Case law

Willie G. Harris v. Coweta County, a Political Subdivision of the State of Georgia, Larry T. Hammett, Sheriff of Coweta Co.

21 F.3d 388 · Court of Appeals for the Eleventh Circuit · May 23, 1994

The district court’s order in relevant part denied the Sheriffs motion for summary judgment based on qualified immunity. 1 The *390 court ruled that the prohibition against cruel and unusual punishment was “undoubtedly clearly … For purposes of qualified immunity, a legal norm is clearly established when “the right the official is alleged to have violated [was] ‘clearly established’ in a more particularized, and hence more relevant, sense: The contours

Michael Melton v. Hunt County

875 F.3d 256 · Court of Appeals for the Fifth Circuit · Nov 13, 2017

Second, the plaintiff must show that “the right was ‘clearly established’ at the time of the challenged conduct.” Id. … clearly established as to the specific facts of the case.”

Danelle Hollingsworth v. City of St. Ann

800 F.3d 985 · Court of Appeals for the Eighth Circuit · Sep 3, 2015

The court ruled that McCallum, King, and Mayberry were entitled to qualified immunity because it was not clearly established at the time of Hollingsworth’s arrest that a use of force that resulted in only de minimis injury … In § 1983 actions, qualified immunity shields government officials from suit unless their conduct violated a clearly established right of which a reasonable official would have known. Harlow v.

Jeffery Mays v. Ronald Sprinkle

992 F.3d 295 · Court of Appeals for the Fourth Circuit · Mar 30, 2021

But, at least in our Circuit, defendants bear the burden of showing that the violation was not clearly established, and they are therefore entitled to qualified immunity. Henry v. … That is enough to overcome qualified immunity and survive a motion to dismiss.

Curley v. Klem

Court of Appeals for the Third Circuit · Aug 24, 2007

a clearly established constitutional right.” … Whether a right was clearly established is the “key immunity question”; we have never permitted a jury to answer that question.

Ann Erwin, Dwight Bleke, Richard Moeller v. Richard M. Daley, Glen Carr, Kelly Welsh

92 F.3d 521 · Court of Appeals for the Seventh Circuit · Sep 18, 1996

To the contrary, qualified immunity shields government officials who are performing discretionary functions from liability for civil damages “insofar as their conduct does not violate clearly established statutory or constitutional … qualified immunity defense is designed to spare the defendants.

Thorne v. City of El Segundo

802 F.2d 1131 · Court of Appeals for the Ninth Circuit · Oct 20, 1986

. § 1983 claim against the individual defendants on grounds of qualified good faith immunity. The City of El Segundo cross-appeals the award of attorneys’ fees to Thorne in the amount of $34,900. … Qualified Immunity Government officials performing discretionary functions are shielded from liability for civil damages if their conduct does not violate “clearly established statutory or constitutional rights of which a

Dwain Barton v. Officer Martin

949 F.3d 938 · Court of Appeals for the Sixth Circuit · Feb 7, 2020

These violations were of clearly established law. Vann, therefore, is not entitled to qualified immunity for all three federal claims. … 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

Redding v. Safford Unified School Dist. No. 1

531 F.3d 1071 · Court of Appeals for the Ninth Circuit · Jul 11, 2008

Because these constitutional principles were clearly established at the time that middle school officials directed and conducted the search, the school official in charge is not entitled to qualified immunity from suit for … The conclusion that Sa-vana’s constitutional rights were not violated rendered consideration of the second step of qualified immunity—whether the right was clearly established—unnecessary.

Beverly Osabutey and Ulysses Gaither v. Larry E. Welch and C.B. Kearney

857 F.2d 220 · Court of Appeals for the Fourth Circuit · Sep 16, 1988

immunity discussed in Anderson . … [the] warrantless search to be lawful, in light of clearly established law and the information the searching officer possessed." — U.S. at-, 107 S.Ct. at 3040 .

Robinson v. Bibb

840 F.2d 349 · Court of Appeals for the Sixth Circuit · May 3, 1988

. * WELLFORD, Circuit Judge. 1 The question in this case is when does a judicial decision operate to strip a public official of good faith immunity by becoming "clearly established" law. … II. 5 A police officer's immunity is qualified, not absolute.

Castillo v. Day

790 F.3d 1013 · Court of Appeals for the Tenth Circuit · Jun 22, 2015

Both defendants moved for summary judgment, asserting they were entitled to qualified immunity. … of that doctrine to Plaintiffs’ claims is not clearly established.

Quinn v. Young

780 F.3d 998 · Court of Appeals for the Tenth Circuit · Mar 13, 2015

As our qualified-immunity jurisprudence permits us to do, we exercise our discretion to proceed straight to the latter question and resolve this claim on the clearly-established-law prong of our qualified-immunity test … Indeed, the Supreme Court has made clear that reciting the overarching requirement of probable cause does not pass muster in a qualified-immunity clearly-established-law assessment.

Good v. Olk-Long

71 F.3d 314 · Court of Appeals for the Eighth Circuit · Dec 8, 1995

This appeal follows. 4 We need only to pass upon the question of qualified immunity. … It is well settled that qualified immunity shields government officials from liability for money damages if their conduct does not violate clearly established statutory or constitutional rights of which a reasonable official

Larry Pounds v. David Griepenstroh, Hugh Barclay, and Louis Lubbehusen

970 F.2d 338 · Court of Appeals for the Seventh Circuit · Aug 6, 1992

A right is “clearly established” for qualified immunity purposes only where “the contours of the right [are] sufficiently clear that a reasonable official would understand that what he is doing violates the right,” and “in … was clearly established.

Jerome Weinmann v. Patrick McClone

787 F.3d 444 · Court of Appeals for the Seventh Circuit · May 27, 2015

constitutional right was clearly established at the time of the alleged viola- tion. … B We now turn to whether the right Jerome is asserting was clearly established at the time of the events.

Spurlock v. Satterfield

167 F.3d 995 · Court of Appeals for the Sixth Circuit · Feb 11, 1999

The district court, however, did review defendant Coarsey's qualified immunity argument, and concluded that solicitation of false testimony for use in prosecuting an individual violates clearly established constitutional … Thus, Satterfield is not entitled to qualified immunity for these alleged acts, because they violated the plaintiffs' clearly established constitutional rights. V.

Timothy Hall v. Blake Navarre

118 F.4th 749 · Court of Appeals for the Sixth Circuit · Oct 3, 2024

Again, our reasoning is limited to the clearly established component of the qualified immunity analysis. … And it is clearly established that Barr is not entitled to qualified immunity because he was “simply following orders.” See Bunkley v.

Devin Jefferson v. George Lias

21 F.4th 74 · Court of Appeals for the Third Circuit · Dec 16, 2021

violate clearly established law. … violate “clearly established” law such that he is entitled to qualified immunity.

Gooden v. Howard County, Maryland

954 F.2d 960 · Court of Appeals for the Fourth Circuit · Jan 23, 1992

C. 28 Gooden further argues that the defendants did not act reasonably in light of clearly established law. … Gooden failed to violate a clearly established constitutional right.