Case law

Jeffrey E. Johnson Bruce Howard Shore, in No. 97-3581 v. Martin F. Horn Raymond J. Sobina, in No. 97-3582

150 F.3d 276 · Court of Appeals for the Third Circuit · Oct 16, 1998

to qualified immunity on those claims is moot. … are entitled to qualified immunity.

Steven Radloff v. City of Oelwein, Iowa Jesse Paul John Reege and Curt Wilkinson

380 F.3d 344 · Court of Appeals for the Eighth Circuit · Aug 17, 2004

Radloff s clearly established statutory or constitutional rights. Winters v. Adams, 254 F.3d 758, 766 (8th Cir.2001). … “[T]o withstand a motion for summary judgment on qualified-immunity grounds, a plaintiff must (1) assert a violation of a constitutional right; (2) demonstrate that the alleged right is clearly established; and (3) raise

Horwitz v. State Board of Medical Examiners

822 F.2d 1508 · Court of Appeals for the Tenth Circuit · Jul 7, 1987

or qualified immunity. … Horwitz’s license and refused to reinstate it until May 1, 1984, they did not violate a clearly established constitutional right of due process. Dr.

Kurt Beathard v. Larry Lyons

129 F.4th 1027 · Court of Appeals for the Seventh Circuit · Feb 27, 2025

Allowing review of such or- ders is consistent with the goal of sparing a public official from the burden of defending a suit and standing trial when the right he is accused of violating was not clearly established at the … - ants were entitled to qualified immunity.

Allen v. Coughlin

64 F.3d 77 · Court of Appeals for the Second Circuit · Aug 24, 1995

Even if established, therefore, qualified immunity is not grounds for dismissing all of Allen’s claims. Allen’s claim for damages is on a somewhat different footing. … As a general rule, government officials are immune from liability for money damages under Section 1983 unless they violate “clearly established statutory or constitutional rights of which a reasonable person would have known

McVae v. Perez

120 F.4th 487 · Court of Appeals for the Fifth Circuit · Oct 30, 2024

The second prong asks whether that right was “clearly established” at the time of the violation. Id. (citing Tolan, 572 U.S. at 656). … If the answer to either prong is “no,” qualified immunity applies. B.

Francisco Carrillo, Jr. v. County of Los Angeles

Court of Appeals for the Ninth Circuit · Aug 26, 2015

The officers filed a motion for judgment on the pleadings based on qualified immunity, arguing it was not clearly established in 1984 that they were bound by Brady’s disclosure requirements. … Ditsch moved for summary judgment, arguing he was entitled to qualified immunity on Carrillo’s Brady claim because it was not clearly established in 1991 that Brady 16 CARRILLO V. CNTY.

James Maben v. Troy Thelen

887 F.3d 252 · Court of Appeals for the Sixth Circuit · Apr 3, 2018

Finally, Thelen argued that he was protected by qualified immunity because Maben had not demonstrated that Thelen violated clearly established statutory or constitutional rights. … 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

Harris v. District Of Columbia

932 F.2d 10 · Court of Appeals for the D.C. Circuit · May 10, 1991

This obligation, according to the court, was clearly established and appellants were therefore not entitled to qualified immunity. See id. at 17-19. … Forsyth, 472 U.S. 511, 526 , 105 S.Ct. 2806, 2815 , 86 L.Ed.2d 411 (1985) ("Unless the plaintiff's allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to

Allen King v. Eric Taylor

694 F.3d 650 · Court of Appeals for the Sixth Circuit · Sep 12, 2012

Taylor seeks to avoid liability by invoking the affirmative defense of qualified immunity. … ’s clearly-established right to be free from deadly force.

Petersen v. Carbon County

156 F.3d 1244 · Court of Appeals for the Tenth Circuit · Aug 6, 1998

June 24, 1998) (qualified immunity). A. Absolute Immunity 7 Mr. … Qualified Immunity 9 Mr.

Arrington v. City of New York

628 F. App'x 46 · Court of Appeals for the Second Circuit · Oct 15, 2015

immunity as a matter of law. 3 Qualified immunity protects public officials from liability where either “(a) the defendant’s action did not violate clearly *49 established law, or (b) it was objectively reasonable for the … Accordingly, Garofalo is entitled to qualified immunity on both claims. 2.

Mabe v. San Bernardino County

237 F.3d 1101 · Court of Appeals for the Ninth Circuit · Jan 24, 2001

Whether governing law was clearly established is a legal determination reviewed de novo. Mitchell v. Forsyth, 472 U.S. 511, 528 , 105 S.Ct. 2806 , 86 L.Ed.2d 411 (1985) (qualified immunity). … The first prong of the qualified immunity test focuses on whether the law governing Perry’s removal of MD from the Mabe home was clearly established.

Bishop v. City of Macon

177 F.3d 1233 · Court of Appeals for the Eleventh Circuit · Jun 10, 1999

On appeal Avera raises only the issue of qualified immunity.1 To survive a motion for summary judgment on grounds of qualified immunity, a plaintiff must show that “when the defendant acted, the law established … However, in light of the subsequent division in lower courts, we cannot say that Patterson so clearly established the law as to strip Avera of qualified immunity. 7 Although we would normally address whether § 1981 has been

Hill v. Johnson

160 F.3d 469 · Court of Appeals for the Eighth Circuit · Dec 21, 1998

"Qualified immunity shields government officials from suit unless their conduct violates a clearly established constitutional or statutory right of which a reasonable person would have known." … Because the Sheriff's conduct did not violate a clearly established constitutional or statutory right of which a reasonable person would have known, the Sheriff and the officers are entitled to qualified immunity.

James Grawey v. T. Drury

Court of Appeals for the Sixth Circuit · May 28, 2009

“was clearly established at the time of defendant’s alleged misconduct.” … Clearly Established Constitutional Right The next step of our qualified immunity analysis is whether the alleged violations involved a constitutional right that was clearly established at the time of the alleged misconduct

Charlesworth R. Martin v. Theodore Thomas, Milo K. Shepard, Robert L. Prater and L.L. Clarkson

973 F.2d 449 · Court of Appeals for the Fifth Circuit · Sep 30, 1992

QUALIFIED IMMUNITY Finally, the defendants claim to have qualified immunity. In Harlow v. … Fitzgerald, 457 U.S. 800 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982), the Supreme Court established an objective test for determining qualified immunity.

Gary Offet v. Herman Solem and Ben Dearduff, Individually and in Their Official Capacities

936 F.2d 363 · Court of Appeals for the Eighth Circuit · Jun 12, 1991

QUALIFIED IMMUNITY As government officials performing discretionary functions, defendants are entitled to qualified immunity from Offet’s damage action unless their conduct violated clearly established law of which a reasonable … Was the unlawfulness of applying South Dakota’s 1981 law to prisoners such as Offet clearly established when defendants acted?

Swindle v. Livingston Parish School Bd.

655 F.3d 386 · Court of Appeals for the Fifth Circuit · Nov 3, 2011

established for purposes of qualified immunity. … This school official acted reasonably and did not contravene any clearly established law. The panel’s denial of qualified immunity is serious error. IV. Conclusion.

Wright v. Whiddon

951 F.2d 297 · Court of Appeals for the Eleventh Circuit · Jan 14, 1992

In order for a right to be clearly established and defeat an official's claim to qualified immunity, 9 [t]he contours of the right must be sufficiently clear that a reasonable official would understand that what he is doing … Wright's parents contend that Garner clearly established the right of a nondangerous suspect to be free of the use of deadly force to effect his capture, and that Ireland is therefore not entitled to qualified immunity. 13