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Court of Appeals for the Eighth Circuit · May 19, 2026
Qualified immunity protects government officials from liability unless their actions violated “clearly established statutory or constitutional rights of which a reasonable person would have known.” Kohorst v. … Young had a clearly established right to be free from excessive force as a misdemeanant.
Cited 0 timesPublishedThomas J. Anderson v. Jeffrey L. Larson
327 F.3d 762 · Court of Appeals for the Eighth Circuit · Apr 30, 2003
IV Qualified immunity shields government officials from federal suit unless their conduct violates a clearly established constitutional or statutory right of which a reasonable person would have known. Harlow v. … The inquiry "focuses on the objective legal reasonableness of the official's acts," and the qualified immunity defense fails if the official violates a clearly established right because "a reasonably competent public official
Cited 1 timesPublishedStuart Hamblen v. County of Los Angeles
803 F.2d 462 · Court of Appeals for the Ninth Circuit · Oct 23, 1986
Appellant now complains that an instruction on the good faith/qualified immunity of the individual defendants should not have been given, because the law with respect to unreasonable seizures and excessive force was “clearly … and excessive force was clearly established at the time of the alleged violation.
Cited 26 timesPublishedAmanda Morrison v. Board of Trustees of Green Township
Court of Appeals for the Sixth Circuit · Oct 8, 2009
This right was “clearly established” for qualified immunity purposes at the time of Amanda’s seizure on October 30, 2002. See id. at 641. … Violation of Clearly Established Right Officer Celender finally argues that he is entitled to qualified immunity, even if he violated Amanda’s constitutional rights, because it was not clearly established at the time
Cited 0 timesPublished33 F.3d 368 · Court of Appeals for the Fourth Circuit · Aug 29, 1994
Immunity may thus be established either on the basis that the right allegedly violated was not at the time one “clearly established,” or that, though “clearly established,” it was one that a “reasonable” person in the officer … “clearly established.”
Cited 15 timesPublished596 F.3d 323 · Court of Appeals for the Sixth Circuit · Mar 4, 2010
Qualified Immunity Both Schreiber’s warrantless-entry and excessive-force claims must be analyzed under the framework of the qualified-immunity doctrine. … We also conclude that Schreiber’s right to be free from excessive force was clearly established, so that Moe is not entitled to qualified immunity. 6 The relevant question here is “whether it would be clear to a reasonable
Cited 179 timesPublished78 F.4th 174 · Court of Appeals for the Fifth Circuit · Aug 15, 2023
Qualified Immunity Because the district court held that Lopez had probable cause to arrest Sauceda, it concluded that Sauceda had necessarily failed to overcome Lopez’s qualified immunity defense. … Qualified immunity may nonetheless protect Lopez’s conduct, however, if “a reasonable officer could have believed [the arrest] to be lawful, in light of clearly established law and the information the [arresting]
Cited 13 timesPublishedRichard Rheaume v. The Texas Department of Public Safety
666 F.2d 925 · Court of Appeals for the Fifth Circuit · Feb 1, 1982
his constitutional and state claims, did not address Saffell’s qualified immunity claim. … The fulcrum ... is the existence, at the time of the official’s action, of clearly established judicial decisions that make his action unconstitutional. 651 F.2d at 1121 .
Cited 28 timesPublished44 F. App'x 828 · Court of Appeals for the Ninth Circuit · Aug 16, 2002
violated a constitutional right” that is clearly established. … The district court therefore erred in refusing to grant qualified immunity to Battalino and Duncan. C. Dr. Meyers Keller has also failed to establish a claim against Dr. Meyers. Keller has not alleged that Dr.
Cited 1 timesPublishedRichard Reynolds v. Dawn Jamison and Christopher Darr
488 F.3d 756 · Court of Appeals for the Seventh Circuit · Jun 8, 2007
Darr argued that he was entitled to qualified immunity. … Regardless of these additional arguments, the undisputed facts clearly demonstrate that Officer Darr had probable cause to arrest Reynolds on July 12, 2004 and thus is entitled to qualified immunity.
Cited 152 timesPublishedHernandez Ex Rel. Hernandez v. Foster
657 F.3d 463 · Court of Appeals for the Seventh Circuit · Aug 26, 2011
Qualified Immunity Qualified immunity shields “government actors from liability for civil damages where their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … When making a qualified immunity determination, a court considers (1) whether the plaintiff’s allegations show that the de- fendant violated a constitutional right, and (2) whether that right was “clearly established” at
Cited 138 timesPublishedKelly Rhodes v. State of Mich.
10 F.4th 665 · Court of Appeals for the Sixth Circuit · Aug 24, 2021
established’ prong of the qualified immunity standard.” … immunity because Rhodes’s asserted right was not clearly established at the time of the incident.
Cited 55 timesPublishedCarmita Lewis v. Charter Township of Flint
660 F. App'x 339 · Court of Appeals for the Sixth Circuit · Aug 22, 2016
clearly established at the time of the violation.” … qualified-immunity issue.
Cited 11 timesUnpublished63 F. App'x 44 · Court of Appeals for the Second Circuit · May 15, 2003
Put another way, we have jurisdiction only to consider whether, under the “version of the facts before the district court that is most favorable to [the plaintiff],” the defendants violated clearly established law. … The Defendants here make no effort to argue that retaliation against a government employee for her political speech or associations is anything but a clearly established violation of the Constitution.
Cited 1 timesPublished133 F.3d 301 · Court of Appeals for the Fifth Circuit · Feb 2, 1998
immunity. … Accordingly, Lieutenant Brewer is entitled to qualified immunity. B. On cross-appeal, Newton presents two issues.
Cited 38 timesPublishedStephen Roberts v. Mark Engelke
Court of Appeals for the Fourth Circuit · Jul 7, 2026
Government actors “are entitled to qualified immunity under § 1983 unless (1) they violated a federal statutory or constitutional right, and (2) the unlawfulness of their conduct was clearly established … On this prong of the qualified-immunity analysis, the district court stated, “I find no case law suggesting that it was clearly established in the Supreme Court, the Fourth Circuit, or the Supreme Court
Cited 0 timesPublished776 F.3d 1027 · Court of Appeals for the Ninth Circuit · Jan 22, 2015
The panel nevertheless affirmed the district court’s summary judgment in favor of defendants on the basis of qualified immunity because the constitutional obligation was not clearly established at the time of the conduct. … HAWKS basis of qualified immunity because the constitutional obligation was not clearly established at the time of the conduct.1 FACTUAL BACKGROUND AND PROCEDURAL HISTORY Lester Shinault was incarcerated
Cited 2 timesPublished251 F.3d 844 · Court of Appeals for the Ninth Circuit · Jun 1, 2001
Qualified Immunity The district court also determined that the state officials, in their individual capacity, were entitled to qualified immunity. … . 26 Government officials are given qualified immunity “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” 27 Although the Fourteenth
Cited 56 timesPublished343 F.3d 1323 · Court of Appeals for the Eleventh Circuit · Aug 29, 2003
Is Deputy Cox entitled to qualified immunity? … But Cox is not foreclosed from asserting a qualified immunity defense at trial. If the jury were to accept Cox’s version of the facts, the qualified immunity analysis would be changed.
Cited 191 timesPublishedCourt of Appeals for the Sixth Circuit · Jul 11, 2007
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 … If the plaintiff fails to establish any one of these elements, qualified immunity must be granted. Radvansky v.
Cited 0 timesPublished
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