Case law
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884 F.3d 351 · Court of Appeals for the Second Circuit · Mar 7, 2018
Holloway, 510 U.S. 510, 516 (1994). 7 Allen contends that in December 2004, the law governing his conduct 8 was not sufficiently clearly established because "it was not clearly established that an 9 … Creighton, 483 U.S. at 640-41. 15 Where the right at issue in the circumstances confronting police officers was clearly 16 established but was violated, the officer will still be entitled to qualified immunity if 17
Cited 194 timesPublished44 F.3d 847 · Court of Appeals for the Tenth Circuit · Dec 28, 1994
We hold that the Regents were entitled to qualified immunity because the constitutional law they allegedly violated was not clearly established at the time they briefly suspended authority to show the film. … However, the district court agreed with Appellees that the law Appellees allegedly violated was not clearly established and granted them summary judgment based on qualified immunity. A.
Cited 23 timesPublishedJames Gladden, Jr. v. Kenneth Richbourg
759 F.3d 960 · Court of Appeals for the Eighth Circuit · Jul 23, 2014
Thus, Gladden can prevail against the officers only if they violated his clearly established constitutional rights. Qualified immunity protects “all but the plainly incompetent or those who knowingly violate the law.” … If, based on those facts, the officer reasonably failed to comprehend that he was violating a person’s clearly established constitutional rights, he is entitled to qualified immunity from suit. Id.
Cited 35 timesPublished338 F.3d 1259 · Court of Appeals for the Eleventh Circuit · Jul 23, 2003
Under qualified immunity, “government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … and, if so, whether they had “fair warning” under clearly established law that their conduct was unconstitutional.
Cited 168 timesPublished218 F.3d 1030 · Court of Appeals for the Ninth Circuit · Jul 12, 2000
Qualified immunity “ ‘shield[s] [government agents] 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 … Layne, 526 U.S. 603, 615 , 119 S.Ct. 1692 , 143 L.Ed.2d 818 (1999) (“ ‘clearly established’ ” for purposes of qualified immunity does not mean that “ ‘an official action is pro *1036 tected by qualified immunity unless the
Cited 13 timesPublishedSalvador Reza v. Russell Pearce
Court of Appeals for the Ninth Circuit · Nov 19, 2015
PEARCE 3 Senator Pearce violated plaintiff’s clearly established First Amendment rights and that the district court erred by granting him qualified immunity on summary judgment. … To overcome Senator Pearce’s qualified immunity defense, Reza must establish both that Senator Pearce violated his First Amendment rights, and that this violation was of a “clearly established statutory or constitutional
Cited 0 timesPublishedDennis Hamilton v. Roger v. Endell
981 F.2d 1062 · Court of Appeals for the Ninth Circuit · Dec 15, 1992
Qualified Immunity Claim “Government officials who perform discretionary functions are protected from liability for civil damages as long as ‘their conduct does not violate clearly established statutory or constitutional … Qualified immunity is an affirmative defense; if the plaintiff proves that the right allegedly violated was clearly established, the burden shifts to the defendant official to prove that his or her conduct was reasonable
Overruled in part, on other grounds by John Snow v. E.K. McDaniel, 681 F.3d 978 (2012)Cited 304 timesPublishedJenny Wernsing, Charles Bingaman and Troy Cannon v. Odell Thompson, Jr.
423 F.3d 732 · Court of Appeals for the Seventh Circuit · Sep 9, 2005
The district court also rejected Thompson’s claim of qualified immunity, holding that it was clearly established that Thompson’s alleged actions restricting or retaliating against plaintiffs’ speech on matters of public concern … If the clearly established question could be resolved merely by observing that unjustified prior restraints on speech are prohibited, then no defendant could ever prevail on the clearly established prong of the qualified
Cited 91 timesPublished77 F.3d 1078 · Court of Appeals for the Eighth Circuit · Feb 28, 1996
Carver and Rogers then returned Erickson to the jail. 5 On appeal, Johnle, Birdsall, and Carver assert they are entitled to qualified immunity because they did not violate Erickson's clearly established constitutional rights … immunity.
Cited 17 timesPublished444 F.3d 725 · Court of Appeals for the Sixth Circuit · Apr 11, 2006
of clearly established law.” … The Supreme Court noted that when the issue on qualified immunity turned on whether the facts, as alleged, constituted a violation of clearly established constitutional law, the issue on appeal was sufficiently separate from
Questioned by Llovet v. City of Chicago, 761 F.3d 759 (2014)Cited 636 timesPublishedCourt of Appeals for the Third Circuit · Feb 19, 2016
This is why caseworkers are protected by qualified immunity unless clearly established law puts them on notice that their conduct is a violation of the Constitution. … In this case, there was no such clearly established law, and qualified immunity covers the Division’s caseworkers.
Cited 0 timesPublished119 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).
Cited 41 timesPublishedMary Roe v. Texas Department Of Protective And Regulatory Services
299 F.3d 395 · Court of Appeals for the Fifth Circuit · Aug 13, 2002
established" in the context of qualified immunity. … established" for purposes of qualified immunity. 19 It is difficult to argue that a matter of law is clearly established for state actors in this circuit where this court has not opined on the issue in question and the other
Cited 28 timesPublishedBull v. City and County of San Francisco
539 F.3d 1193 · Court of Appeals for the Ninth Circuit · Aug 22, 2008
Defendants now appeal *1196 the district court’s denial of qualified immunity for Sheriff Hennessey. 5 II We review de novo a district court’s decision to grant summary judgment on the ground of qualified immunity. … court’s denial of qualified immunity.
Cited 12 timesPublishedOttman v. City Of Independence
341 F.3d 751 · Court of Appeals for the Eighth Circuit · Oct 1, 2003
We review de novo a denial of qualified immunity. Holloway v. … Reeves, 277 F.3d 1035 , 1037 (8th Cir.2002). 13 Government officials who perform discretionary functions are entitled to qualified immunity unless their alleged conduct violated clearly established federal constitutional
Cited 76 timesPublished408 F.3d 559 · Court of Appeals for the Ninth Circuit · Apr 25, 2005
Rowland, 65 F.3d 802 , 806 & n. 4 (9th Cir.1995) ("[T]he prohibition against retaliatory punishment is `clearly established law' in the Ninth Circuit, for qualified immunity purposes. … must first reiterate our firm recognition that "the prohibition against retaliatory punishment is `clearly established law' in the Ninth Circuit, for qualified immunity purposes."
Cited 2,103 timesPublished986 F.3d 187 · Court of Appeals for the Second Circuit · Jan 27, 2021
Qualified immunity shields government officials from liability for civil damages as long as the officials’ conduct “does not violate clearly established statutory or constitutional rights of which … a reasonable person would have known.” 1 Because the district court found that prisoners do not have a clearly established right “to recreate free from restraints,” it granted qualified immunity to the defendants. 2
Cited 16 timesPublishedDewey O. Mays, Jr., M.D. v. City of Dayton
134 F.3d 809 · Court of Appeals for the Sixth Circuit · Mar 6, 1998
The district court denied summary judgment on the qualified immunity issue, finding that Gabringer was not entitled to qualified immunity because: (1) the affidavit filed by Gabringer in application for the search warrant … To overcome a defendant’s motion for summary judgment based upon qualified immunity, the plaintiff must: (1) identify a clearly established right alleged to have been violated; and (2) establish that a reasonable officer
Cited 119 timesPublishedJessica 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.
Cited 4 timesPublished845 F.3d 721 · Court of Appeals for the Sixth Circuit · Jan 9, 2017
Jones is entitled to qualified immunity because Sanders cannot establish the violation of a constitutional right. … immunity grounds); see generally Ashcroft v. al-Kidd, 563 U.S. 731, 735 (2011) (holding that a defendant is entitled to qualified immunity unless the plaintiff establishes the violation of a clearly established constitutional
Cited 34 timesPublished
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