Case law

Motley v. Parks

432 F.3d 1072 · Court of Appeals for the Ninth Circuit · Dec 29, 2005

If the right was hot clearly established, the qualified immunity doctrine shields the officer from further litigation. Id. … Qualified Immunity Having determined that Motley’s factual allegations, if true, establish a constitutional violation, we turn our attention to evaluating whether the law was clearly established such that a reasonable officer

Warnock v. Pecos County, Texas

116 F.3d 776 · Court of Appeals for the Fifth Circuit · Jul 3, 1997

The judges filed a response in which they argued that they were entitled to qualified immunity. … Clearly established law will not defeat qualified immunity if “an objectively reasonable view of the facts” might lead an official not to realize that he was breaking the law. Matherne v.

Robin Hill v. Kevin McKinley

311 F.3d 899 · Court of Appeals for the Eighth Circuit · Nov 26, 2002

Although we conclude that the facts establish a constitutional violation, we believe the defendants were entitled to qualified immunity on the ground that their actions did not violate clearly established law. … Helms, 482 U.S. 755, 759-60 , 107 S.Ct. 2672 , 96 L.Ed.2d 654 (1987) (qualified immunity dismissal of § 1983 claim where constitutional violation found but right was not clearly established precludes § 1988 award of attorney

Beard v. Whitmore Lake School District

402 F.3d 598 · Court of Appeals for the Sixth Circuit · Apr 4, 2005

denied the teachers’ request for qualified immunity. … Conclusion Because the searches in this case did not violate clearly established law, the defendants are entitled to qualified immunity. The denial of summary judgment is accordingly REVERSED.

David Wadkins v. Robert Arnold, and the First Bank & Trust Company

214 F.3d 535 · Court of Appeals for the First Circuit · Jun 2, 2000

Second, even if the arrest of Wadkins violated a clearly established constitutional right, Detective Arnold maintains that he is nevertheless entitled to qualified immunity because he acted reasonably; that is, a reasonable … See Pritchett, 973 F.2d at 316 (“[T]he most obvious possibility [of exceptional circumstances supporting qualified immunity despite the violation of a clearly established constitutional right] is mistaken official advice

Pittman v. Cuyahoga County Department of Children & Family Services

640 F.3d 716 · Court of Appeals for the Sixth Circuit · May 20, 2011

The doctrine of qualified immunity protects “government officials performing discretionary functions . . . from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … She therefore is entitled to qualified immunity. A.

Angel Mendez v. County of Los Angeles

Court of Appeals for the Ninth Circuit · Mar 2, 2016

The court also held that its conclusions in each respect were supported by clearly established law and that the officers were not entitled to qualified immunity. … In the absence of clearly established law that squarely governs the situation here, qualified immunity is appropriate on the knock-and-announce claim. Id. at 309.

Lee v. Young

533 F.3d 505 · Court of Appeals for the Seventh Circuit · Jun 24, 2008

A two-part test is used to ascertain whether qualified immunity exists. First, the plaintiff must establish that the actions of the defendant violated his constitutional rights. Triad Associates, Inc. v. … Since this right was clearly established in 1998-1999, it was also clearly established during the relevant period of time here, 2001-2002.

Fairchild v. Coryell Cty

40 F.4th 359 · Court of Appeals for the Fifth Circuit · Jul 14, 2022

IV The jailers, however, can assert qualified immunity. They are liable for unlawful conduct only if their actions violated “clearly established” constitutional rights. Pearson v. … Timpa, 20 F.4th at 1028–29 (explaining that qualified immunity may provide a defense at the early stages of an encounter but not later stages when the continued use of force violates clearly established law); Aguirre

Karla Kaye Kuehl v. Stephen P. Burtis Terry Satterlee Other John Doe City of Sioux Falls Ezekial James McBeth

173 F.3d 646 · Court of Appeals for the Eighth Circuit · Mar 29, 1999

We reject this challenge, but we must first establish our jurisdiction to hear the case. When a district court’s denial of a claim of qualified immunity turns upon an issue of law, it is an appealable “final decision.” … In determining whether the district court should have granted summary judgment on the basis of qualified immunity, we must consider whether Kuehl has alleged a violation of a clearly-established constitutional right and whether

Nebraska Beef, Ltd. v. Greening

398 F.3d 1080 · Court of Appeals for the Eighth Circuit · Feb 28, 2005

, the issue whether the federal right allegedly infringed was ‘clearly’ established.” 516 U.S. 299, 313 (1996) (internal citations and quotations omitted) (original emphasis). … We stated in Buchholz, citing Drake, that “[i]f defendants prevail on [establishing that Buchholz has no cause of action], ‘it follows a fortiori’ they are entitled to qualified immunity.” Id. at 865.

