immunity analysis. Munz v. Michael, 28 F.3d 795, 799 (8th Cir.1994).

Williams v. City of Albany

936 F.2d 1256 · Court of Appeals for the Eleventh Circuit · Jul 30, 1991

Lack of good faith may be proved by showing that the public official’s actions violated clearly established constitutional law. Hudgins v. … Plaintiff has failed to make a showing, sufficient to overcome the claim of qualified immunity, that defendants’ actions were of the type that a reasonable police investigator would know violated the suspect’s clearly established