Case law

Torcasio v. Murray

57 F.3d 1340 · Court of Appeals for the Fourth Circuit · Jun 29, 1995

. — was clearly established. … “In analyzing a claim of qualified immunity it is ... necessary first to identify the specific ... right allegedly violated, then to inquire whether at the time of the alleged violation it was clearly established, then further

Charles Dewey Latimore v. George Widseth, Assistant Hennepin County Attorney

7 F.3d 709 · Court of Appeals for the Eighth Circuit · Oct 12, 1993

“Qualified immunity protects a government official from suit if, at the time of the challenged acts, it was not clearly established that those actions would violate clearly established law of which a reasonable person would … action is a violation) violates a clearly established right.”

Musso v. Hourigan

836 F.2d 736 · Court of Appeals for the Second Circuit · Jan 5, 1988

In reaching this result, the Court noted that the doctrine of qualified immunity rests on the belief that “where an official’s duties legitimately require action in which clearly established rights are not implicated, the … Qualified Immunity Under the doctrine of qualified immunity, a government official performing discretionary functions is protected from *742 personal liability to the extent that his “conduct does not violate clearly established

Patrick F. McBride and Sonya S. McBride v. Steven H. Taylor and Dwight A. Sewall

924 F.2d 386 · Court of Appeals for the First Circuit · Jan 30, 1991

General Principles of Qualified Immunity ■ Public officials performing discretionary functions enjoy qualified immunity from civil damages liability “insofar as their conduct does not violate clearly established statutory … This Court will not go so far as to hold that a district court’s entering of a temporary injunction creates clearly established constitutional rights barring an official’s entitlement to qualified immunity.

A.C. v. Erica Cortez

34 F.4th 783 · Court of Appeals for the Ninth Circuit · May 13, 2022

The district court also ruled that the individual Defendants are entitled to qualified immunity because Plaintiffs failed to show “that there was a constitutional deprivation” and, even if there were, “it was not clearly … We conclude that Gonzalez cannot be viewed as identifying a constitutional right for qualified immunity purposes or otherwise.

Meeker v. Edmundson

415 F.3d 317 · Court of Appeals for the Fourth Circuit · Jul 13, 2005

Moreover, the district court refused to dismiss this claim against Coach Edmundson on the basis of qualified immunity, reasoning that "at the time of the alleged incidents, it was clearly established that a state actor could … Only if a plaintiff alleges the violation of a clearly established constitutional right does his com- plaint survive a motion to dismiss on qualified immunity grounds. A.

Mahler v. Gatten

40 F. App'x 415 · Court of Appeals for the Ninth Circuit · May 10, 2002

The question properly before us, then, is whether, after drawing all reasonable factual inferences in favor of Mahler, qualified immunity was appropriately denied. … In evaluating a claim of qualified immunity, we first ask whether the facts alleged show the officer’s conduct violated a constitutional right.

Workman v. Jordan

958 F.2d 332 · Court of Appeals for the Tenth Circuit · Mar 16, 1992

Discovery should not be allowed until the court resolves the threshold question whether the law was clearly established at the time the allegedly unlawful action occurred. Id. … fail[ ] to show that his or her conduct violated clearly established law of which a reasonable person would have known,” or the defendant can raise the immunity issue in a summary judgment motion.

Karen Jo Barrow v. Greenville Independent School District, Herman Smith, Dr.

332 F.3d 844 · Court of Appeals for the Fifth Circuit · Jun 2, 2003

Herman Smith, on the ground of qualified immunity, and certified it as final. 1 We reverse. … The district court determined that Barrow had failed to allege the violation of a clearly established constitutional right in 1998 and that Smith was therefore entitled to qualified immunity.

T.S. Ex Rel. J.S. v. Doe

742 F.3d 632 · Court of Appeals for the Sixth Circuit · Feb 5, 2014

The court went on to hold that Masters clearly established the right for both adults and juveniles to be free from strip searches absent individualized suspicion and, accordingly, denied qualified immunity to the defendants … We note, however, that the touchstone of qualified immunity in general, and the clearly-established-law inquiry in particular, is objective good faith. See Harlow v. Fitzgerald, 457 U.S. 800, 815 (1982).

Geter v. Fortenberry

849 F.2d 1550 · Court of Appeals for the Fifth Circuit · Jul 26, 1988

Qualified immunity shields only that conduct not violative of clearly established constitutional [or statutory] rights of which a reasonable person would have known. … immunity defense if he procures false identification by unlawful means or deliberately conceals exculpatory evidence, for such activity violates clearly established constitutional principles.

Arkansas Public Service Commission v. Federal Energy Regulatory Commission

712 F. App'x 3 · Court of Appeals for the D.C. Circuit · Jan 30, 2018

Hare v. City of Corinth, Miss.

135 F.3d 320 · Court of Appeals for the Fifth Circuit · Feb 12, 1998

B. 39 The second prong of the qualified immunity test is better understood as two separate inquiries: whether the allegedly violated constitutional rights were clearly established at the time of the incident; and, if so, … Jones, 515 U.S. 304, 314 , 115 S.Ct. 2151, 2156 , 132 L.Ed.2d 238 (1995)). 54 Accordingly, for this appeal on qualified immunity, the subjective deliberate indifference standard serves only to demonstrate the clearly established

Jenkins ex rel. Hall v. Talladega City Board of Education

115 F.3d 821 · Court of Appeals for the Eleventh Circuit · Jun 2, 1997

The "make specific” standard is substantially higher than the "clearly established” standard used to judge qualified immunity in section 1983 cases. Id. at 1393. … In this circuit, the law can be "clearly established” for qualified immunity purposes only by decisions of the U.S.

Vaughn v. Ruoff

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

STANDARD OF REVIEW 4 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." Harlow v. … 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?

Gina Torres v. Lance Coats

39 F.4th 494 · Court of Appeals for the Eighth Circuit · Jul 1, 2022

“Qualified immunity is a shield from civil liability for officers whose conduct ‘does not violate “clearly established statutory or constitutional rights of which a reasonable person would have known.”’” … Appellants’ remaining argument concerns the second step of the qualified immunity analysis: whether Hammett’s Fourth Amendment right to be free from excessive force was clearly established in June 2017.

Reavis v. Frost

967 F.3d 978 · Court of Appeals for the Tenth Circuit · Jul 28, 2020

There, we reversed the district court’s grant of qualified immunity with respect to the final shots because “Officer Chaffee violated clearly established law if he shot Mr. … “‘[G]eneral statements of the law’ can clearly establish a right for qualified immunity purposes if they apply ‘with obvious clarity to the specific conduct in question.’”

Malik v. Brown

71 F.3d 724 · Court of Appeals for the Ninth Circuit · Nov 28, 1995

WRIGHT, Circuit Judge: In this qualified immunity case we decide whether a prisoner’s First Amendment right to use his religious name in conjunction with his committed name on outgoing mail was clearly established in 1990 … “[I]n the absence of binding precedent, a court should look to whatever decisional law is available to ascertain whether the law is clearly established” for qualified immunity purposes, Capoeman v.

Thomas E. Terrell v. Steve Smith

668 F.3d 1244 · Court of Appeals for the Eleventh Circuit · Jan 30, 2012

After thorough review, we conclude that Officer Smith is entitled to qualified immunity. … qualified immunity, even in the total absence of case law.”

Burton v. St. Louis Board of Police Commissioners

731 F.3d 784 · Court of Appeals for the Eighth Circuit · Sep 24, 2013

"Qualified immunity shields government officials from [personal] liability in a § 1983 action unless the official's conduct violates a clearly established constitutional or statutory right of which a reasonable … was clearly established at the time of the defendant's alleged misconduct."