Case law

Wernecke v. Garcia

452 F. App'x 479 · Court of Appeals for the Fifth Circuit · Nov 7, 2011

Qualified immunity shields from civil liability government officials performing discretionary functions “insofar as them conduct does not violate clearly established statutory or constitutional rights of which a reasonable … that right was clearly established.

William Geoffery Dobbins v. J.C. Giles

451 F. App'x 849 · Court of Appeals for the Eleventh Circuit · Jan 9, 2012

right, and (2) that the right was clearly established at the time of the challenged conduct.” … the two prongs required to defeat a defense of qualified immunity.

Paul Burritt v. Lisa Ditlefsen

807 F.3d 239 · Court of Appeals for the Seventh Circuit · Nov 30, 2015

“Qualified immunity protects officers performing discretionary functions from civil liability so long as their conduct does not violate dearly established statutory or constitutional rights that a reasonable person would … Once qualified immunity is raised, the plaintiff has the burden of establishing that his or her rights were violated and that the law concerning the proffered right “was clearly established at the time the challenged conduct

Molina-Gomes v. Welinski

676 F.3d 1149 · Court of Appeals for the Eighth Circuit · Apr 30, 2012

Qualified immunity protects government officials from liability under § 1983 unless their conduct violates "clearly established statutory or constitutional rights of which a reasonable person would have known." Hope v. … The test for whether an officer is entitled to qualified immunity depends on: (1) whether the facts alleged by the plaintiff make out a violation of a constitutional right, and (2) whether that right was clearly established

Casondra Pollreis v. Lamont Marzolf

66 F.4th 726 · Court of Appeals for the Eighth Circuit · Apr 27, 2023

“Qualified immunity shields a government official from liability unless his conduct violates ‘clearly established statutory or constitutional rights of which a reasonable person would have known.’” Burns v. … “To defeat qualified immunity, Pollreis must prove that: ‘(1) the facts, viewed in the light most favorable to the plaintiff, demonstrate the deprivation of a constitutional or statutory right; and (2) the right was clearly

Walker v. Schult

45 F.4th 598 · Court of Appeals for the Second Circuit · Aug 16, 2022

established, and thus Defendants were entitled to qualified 3 immunity from claims for damages; and that if they did not have qualified 4 immunity, the damages awarded by the jury should be set aside and 5 judgment … 10 immunity, Walker having no clearly established Eighth Amendment right 11 to relief for such a claim.

Camfield v. City of Oklahoma City

248 F.3d 1214 · Court of Appeals for the Tenth Circuit · May 4, 2001

Kansas Bd. of Regents, 159 F.3d 504, 530 (10th Cir. 1998) (qualified immunity is proper when plaintiff fails to cite any case law which demonstrates the violation of a clearly established constitutional right). … See Albright, 51 F.3d at 1535 (“a defendant is entitled to qualified immunity if the plaintiff fails to show that the 28 law was clearly established”).

Wanda Sowards v. Loudon County, Tennessee and Timothy Guider, Individually and in His Official Capacity as Sheriff of Loudon County, Tennessee

203 F.3d 426 · Court of Appeals for the Sixth Circuit · Mar 24, 2000

Because the law was so clearly established that he could not reasonably take political considerations into account when terminating Sowards, Guider is not entitled to qualified immunity in his individual capacity for Sowards … Therefore, in deciding whether the law was clearly established for the purpose' of qualified immunity, we look for decisions that involve positions with the same or similar statutory duties. 5 .

Chilicky v. Schweiker

796 F.2d 1131 · Court of Appeals for the Ninth Circuit · Aug 12, 1986

With qualified immunity, federal officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate “clearly established” statutory or constitutional … determine whether the law is clearly established.

Technical Ordnance, Inc. v. United States

244 F.3d 641 · Court of Appeals for the Eighth Circuit · Mar 26, 2001

To defeat a government official's claim of qualified immunity, a plaintiff must demonstrate that the official's actions violated a statutory or constitutional right, that the right was clearly established at the time of the … established constitutional right and that as a matter of law he is entitled to qualified immunity.

Rogelio Flores-Abarca v. William Barr, U. S. Atty

Court of Appeals for the Fifth Circuit · Aug 16, 2019

See Valerio-Ochoa, 241 F.3d at 1095–96 (explaining that a conviction for “willfully discharg[ing] a firearm” clearly “qualifies as ‘using’ a firearm under 8 U.S.C. § 1227(a)(2)(C)”); Kuhali, 266 F.3d at 105 (finding that … Oklahoma’s criminal prohibition against transporting loaded firearms in vehicles clearly extends to firearms possessed by passengers.

