Case law

Ricardo McClinton v. Warden, Baldwin State Prison

Court of Appeals for the Eleventh Circuit · Apr 14, 2026

The district court found that each defendant was entitled to qualified immunity because the defendants did not violate any clearly established law. … Qualified immunity protects government officials from personal liability for their official conduct so long as “their conduct does not violate clearly established statutory or constitutional rights

Turkmen v. Hasty

808 F.3d 197 · Court of Appeals for the Second Circuit · Dec 11, 2015

The Broad Shield of Qualified Immunity Controlling Supreme Court precedent instructs that qualified immunity must be afforded defendants in this case unless the constitutional rights asserted by plaintiffs were so clearly … Pooler and Wesley, JJ., Op., ante at [198], But qualified immunity dictates that damages actions not move forward unless the constitutional right at issue was so clearly established in the particular context of the case as

The People Of Three Mile Island v. Nuclear Regulatory Commissioners

747 F.2d 139 · Court of Appeals for the Third Circuit · Oct 29, 1984

Fitzgerald: The Lower Courts Implement the New Standard for Qualified Immunity Under Section 1983, 132 U.Pa.L.Rev. 901 (1984). 23 The "clearly established" requirement poses at least two ambiguities. … established so as to defeat qualified immunity. 17 40 As stated in Part II, supra, we do not insist on an exact factual match when a general legal proposition is clearly established.

Ernest S. Little v. City of Seattle John Doe Jane Doe, and David Paul

863 F.2d 681 · Court of Appeals for the Ninth Circuit · Feb 2, 1989

The rule as to qualified immunity is that “government officials performing discretionary functions, generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory … Because Little has not shown any violation of a clearly established constitutional right, Paul is not liable. 3.

Andrew F. Glick v. Jerome Koenig

766 F.2d 265 · Court of Appeals for the Seventh Circuit · Jun 13, 1985

Glick could have overcome Poppy’s qualified immunity for any alleged impropriety relating to setting the trial date only by demonstrating that any constitutional rights that were violated “were clearly established at the … Glick failed to overcome Koenig’s qualified immunity by demonstrating that Koenig violated clearly established constitutional rights.

Colleen Curran v. Phillip Aleshire

Court of Appeals for the Fifth Circuit · Aug 27, 2015

The district court then conducted the qualified immunity analysis to assess whether Aleshire violated clearly established law. … Aleshire argues that he is entitled to qualified immunity, even assuming the existence of disputed facts, because none is material to whether his actions were objectively unreasonable in light of clearly established law.

Julio Cesar Andujar v. Jorge Rodriguez

486 F.3d 1199 · Court of Appeals for the Eleventh Circuit · Mar 16, 2007

"Qualified immunity protects government officials performing discretionary functions from suits in their individual capacities unless their conduct violates 'clearly established statutory or constitutional rights of which … that qualified immunity is not appropriate.

Carmen Austell v. Kimberly Sprenger

690 F.3d 929 · Court of Appeals for the Eighth Circuit · Aug 22, 2012

The district court also decided the DHS defendants were protected by qualified immunity because TYBE failed to demonstrate the DHS defendants violated a clearly established constitutional right. … Young, 474 F.3d 1070, 1077 (8th Cir. 2007) (explaining, public officials are entitled to qualified immunity unless their actions “violate clearly established statutory or constitutional rights of which a reasonable person

Whisman Ex Rel. Whisman v. Rinehart

119 F.3d 1303 · Court of Appeals for the Eighth Circuit · Jul 23, 1997

Qualified Immunity Government officials performing discretionary functions are entitled to qualified immunity unless they violate clearly established statutory or constitutional rights of which a reasonable person would … We take a broad view of what constitutes "clearly established" under the qualified immunity analysis. Munz v. Michael, 28 F.3d 795, 799 (8th Cir. 1994).

Cherrington v. Skeeter

344 F.3d 631 · Court of Appeals for the Sixth Circuit · Sep 24, 2003

or has violated “clearly established constitutional rights of which custodian has been placed under arrest. … City of Akron, 326 conclude that the individual Defendants are entitled to F.3d 702, 710 (6th Cir. 2003) (applying a deliberate qualified immunity on the “clearly established

Erin Kosch v. Traverse City Area Pub. Schs.

