Case law

Dawkins v. Graham

50 F.3d 532 · Court of Appeals for the Eighth Circuit · Mar 14, 1995

Qualified immunity does not shield the officers from a lawsuit for damages if a reasonable officer would have known the officers' actions violated clearly established law. Hummel-Jones v. … First, the law prohibiting the officers' conduct was clearly established at the time of the raid.

Chalkboard, Inc. Karen M. Hoyt v. Susan Brandt Boyd Dover Lucinda Blair Andy Harclerode Sherry Meredith Lloyd Novick Douglas X. Patino Darwin Cox

879 F.2d 668 · Court of Appeals for the Ninth Circuit · Jul 13, 1989

ABSOLUTE IMMUNITY Defendants first argue that they are absolutely immune. In general, executive officials are protected only by qualified immunity. Butz v. … We conclude that Hoyt, as operator of Chalkboard, had a clearly established due process right to a hearing before her license was suspended, at least in the absence of an emergency—a point we discuss later.

Michelle Lee Helm v. Greg Carroll

Court of Appeals for the Eleventh Circuit · Mar 10, 2021

We therefore conclude that on this summary judgment record T.D.H. has established a violation of the Fourth Amendment. We now turn to the clearly established prong of the qualified immunity inquiry. … Once this Court establishes that the use of force is not entitled to qualified immunity and other officers could have intervened but did not, the Court does not conduct a separate clearly established analysis pertaining

J.D. Hill v. Randy Johnson

160 F.3d 469 · Court of Appeals for the Eighth Circuit · Nov 16, 1998

“Qualified immunity shields government officials from *471 suit unless their conduct violates a clearly established constitutional or statutory right of which a reasonable person would have known.” Id. … Because the Sheriffs 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.

Roger Knell v. Peter B. Bensinger

522 F.2d 720 · Court of Appeals for the Seventh Circuit · Sep 26, 1975

The Supreme Court’s most recent consideration of the concept of the qualified immunity of state executive officers is set forth in Wood v. Strickland, 420 U.S. 308 , 95 S.Ct. 992 , 43 L.Ed.2d 214 (1975). … \While effective access to the courts was'1 clearly established as a principle of due process by 1971, and defendant’s policy necessarily abridged that right during plaintiff’s 15-day commitment to isolation, the issue of

David Walker, for Himself and as Next Best Friend for Cadin Wayne Walker, McKaela Tandi Walker and Andrew Walker Debbie Walker, for Herself, as Personal Representative of the Estate of David Walker, as Next Best Friend for Cadin Wayne Walker, McKaela Tandi Walker and Andrew Walker Patti Walker Stratton Chad Stratton Tyree Lamph, Individually, and for and on Behalf of Dakota ("Cody") Lamph Amy Melissa Lamph, Individually, and for and on Behalf of Dakota ("Cody") Lamph v. City of Orem, a Utah Municipality Harold Peterson, Officer City of Pleasant Grove, a Utah Municipality John Clayton, Officer B.J. Robinson, Officer Gordon Smith, Officer of the Department of Public Safety, Orem City, Individually, Utah County David Bateman, Sheriff of Utah County, in His Official and Individual Capacity Darin Durfey, Detective Patty Johnston, Detective Tom Hodgson, Detective, and Jerry Monson, Sgt. Meret Lance McDaniel Deputy, All of the Utah County Sheriff's Department, in Their Individual Capacities, David Walker, for Himself and as Next Best Friend for Cadin Wayne Walker, McKaela Tandi Walker and Andrew Walker Debbie Walker, for Herself, as Personal Representative of the Estate of David Walker, as Next Best Friend for Cadin Wayne Walker, McKaela Tandi Walker and Andrew Walker Patti Walker Stratton Chad Stratton Tyree Lamph, Individually, and for and on Behalf of Dakota ("Cody") Lamph Amy Melissa Lamph, Individually, and for and on Behalf of Dakota ("Cody") Lamph v. City of Orem, a Utah Municipality City of Pleasant Grove, a Utah Municipality John Clayton, Officer B.J. Robinson, Officer Utah County David Bateman, Sheriff of Utah County, in His Official and Individual Capacity Jerry Monson, Sgt. Darin Durfey, Detective Patty Johnston, Detective Tom Hodgson, Detective Meret Lance McDaniel Deputy, All of the Utah County Sheriff's Department, in Their Individual Capacities Gordon Smith, Officer of the Department of Public Safety, Orem City, Individually, and Harold Peterson, Officer, Debbie Walker, as Personal Representative of the Estate of David Walker, and as Next Best Friend for Cadin Wayne Walker, McKaela Tandi Walker and Andrew Walker David B. Walker, for Himself and as Next Best Friend for Cadin Wayne Walker, McKaela Tandi Walker and Andrew Walker Tyree Lamph Amy Melissa Lamph Patti Stratton Walker Chad Stratton v. Orem City, a Utah Municipality Harold Peterson, Officer Pleasant Grove City, a Utah Municipality B.J. Robinson, Officer Richard Case Utah County David Bateman Jerry Monson Meret Lance McDaniel Gordon Smith (Fnu) Gilbert, and John Clayton, Officer, Debbie Walker, as Personal Representative of the Estate of David Walker, and as Next Best Friend for Cadin Wayne Walker, McKaela Tandi Walker and Andrew Walker David Walker, Sr., for Himself and as Next Best Friend for Cadin Wayne Walker, McKaela Tandi Walker and Andrew Walker Tyree Lamph, and Amy Melissa Lamph, Individually and on Behalf of Dakota ("Cody") Lamph Patti Stratton Walker Chad Stratton v. Orem City, a Utah Municipality Harold Peterson, Officer Pleasant Grove City, a Utah Municipality John Clayton, Officer B.J. Robinson, Officer Richard Case David Bateman, Sheriff of Utah County, in His Official and Individual Capacity Darin Durfey Gordon Smith (Fnu) Gilbert, and Utah County Jerry Monson Meret Lance McDaniel

451 F.3d 1139 · Court of Appeals for the Tenth Circuit · Jun 27, 2006

Plaintiff's version of the facts therefore shows the violation of a clearly-established constitutional right. We must therefore affirm the district court's order denying qualified immunity to Officer Peterson. … That right is also clearly established. We must therefore affirm the district court's denial of qualified immunity to Officer Clayton.