Johnson v. Bay Area Rapid Transit District

724 F.3d 1159 · Court of Appeals for the Ninth Circuit · Jul 30, 2013

The reasonable officer avoids committing acts that have been clearly established as unconstitutional—for example, handcuffing a prisoner to a fence for a long period of time—as well as other, similar acts, like handcuffing … We note that the specific quantum of force involved in using a Taser was not clearly established at the time that Pirone merely threatened its use, see Bryan v.

Brigitte Wright v. Tony E. Sims

417 F.3d 879 · Court of Appeals for the Eighth Circuit · Aug 8, 2005

Qualified Immunity “Government officials who perform discretionary functions are entitled to qualified immunity unless their alleged conduct violated clearly established federal constitutional or statutory rights of which … If the answer is no, we grant qualified immunity. If the answer is yes, we go on to determine “whether the right was clearly established.” Id.

Cullinan v. Abramson

128 F.3d 301 · Court of Appeals for the Sixth Circuit · Dec 18, 1997

The grounds on which the defendants relied included both absolute immunity and qualified immunity. … Plaintiffs would be able to convert the rule of qualified immunity that our cases plainly establish into a rule of virtually unqualified liability simply by alleging violation of extremely abstract rights."

Douglas Rush v. Barbara Perryman

Court of Appeals for the Eighth Circuit · Sep 3, 2009

The court denied the Board qualified immunity with respect to Rush's First and Fourteenth Amendment claims, finding that Rush's rights under those provisions were clearly established. … The court concluded that the Board was not entitled to qualified immunity because Rush's right to a name-clearing hearing was clearly established.

Nathan Rinne v. Camden County

65 F.4th 378 · Court of Appeals for the Eighth Circuit · Apr 13, 2023

Hasty moved to dismiss on the basis of qualified immunity. … A public official enjoys qualified immunity from suit under 42 U.S.C. § 1983 unless a plaintiff shows that the official’s alleged conduct violated one of the plaintiff’s clearly established constitutional rights.

Hazel L. Wilson v. Steve Northcutt, Individually and in His Official Capacity as Mayor of the City of Malvern, Arkansas, City of Malvern, Arkansas

441 F.3d 586 · Court of Appeals for the Eighth Circuit · Mar 21, 2006

Qualified immunity protects government officials from the costs of trial and the burdens of broad discovery unless their discretionary acts violated clearly established statutory or constitutional rights. Harlow v. … Northcutt is entitled to qualified immunity. C. Towing the Café Fish.

S.R. Nehad v. Neal Browder

929 F.3d 1125 · Court of Appeals for the Ninth Circuit · Jul 11, 2019

Qualified Immunity A government official’s entitlement to qualified immunity depends on “(1) whether there has been a violation of a constitutional right; and (2) whether that right was clearly established at the time … Browder is therefore not entitled to qualified immunity under the clearly established prong. D.

Leiser v. Moore

903 F.3d 1137 · Court of Appeals for the Tenth Circuit · Sep 6, 2018

The defense of qualified immunity “shields public officials from damages actions unless their conduct was unreasonable in light of clearly established law.” … We can resolve this appeal by considering only the clearly-established prong of the qualified- immunity defense. See Bowling v.

Sova v. City of Mt. Pleasant

142 F.3d 898 · Court of Appeals for the Sixth Circuit · Apr 24, 1998

LaLone and Officer Shell are entitled to qualified immunity. Police officers are afforded qualified immunity for their discretionary functions, Pierson v. … "Unless the plaintiff's allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery."