Case law

Harris v. Coweta County

433 F.3d 807 · Court of Appeals for the Eleventh Circuit · Dec 23, 2005

The defendants having established their eligibility for qualified immunity, the burden then shifts to the plaintiff to show that qualified immunity is not appro *812 priate. Lee, 284 F.3d at 1194 . … Is Scott entitled to qualified immunity?

Moffitt v. Town Of Brookfield

950 F.2d 880 · Court of Appeals for the Second Circuit · Dec 20, 1991

legal rules that were 'clearly established' at the time it was taken." … More precisely, furthermore, it had been clearly established that a contract may vest a right or interest that requires due process protection, see Board of Regents v.

Andy Thayer v. Ralph Chiczewski

705 F.3d 237 · Court of Appeals for the Seventh Circuit · Sep 18, 2012

“Qualified immunity protects public officials from liability for damages if their actions did not violate clearly established rights Nos. 10-1974 & 10-2064 15 of which a reasonable … “Qualified immunity shields government officials from civil damages liability unless the official violated a statu- tory or constitutional right that was clearly established at the time of the challenged conduct.” Id.

Neague v. Cynkar

258 F.3d 504 · Court of Appeals for the Sixth Circuit · Jul 25, 2001

Id. 14 This court has held that the right to be free from excessive force is a clearly established Fourth Amendment right. Walton v. City of Southfield, 995 F.2d 1331, 1342 (6th Cir. 1993). … It would not be necessary to make a qualified immunity analysis.

Rucker v. Marshall

119 F.4th 395 · Court of Appeals for the Fifth Circuit · Oct 14, 2024

To deny qualified immunity, a district court must find “that the alleged conduct amounts to a constitutional violation” and that “the right was clearly established at the time of the conduct.” Buehler v. … To establish excessive force, a plaintiff must show “(1) injury, (2) which resulted directly and only from a use of force that was clearly excessive, and (3) the excessiveness of which was clearly unreasonable.” Byrd v.

Jorge E. Cancel Lugo v. Carlos Alvarado, Etc.

819 F.2d 5 · Court of Appeals for the First Circuit · May 26, 1987

The district court ruled that where the discovery was not directed solely at damage issues related to the qualified immunity defense (i.e., “matters of personal motivations, related to the subjective components of the qualified … The qualified immunity inquiry involves not only the question of "whether the legal norms allegedly violated by the defendant were clearly established at the time of the challenged actions,” Mitchell v.

Tina Marie Sellers, by and Through Her Guardian, Natural Mother, and Next Friend, Joann Sellers Albert F. Deuser Phyllis Menke v. Robert J. Baer John J. Frank James E. Mosbacher William H. Young Mayor Vincent Schoemehl Lawrence J. King United States of America, David Vecera, National Park Ranger Edward Bridges, National Park Ranger Dennis Burnett, Chief Ranger, Tina Marie Sellers, by and Through Her Guardian, Natural Mother, and Next Friend, Joann Sellers Albert F. Deuser Phyllis Menke v. Robert J. Baer John J. Frank James E. Mosbacher William H. Young Mayor Vincent Schoemehl Lawrence J. King United States of America, David Vecera, National Park Ranger Edward Bridges, National Park Ranger Dennis Burnett, Chief Ranger, Tina Marie Sellers, by and Through Her Guardian, Natural Mother, and Next Friend, Joann Sellers Albert F. Deuser Phyllis Menke v. Robert J. Baer John J. Frank James E. Mosbacher William H. Young Mayor Vincent Schoemehl Lawrence J. King, United States of America David Vecera, National Park Ranger Edward Bridges, National Park Ranger Dennis Burnett, Chief Ranger

28 F.3d 895 · Court of Appeals for the Eighth Circuit · Aug 16, 1994

established under current law. 6 Accordingly, Vecera, Bridges, Burnett, and King are entitled to qualified immunity. … We hold that the conduct of the officers did not violate a clearly established constitutional right of which a reasonable officer would have known, and the officers therefore are entitled to qualified immunity.

Batyukova v. Doege

994 F.3d 717 · Court of Appeals for the Fifth Circuit · Apr 21, 2021

We AFFIRM the grant of qualified immunity and summary judgment. … An officer is entitled to qualified immunity if the officer’s conduct either did not violate a federal right of the plaintiff or that right was not clearly established at the time of the relevant events.

Eric Thurairajah v. Trooper Lagarian Cross

3 F.4th 1017 · Court of Appeals for the Eighth Circuit · Jul 2, 2021

-4- Specifically, he asserts that, under Arkansas law, “malice” is equated with the “clearly established” prong of federal qualified immunity and that no analysis of Trooper Cross … established, and raised a genuine issue of fact as to whether the official would have known that the conduct violated that clearly established right.