Mobley v. Palm Beach County Sheriff Department

783 F.3d 1347 · Court of Appeals for the Eleventh Circuit · Apr 15, 2015

Gwinnett County, 967 F.2d 1495 (11th Cir. 1992), a qualified immunity excessive force case. … We read Moore to be articulating the law that was clearly established at the time of the pre-Graham arrest.

Alan McSurely v. John L. McClellan Thomas Ratliff, Individually and as Sometime Commonwealth Attorney for Pike County, Kentucky

697 F.2d 309 · Court of Appeals for the D.C. Circuit · Dec 10, 1982

Qualified Immunity Ratliff’s investigative and administrative activities are entitled to qualified immunity from suit. As we noted earlier, Harlow makes the test for qualified immunity an objective one. … If the law was clearly established, the immunity defense ordinarily should fail, since a reasonably competent public official should know the law governing his conduct.

Good v. Dauphin County Social Services for Children & Youth

891 F.2d 1087 · Court of Appeals for the Third Circuit · Dec 15, 1989

a violation of a clearly established legal right. … action is a violation) violates a clearly established right.

Reams v. Irvin

561 F.3d 1258 · Court of Appeals for the Eleventh Circuit · Mar 9, 2009

She asserts that because she demonstrated that GDA officials violated her clearly established due process rights, the district court erred in concluding that they were entitled to qualified immunity. … Inasmuch as Reams failed to establish a constitutional violation, appel-lees were entitled to qualified immunity.

Ben Collins v. John Nagle

892 F.2d 489 · Court of Appeals for the Sixth Circuit · Dec 22, 1989

Likewise, we find that the totality of facts and circumstances provided Nagle, Martin, Riddle and Brown with sufficient collective knowledge to establish probable cause to believe that M. … Dismissal was proper because it is established beyond a doubt that the appellants cannot prove any set of facts consistent with the allegations that would entitle them to relief. Conley v.

96 Cal. Daily Op. Serv. 627, 96 Daily Journal D.A.R. 982 Brenda Lynne Carnell v. Cheryl Grimm, Chris Sueo, Yamaguchi, Susan Dowsett, Jerry Yoshit Kujiuji, Officer R. Noguchi, Officer P. Thorton, Officer C.K. Flynn, City and County of Honolulu, Officer Earl Penaroza, and John Does 1-10

74 F.3d 977 · Court of Appeals for the Ninth Circuit · Jan 30, 1996

When a law enforcement officer asserts qualified immunity from liability, "the district court must determine whether, in light of clearly established principles governing the conduct in question, the officer objectively could … V. 12 The second step of analysis for a qualified immunity determination is whether under the clearly established law a reasonable officer could have believed that his conduct was lawful. Act Up!

Chicago & North Western Transportation Co. v. Ulery

787 F.2d 1239 · Court of Appeals for the Eighth Circuit · Apr 2, 1986

Mitchell adopted a rule of immediate appealability from orders denying dismissals of complaints on the ground of qualified immunity. … . § 1983 or directly under the Constitution, should not be subjected to the harassment of suit and trial if in fact they took no actions in violation of clearly established constitutional rights.

Jo Ann Eubanks, as Administratrix of the Estate of Joseph Daniel Dehart, Deceased v. Gary Lawson

122 F.3d 639 · Court of Appeals for the Eighth Circuit · Aug 28, 1997

Qualified immunity shields Sheriff Lawson from liability for civil damages as long as his conduct did not violate Dehart’s clearly established constitutional rights. See Harlow v. … If a reasonable officer, acting on the information that was available to Lawson, would have known that his actions violated clearly established law, then Lawson is not entitled to qualified immunity. See Hummel-Jones v.

Moran v. Greco

Court of Appeals for the Second Circuit · Apr 12, 2024

In denying summary judgment on qualified immunity grounds, the district court concluded that “[i]t is clearly established that officers may not gratuitously inflict pain in a manner that is not a reasonable response to … Katz, 533 U.S. 194, 201 (2001), the doctrine of qualified immunity protects a government official from liability unless he or she (1) “violated a constitutional [or federal statutory] right” that (2) “was clearly established