Court of Appeals for the Sixth Circuit · Jul 26, 2024

Qualified immunity protects government officials “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights.” Harlow v. … Clearly Established Law Separately, even if Kosch established that she was deprived of her continuing tenure, she has not met her burden under qualified immunity’s clearly-established-law prong.

Onie Mae Ward v. Reginald Moore Mike Russell Ollie Collins

414 F.3d 968 · Court of Appeals for the Eighth Circuit · Jul 18, 2005

The defendants moved for summary judgment on the basis of qualified immunity, and the district court denied their motion. The defendants now bring this interlocutory appeal from the denial of qualified immunity. … “[T]he appealable issue is a purely legal one: whether the facts alleged (by the plaintiff, or, in some cases, the defendant) support a claim of violation of clearly established law.” Johnson v.

Donald D. Hemphill Danny Kay Howard Donald Booth v. Lawrence Kincheloe, Warden Amos Reed, Ronald Guilmet Jeffrey Heath v. W.L. Kautzky Lawrence Kincheloe Amos Reed, Belvin L. Carter George Johnson v. W.L. Kautzky Lawrence Kincheloe, Warden Booth Gardner Chase Riveland, Terrence L. Wetmore v. Booth Gardner Walter L. Kautzky Lawrence Kincheloe, Warden Amos Reed James Spaulding, Superintendent Richard Zabor

987 F.2d 589 · Court of Appeals for the Ninth Circuit · Jun 15, 1993

Racansky, 887 F.2d 183, 185 (9th Cir.1989). 10 Prison officials who have implemented a digital rectal probe policy are entitled to qualified immunity if, in light of the clearly established law at the time, a reasonable official … To determine whether this standard is satisfied, we recently established a two-part analysis: "1) Was the law governing the official's conduct clearly established?

Duriex-Gauthier v. Lopez-Nieves

274 F.3d 4 · Court of Appeals for the First Circuit · Dec 14, 2001

Qualified Immunity on First Amendment Claim The general test for qualified immunity is often stated as a two-part test. … The test for qualified immunity in cases involving political firing claims is well established.

Amrine v. Brooks

522 F.3d 823 · Court of Appeals for the Eighth Circuit · Apr 8, 2008

appeal that the only reliable evidence showed that he was actually innocent of the stabbing and that the district court erred by granting qualified immunity to Brooks and Hemeyer because they had violated his clearly established … Qualified immunity is a defense available to government officials if they have not violated “clearly established statutory or constitutional rights of which a reasonable person would have known.” Young v.

Reilly v. City of Atlantic City

532 F.3d 216 · Court of Appeals for the Third Circuit · Jul 1, 2008

First, Appellants argue that even if Reilly’s speech may be protected by the First Amendment, that fact was not clearly established until the Supreme Court’s decision in Garcetti , and therefore they are entitled to qualified … , rather, whether or not certain given facts showed a violation of “clearly established” law.’ ” Id.

McPherson v. Kelsey

125 F.3d 989 · Court of Appeals for the Sixth Circuit · Oct 1, 1997

B Under the doctrine of qualified immunity, government officials “performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory … We conclude that his actions were reasonable and that Sowle was entitled to qualified immunity. Judge Hocking, in our view, was also entitled to qualified immunity.

Alfred D. Fisichelli v. The City Known as the Town of Methuen

884 F.2d 17 · Court of Appeals for the First Circuit · Aug 28, 1989

It is by now well established that the denial of a substantial claim to qualified immunity can be immediately appealed under that exception. See, e.g., Mitchell v. … We note in passing that defendants had — but eschewed — a further opportunity to test the qualified immunity waters.

Susan Wallingford v. Jeff Olson

Court of Appeals for the Eighth Circuit · Jan 25, 2010

Deputy Olson appeals the district court’s denial of qualified immunity. We reverse. I. … a constitutional right’”; and (2) whether the asserted constitutional right is clearly established.

Ivan Hernandez v. Michael F. Sheahan

711 F.3d 816 · Court of Appeals for the Seventh Circuit · Apr 1, 2013

Qualified immunity “protects government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or consti- tutional rights of which a reasonable person would have … No. 12-1941 right and (2) whether that constitutional right was clearly established at the time of the alleged violation.