Case law

Brian Davis v. Stephen Chalstrom

Court of Appeals for the Seventh Circuit · Dec 23, 2014

 established law.    … First, for Davis to prevail, he must point to  case law clearly establishing that a reasonable inspector would have known that a mere  visual inspection of the outside of a structure, even if done while on the curtilage and

Milligan-Hitt v. Board of Trustees of Sheridan County School District Number 2

523 F.3d 1219 · Court of Appeals for the Tenth Circuit · Apr 22, 2008

We also conclude that in early 2003, the discrimination at issue here—on the basis of sexual orientation—was not clearly established to be unconstitutional, and therefore that qualified immunity protects the superintendent … Because the law did not clearly forbid Mr. Dougherty’s alleged actions at the time, he has qualified immunity from personal suit.

Thomas P. Hughes v. Tarrant County Texas, Hon. Roy English, Dionne Bagsby, Bob Hampton, J.D. Johnson, O.L. Watson, Tim Curry, Ray Rike

948 F.2d 918 · Court of Appeals for the Fifth Circuit · Nov 29, 1991

to qualified immunity. … To do so, would be to require the commissioners, but not the district attorney and his assistant, to know the clearly established law.

Hernandez v. Ridley

734 F.3d 1254 · Court of Appeals for the Tenth Circuit · Nov 13, 2013

Our review of a rejected motion to dismiss based on qualified immunity is de novo. Id. … “The doctrine of qualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable

Ambrose v. Young

474 F.3d 1070 · Court of Appeals for the Eighth Circuit · Jan 23, 2007

Qualified Immunity Analysis 33 The officials next argue they are entitled to qualified immunity even under the deliberate indifference standard. … immunity analysis in the affirmative, we turn to the second prong and ask whether the law was clearly established at the time of Ambrose's death, such that a reasonable officer would understand his conduct violated the law

John Walker v. Dr. Ivy Benjamin, Dr. Adrian Feinerman, Dr. Ansar Ansari, Dr. Virgilio Pilapil, Pamela Dunbar and Vickie Rowland

293 F.3d 1030 · Court of Appeals for the Seventh Circuit · Jun 18, 2002

Qualified immunity protects government officials from civil liability when performing discretionary functions so long as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … To overcome the defense of qualified immunity, a plaintiff must show the deprivation of a constitutional right, and must also show that the right was clearly established at the time of the violation.

Mcgreevy v. Stroup

413 F.3d 359 · Court of Appeals for the Third Circuit · Jun 28, 2005

Defendants are entitled to qualified immunity only if the constitutional or statutory violation alleged is not clearly established. 16 1. … established' for the purposes of the Harlow qualified immunity standard."

International Union, United Automobile, Aerospace & Agricultural Implement Workers Of America, Local 737 v. Auto Glass Employees Federal Credit Union

72 F.3d 1243 · Court of Appeals for the Sixth Circuit · Feb 23, 1996

Because in the plaintiffs' view these rights were clearly established under the NLRA, Carver was not entitled to qualified immunity. … Once a government official raises the defense of qualified immunity, the plaintiffs must plead and prove with some particularity the existence of a clearly established right that the official is alleged to have violated.

Williams v. City Of Albany

936 F.2d 1256 · Court of Appeals for the Eleventh Circuit · Aug 28, 1991

Lack of good faith may be proved by showing that the public official's actions violated clearly established constitutional law. Hudgins v. … immunity, that defendants' actions were of the type that a reasonable police investigator would know violated the suspect's clearly established constitutional rights.

Estate of Arrington Ex Rel. Arrington v. Michael

738 F.3d 599 · Court of Appeals for the Third Circuit · Dec 24, 2013

He claims both qualified and statutory immunity. … Since his conduct falls squarely within the immunity established by the Child Safety Lock Act of 2005, 18 U.S.C. § 922(z)(3), we need not address his claim for qualified immunity and will reverse the decision of the District

Gates v. Texas Deparment of Protective & Regulatory Services

537 F.3d 404 · Court of Appeals for the Fifth Circuit · Jul 31, 2008

clearly established. … If the law was not clearly established at the time of the alleged constitutional violation, the individual defendants are entitled to qualified immunity. See Aucoin, 306 F.3d at 272.

Curtis Wells, Jr. v. Javier Fuentes

Court of Appeals for the Fourth Circuit · Jan 22, 2025

At step two, qualified immunity allows the official to beat the plaintiff’s claim by showing that the asserted right was less than “clearly established” at the time of the conduct. Plumhoff v. … Because Wells did not have a clearly established right in 2020, the police are entitled to qualified immunity.

Cohen v. San Bernardino Valley College

92 F.3d 968 · Court of Appeals for the Ninth Circuit · Aug 19, 1996

Qualified Immunity “We review de novo a district court’s decision on qualified immunity in a section 1983 action.” Newell v. Sauser, 79 F.3d 115, 117 (9th Cir.1996). … clearly established statutory or constitutional rights of which a reasonable person would have known.

Hegarty v. Somerset County

53 F.3d 1367 · Court of Appeals for the First Circuit · May 17, 1995

The Qualified Immunity Doctrine 2. … The Qualified Immunity Analysis 3.

Moore v. City of Oklahoma City

505 F. App'x 780 · Court of Appeals for the Tenth Circuit · Dec 17, 2012

Qualified Immunity Qualified immunity protects public officials performing discretionary functions unless their conduct violates “clearly established statutory or constitutional rights of which a reasonable person … whether certain facts establish the violation of clearly established law.

Doby v. Hickerson

120 F.3d 111 · Court of Appeals for the Eighth Circuit · Jul 14, 1997

Qualified Immunity 6 Under the doctrine of qualified immunity, a government official is immune from suit unless the complained of conduct violated "clearly established statutory or constitutional rights of which a reasonable … In our view, the district court drew a reasonable line, and correctly concluded that this case did not present "extraordinary circumstances" that justify qualified immunity despite a violation of clearly established law.

Bobbie J. Coleman, Administratrix of the Estate of Billy Wayne Coleman, Jr., Deceased v. Dave Parkman, St. Francis County Sheriff Doris Halbert, Chief Jail Administrator, Gannen Lee Manthey, Jailer Hank Leary, Captain, Henry Thomas, Deputy John and Jane Does, 1-5, Bobbie J. Coleman, Administratrix of the Estate of Billy Wayne Coleman, Jr., Deceased v. Dave Parkman, St. Francis County Sheriff Doris Halbert, Chief Jail Administrator, Gannen Lee Manthey, Jailer Hank Leary, Captain Henry Thomas, Deputy John and Jane Does, 1-5

349 F.3d 534 · Court of Appeals for the Eighth Circuit · Nov 12, 2003

QUALIFIED IMMUNITY AND PRISONER-SUICIDE CASES 15 When a defendant asserts qualified immunity, we must perform two inquiries in "proper sequence." Saucier v. … Appellants do not argue that the right was not "clearly established" as defined by Saucier.

Mena v. City of Simi Valley

226 F.3d 1031 · Court of Appeals for the Ninth Circuit · Sep 22, 2000

In deciding whether Defendants are entitled as a matter of law to qualified immunity, we must accept the facts in the light most favorable to the Plaintiffs and then determine whether, in light of clearly established principles … Defendants maintain, however, that' they are entitled to qualified immunity because the officers reasonably could have believed that their conduct was lawful under the clearly established law. A.

Murphy v. State of Arkansas

127 F.3d 750 · Court of Appeals for the Eighth Circuit · Oct 15, 1997

Qualified Immunity. 14 The individual defendants argue that the district court erred in denying their motion for summary judgment on qualified immunity grounds. … A right is clearly established, for qualified immunity purposes, if the "contours of the right [are] sufficiently clear that a reasonable official would understand that what he is doing violates that right." Anderson v.

James Bankhead v. Kurt Knickrehm

360 F.3d 839 · Court of Appeals for the Eighth Circuit · Mar 11, 2004

record] . . . support a claim of violation of clearly established law." … nature of our qualified-immunity jurisdiction does not prevent us from saying so.