Oscar Santiago v. Kurt Ringle

734 F.3d 585 · Court of Appeals for the Sixth Circuit · Nov 5, 2013

Qualified Immunity Santiago argues that the district court erred when it granted the doctors qualified immunity. … This court generally asks two questions to determine whether prison officials are entitled to qualified immunity: whether “the plaintiff has shown that a constitutional violation occurred” and whether “the right was clearly

Maness v. DIST. COURT, LOGAN COUNTY-NORTHERN DIV.

495 F.3d 943 · Court of Appeals for the Eighth Circuit · Aug 13, 2007

"Qualified immunity protects state actors from civil liability when their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known." Kahle v. … was a deprivation of such a right, whether or not the right was clearly established such that a reasonable person would have realized that his or her actions were unlawful.

Thomas Burnside v. Nueces County, Texas

Court of Appeals for the Fifth Circuit · Dec 11, 2014

clearly established at the time of the challenged conduct. … And, the law is clearly established that such a retaliatory action, if proved, violates the First Amendment.

Sinick v. County of Summit

76 F. App'x 675 · Court of Appeals for the Sixth Circuit · Sep 24, 2003

In considering a claim of qualified immunity on appeal, this Court asks the following three questions: 1) has a constitutional violation occurred; 2) was that right a clearly established right of which a reasonable person … established law.

Russell Earl Shouse v. Karl H. Ljunggren

792 F.2d 902 · Court of Appeals for the Ninth Circuit · Jun 20, 1986

immunity. … (b) Qualified Immunity Defense Ljunggren enjoys a qualified immunity from damages under 42 U.S.C. § 1983 unless his conduct violated “ ‘clearly established statutory or constitutional rights of which a reasonable person would

Michelle Cameron v. Michelle Craig

713 F.3d 1012 · Court of Appeals for the Ninth Circuit · Apr 16, 2013

The County Defendants asserted that the amount of force used was reasonable and that Craig is entitled to qualified immunity because no clearly established law put her on notice that the force employed was excessive. … CRAIG 19 The County Defendants are not entitled to qualified immunity at this juncture as the record does not permit us to decide whether they violated clearly established law.

Supreme Video, Inc. v. Steven Schauz, James Thome, and One or More John Does

15 F.3d 1435 · Court of Appeals for the Seventh Circuit · Feb 10, 1994

State officials, however, can raise qualified immunity as a defense to Section 1983 actions. Anderson v. … Such a proposition never has been established clearly as controlling law within this circuit.

Johnson v. Perry

106 F. App'x 467 · Court of Appeals for the Sixth Circuit · Sep 3, 2004

Qualified immunity. … whether the defendant did acts that violate clearly established rights.”

Estelle Smith v. Richard L. LePage, Jr.

834 F.3d 1285 · Court of Appeals for the Eleventh Circuit · Aug 25, 2016

Second, the violated right was clearly established at the time of the shooting. … Georgia has an analogue to qualified immunity called “official immunity.” See Jordan v. Mosley, 487 F.3d 1350, 1357 (11th Cir. 2007).

Scicluna v. Wells

Court of Appeals for the Sixth Circuit · Oct 2, 2003

Doctrine of qualified immunity suffice. See Fed. R. Civ. … Scicluna testified in his deposition that he told Carrizales of the conflict situation with O’Sullivan and of the relevant “If the law was clearly established, the immunity defense MDOC regulations.

White v. Lee

227 F.3d 1214 · Court of Appeals for the Ninth Circuit · Sep 27, 2000

Was the Law Clearly Established? Having concluded that the plaintiffs have stated a proper First Amendment claim, we next consider whether the HUD officials are entitled to qualified immunity. … In analyzing a claim of qualified immunity, this court asks two related questions: (1) Was the law governing the officials’ conduct clearly established?

Hunt v. Montano

Court of Appeals for the Tenth Circuit · Jul 6, 2022

The district court also erred by finding that the clearly established prong of qualified immunity had been waived for purposes of this motion. … The district court’s provisional denial of qualified immunity, which sought to reserve the clearly established prong for later decision, was therefore improper.

Cyneth K. Dahm v. William F. Flynn, Jr., in Both His Individual and Official Capacities

60 F.3d 253 · Court of Appeals for the Seventh Circuit · Jul 24, 1995

Officials are immune from civil damages, however, if their actions were “objee- *258 tively reasonable, meaning that [if] ‘their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … Conclusion Flynn enjoys qualified immunity for his decision to reorganize Dahm’s job responsibilities.

Shawanna Nelson v. Larry Norris

Court of Appeals for the Eighth Circuit · Oct 2, 2009

Because I believe the “clearly established” prong of the qualified immunity analysis is patently dispositive in this case, I shall primarily address and rely upon that prong. … established prong of the qualified immunity analysis.