Kovats v. Rutgers, The State University

822 F.2d 1303 · Court of Appeals for the Third Circuit · Jun 30, 1987

The Rutgers officials concede that were it clearly established that Rutgers’ regulations provide for de facto tenure by length of service, they would not be entitled to qualified immunity because Perry and Roth established … The court found that Varma’s claim implicated this clearly established law and, for that reason, denied Rutgers’ motion for summary judgment on the qualified immunity issue.

Stoneking v. Bradford Area School District

882 F.2d 720 · Court of Appeals for the Third Circuit · Aug 16, 1989

Bradford Area School Dist., 667 F.Supp. 1088, 1098 (W.D.Pa.1987). *723 On appeal, defendants argued that they were entitled to qualified immunity because they had no clearly established duty to protect Stoneking, and therefore … The defendants are entitled to qualified immunity if reasonable officials in the defendants’ position at the relevant time could have believed, in light of clearly established law, that their conduct comported with established

Jones v. Buchanan

325 F.3d 520 · Court of Appeals for the Fourth Circuit · Apr 15, 2003

“[T]he next, sequential step is to ask whether the right was clearly established” at the time of the events at issue. Id. … immunity. 7 Thus, years before 1999, it was clearly established that a police officer was not entitled to use unnecessary, gratuitous, and disproportionate force against a handcuffed, secured citizen, who posed no threat

Thomas Patrick Walsh v. Nicholas Mellas and Harry Martin

837 F.2d 789 · Court of Appeals for the Seventh Circuit · Jan 21, 1988

It was not “plain error” for the district court to deny Mellas and Martin qualified immunity. … Defendants’ delay in pursuing the qualified immunity issue has frustrated these important goals.

Hathaway v. Bazany

507 F.3d 312 · Court of Appeals for the Fifth Circuit · Nov 1, 2007

does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … Brosseau, 543 U.S. 194 (2004), makes it highly unlikely that the Hathaways could prevail in establishing that Bazany infringed on a clearly established right because of its emphasis on the “‘hazy border between excessive

Johnson-El v. Schoemehl

878 F.2d 1043 · Court of Appeals for the Eighth Circuit · Jul 17, 1989

of clearly established law. … Creighton, 483 U.S. 635, 640 , 107 S.Ct. 3034, 3039 (1987) (to overcome qualified immunity, a plaintiff must allege that the official violated a clearly established right, the contours of which are sufficiently clear that

Hamilton v. Leavy

322 F.3d 776 · Court of Appeals for the Third Circuit · Feb 28, 2003

Id. 58 Turning to the second prong of the qualified immunity defense, the District Court held that "Hamilton's right to be protected from known risks was clearly established in August 5, 1992." … As we have previously explained, however, "to defeat qualified immunity it is not sufficient that the right at issue be clearly established as a general matter.

Harbert International v. James

157 F.3d 1271 · Court of Appeals for the Eleventh Circuit · Oct 14, 1998

clearly established law. … violate clearly established law, the doctrine of qualified immunity protects him.

Clemmons v. Armontrout

477 F.3d 962 · Court of Appeals for the Eighth Circuit · Feb 12, 2007

Qualified Immunity 10 We review de novo the district court's denial of qualified immunity to Investigator Brooks. McClendon v. … To determine whether a right is "clearly established," we ask "whether it would be clear to a reasonable officer that his conduct was unlawful in the situation he confronted."

Jerry Turpin and Bonnie Turpin v. The County of Rock, Nebraska Galen Svoboda, in His Official Capacity and Jim Anderson, in His Official Capacity

262 F.3d 779 · Court of Appeals for the Eighth Circuit · Aug 21, 2001

Qualified immunity shields governmental officials from personal liability if their actions, even if unlawful, were “nevertheless objectively reasonable in light of the clearly established law at the time of the events in … The inquiry in determining whether the officers are entitled to qualified immunity focuses on whether the Appellants have asserted a violation of a clearly-established constitutional right and, if so, whether there are genuine

Debbie Floyd v. Larry Laws, and City of Sherwood, a Municipal Corporation

929 F.2d 1390 · Court of Appeals for the Ninth Circuit · Apr 30, 1991

Because these rights are clearly established, Floyd contends, defendant Laws was not entitled to a jury instruction on qualified immunity. … If Floyd’s line of reasoning were correct, then any plaintiff could preclude her opponent’s qualified immunity defense simply by alleging violations of clearly established constitutional rights.