Case law

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.

Delbert Johnson v. City of Fort Worth

911 F.3d 267 · Court of Appeals for the Fifth Circuit · Dec 19, 2018

To overcome qualified immunity, a plaintiff must show two things: (1) that the allegations make out a constitutional violation, and (2) that the violation of rights was clearly established at the time of the defendant’s conduct … Jul. 22, 1994) (denying qualified immunity for creating a racially hostile work environment which violates a clearly established section 1983 right) 2; Caldwell v. Lozano, 689 F.

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.

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

Headwaters Forest Defense v. The County Of Humboldt

276 F.3d 1125 · Court of Appeals for the Ninth Circuit · Jan 30, 2002

Analysis 11 Under the qualified immunity doctrine, "government officials . . . generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … Spraying the protestors with pepper spray and then allowing them to suffer without providing them water is clearly excessive under the circumstances. 18 We are not prevented from denying defendants qualified immunity merely

Breen v. Texas A&M University

485 F.3d 325 · Court of Appeals for the Fifth Circuit · Apr 24, 2007

Clearly Established Law Defendants in section 1983 cases are nevertheless entitled to qualified immunity from a plaintiff’s claims unless their conduct was objectively unreasonable in light of the clearly established … The Supreme Court has made it clear, however, that courts considering qualified immunity defenses ordinarily should address the issue of clearly established law only if the plaintiff’s allegations establish a constitutional

Tarantino v. Baker

825 F.2d 772 · Court of Appeals for the Fourth Circuit · Aug 10, 1987

Baker's qualified immunity defense. … The order here does so turn, see note 2, infra 2 "Unless the plaintiff's allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement

Domino v. Texas Department of Criminal Justice

239 F.3d 752 · Court of Appeals for the Fifth Circuit · Feb 7, 2001

This court has stated that the test for qualified immunity “is quite familiar: (1) whether the plaintiff has alleged a violation of a clearly established constitutional right; and (2) if so, whether the defendant’s conduct … As discussed above, the first part of the qualified immunity test - whether Domino has alleged a violation of a clearly established constitutional right - depends on whether the summary judgment evidence, viewed in a light

Wood v. City of Lakeland, FL

203 F.3d 1288 · Court of Appeals for the Eleventh Circuit · Feb 16, 2000

Qualified immunity protects government officials who have acted within their discretionary authority from civil trials and other litigation burdens "if their conduct violates no 'clearly established statutory or constitutional … Defendant Thompson is therefore entitled to qualified immunity.

Blank v. Bell

634 F. App'x 445 · Court of Appeals for the Fifth Circuit · Jan 19, 2016

Upon an invocation of qualified immunity, however, “the usual summary judgment burden of proof is altered”. Michalik v. Hermann, 422 F.3d 252, 262 (5th Cir. 2005). … To defeat the defense of qualified immunity, Blank must plead facts to show: a violation of a constitutional or statutory right; and, in the light of clearly established law, Nurse Bell’s conduct was objectively unreasonable

Ronald Curtis v. W. Anthony

710 F.3d 587 · Court of Appeals for the Fifth Circuit · Mar 6, 2013

As in the instant case, the individual defendants asserted qualified immunity defenses. … Such efforts would have “violate[d] clearly established constitutional rights.” Id. (citation omitted).

Margaret Vaughn v. Sutton Ruoff

253 F.3d 1124 · Court of Appeals for the Eighth Circuit · Jun 22, 2001

STANDARD OF REVIEW Qualified immunity protects public officials when "their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known." … Qualified immunity analysis initially asks the following two questions: (1) was there a deprivation of a constitutional right, and, if so, (2) was the right clearly established at the time of the deprivation?

Allen v. Brown

320 F. Supp. 3d 16 · Court of Appeals for the D.C. Circuit · Aug 1, 2018

However, the doctrine of qualified immunity protects government officials from liability "insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would … Qualified Immunity Defendants' qualified immunity argument is similarly premature. Chief Brown is entitled to qualified immunity unless his conduct violated "clearly established" rights.

Peete v. Metropolitan Government of Nashville

486 F.3d 217 · Court of Appeals for the Sixth Circuit · May 22, 2007

clearly established.” … The Court held that Champion’s arrest and restraint by police constituted a clearly established unreasonable seizure under the Fourth Amendment and denied the police officers’ argument that they were entitled to qualified

Anthony Gibson v. Jeffrey Kilpatrick

734 F.3d 395 · Court of Appeals for the Fifth Circuit · Oct 29, 2013

was clearly established. … Discussion To rebut a defendant’s qualified immunity defense, the plaintiff must show: “(1) that the official violated a statutory or constitutional right, and (2) that the right was ‘clearly established’ at the time

Khorrami, Ahmad F. v. Rolince, Michael E.

539 F.3d 781 · Court of Appeals for the Seventh Circuit · Aug 27, 2008

Qualified immunity is the right to be free at the earliest point at which the court can be sure that the government official’s conduct did not violate clearly established statutory or constitu- tional rights that any reasonable … In an interlocutor y appeal from a denial of qualified immunity, the first question is “whether or not certain given facts showed a violation of ‘clearly established law.’ ” Johnson, 515 U.S. at 311; see also Mitchell, 472

Shipp v. McMahon

234 F.3d 907 · Court of Appeals for the Fifth Circuit · Dec 5, 2000

Qualified Immunity The qualified immunity analysis involves a two-step process. First, we examine whether the plaintiff has alleged a violation of a clearly established constitutional right. See Siegert v. … Clearly Established Right When evaluating a claim of qualified immunity under the “clearly established right” prong, a court first must det ermine whether the “‘plaintiff has alleged the deprivation of an actual

Feminist Majority Foundation v. Richard Hurley

911 F.3d 674 · Court of Appeals for the Fourth Circuit · Dec 19, 2018

We have ruled, however, that unpublished opinions “cannot be considered in deciding whether particular conduct violated clearly established law for purposes of adjudging entitlement to qualified immunity.” … Qualified immunity looks both to “whether a constitutional violation occurred” and “whether the right violated was clearly established at the time of the official’s conduct.” Williams v.

Snell v. Tunnell

920 F.2d 673 · Court of Appeals for the Tenth Circuit · Nov 30, 1990

Once a defendant raises the defense of qualified immunity, the plaintiffs must “come forward with facts or allegations to show both that the defendant’s alleged conduct violated the law and that law was clearly established … Hodorowski, 844 F.2d at 1214 (qualified immunity); Austin, 830 F.2d at 1361 (qualified immunity); Meyers, 812 F.2d at 1159 (absolute immunity); Myers v.

Emmanuel Angulo v. Shawn Brown

978 F.3d 942 · Court of Appeals for the Fifth Circuit · Oct 23, 2020

“Qualified immunity shields federal and state officials from money damages unless a plaintiff pleads facts showing (1) that the official violated a statutory or constitutional right, and (2) that the right was clearly … To overcome the officers’ qualified immunity defense on the excessive force claim, Angulo “must show ‘(1) an injury, (2) which resulted directly and only from a use of force that was clearly excessive, and (3) the