Case law

Clyde M. Lawson v. Andrew Hulm and Darron Hanzlik, Individually and in Their Official Capacities as State Troopers

223 F.3d 831 · Court of Appeals for the Eighth Circuit · Aug 18, 2000

We *833 conclude that the Troopers were entitled to qualified immunity in this case. We therefore reverse and remand for the entry of such judgment. … alleged right is clearly established; and (3) raise[d] a genuine issue of fact as to whether the official would have known that his alleged conduct would have violated the plaintiffs clearly established right.”

J. Blaine Lewis v. Bruce D. Cowen, Roland H. Lange, and William v. Hickey, Individually

165 F.3d 154 · Court of Appeals for the Second Circuit · Jan 15, 1999

rules that were clearly established at the time it was taken.” … ‘clearly established ..the defendants are not entitled to qualified immunity as to the' plaintiffs first amendment freedom of speech claim.”

Vernon Bonner v. T. C. Outlaw

Court of Appeals for the Eighth Circuit · Jan 9, 2009

The district court denied Outlaw qualified immunity, concluding Bonner alleged the violation of a clearly established constitutional right. … This Court “has taken a broad view of what constitutes ‘clearly -8- established law’ for the purposes of a qualified immunity inquiry.”

Jo Whitlock v. Shawn Brown

Court of Appeals for the Seventh Circuit · Feb 24, 2010

actions were unconstitutional in light of clearly established law? … Brown is entitled to qualified immunity.

White Plains Towing Corp. v. Patterson

991 F.2d 1049 · Court of Appeals for the Second Circuit · Apr 21, 1993

They contended that they had violated no clearly established right of which they should have known. … The Qualified Immunity Defense The doctrine of qualified immunity shields state officials from liability for damages if their actions did not violate “clearly established statutory or constitutional rights of which a reasonable

2554-Cv

Court of Appeals for the Second Circuit · Apr 11, 2016

Without evidence regarding the  11 grounds for Patterson’s decision, we are unable to determine whether his actions were  12 contrary to clearly established law.   … 15 there was no ‘clearly established law’ that such conduct constituted a constitutional  16 violation.”  

Garcia v. Johnson

64 F.3d 669 · Court of Appeals for the Tenth Circuit · Aug 18, 1995

DISCUSSION Qualified Immunity 26 The doctrine of qualified immunity "protects public officials from individual liability in a 1983 action unless the officials violated 'clearly established ... constitutional rights of which … Garcia's clearly established constitutional rights under the Fourth and Fourteenth Amendments. 34 Mr.

Alice L. Ex Rel. R.L. v. Dusek

492 F.3d 563 · Court of Appeals for the Fifth Circuit · Jul 12, 2007

Although qualified immunity is “an entitlement to be free from the burdens of time-consuming pre- trial matters and the trial process itself,” Williams v. … To the extent that Dusek is subject to discovery requests on claims for which she does not or cannot assert qualified immunity, such discovery requests do not implicate her right to qualified immunity.

Plummer v. Quinn

326 F. App'x 571 · Court of Appeals for the Second Circuit · Apr 7, 2009

“Qualified immunity protects officials from liability for civil damages as long as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … available to assert that an immunity defense is established as a matter of law.”); Skehan, 465 F.3d at 105 ("[W]e may resolve whether, as a matter of law, the defendants are entitled to qualified immunity ... because, on

Larry Zubrod v. Shayne Hoch

907 F.3d 568 · Court of Appeals for the Eighth Circuit · Oct 22, 2018

was clearly established at the time of the violation. … The district court determined that the officers were entitled to qualified immunity. Id.

Coker v. Summit County Sheriff's Department

90 F. App'x 782 · Court of Appeals for the Sixth Circuit · Dec 15, 2003

Therefore, Detective Jones did not violate a clearly established constitutional right and is entitled to qualified immunity. b. … Because Coker is unable to establish a violation of a clearly establish right, Sheriff Warren is also entitled to the defense of qualified immunity. 2.

J. Ronnie Jackson v. Charles H. Long, Individually, and in His Official Capacity as Sheriff of Buncombe County, Teresa A. Penland v. Charles H. Long, Individually, and in His Official Capacity as Sheriff of Buncombe County

102 F.3d 722 · Court of Appeals for the Fourth Circuit · Dec 17, 1996

issue whether the federal right allegedly infringed was 'clearly established.' " Id. … This contention raises the legal questions of whether Sheriff Long violated any clearly established constitutional rights of plaintiffs in responding to the inmate's complaint against them and, if the law clearly established

J.H.H. v. O'Hara

878 F.2d 240 · Court of Appeals for the Eighth Circuit · Jun 23, 1989

Qualified Immunity The defense of qualified immunity represents an accommodation of competing social interests whereby officials who knowingly violate the law are held accountable while officials who reasonably perform their … To overcome a defense of qualified immunity, plaintiffs must establish that the “legal norms allegedly violated by the defendants were clearly established at the time of the challenged actions * * Boswell v.

Gorromeo v. Zachares

15 F. App'x 555 · Court of Appeals for the Ninth Circuit · Aug 7, 2001

Qualified Immunity We review de novo the district court’s refusal to grant qualified immunity at the pleading stage in a § 1983 action and must accept the allegations in the Plaintiffs complaint as true. … Because Plaintiff alleges conduct that is patently violative of clearly established, fundamental constitutional rights, the district court did not err in denying qualified immunity, regardless of whether Defendants relied

Kelly v. Bender

23 F.3d 1328 · Court of Appeals for the Eighth Circuit · May 4, 1994

established rights. … Thus, the officers were entitled to qualified immunity on this claim.

Robert Stanley Williams v. Samuel P. Collins, Jr.

728 F.2d 721 · Court of Appeals for the Fifth Circuit · Apr 2, 1984

Second, Harlow —which relied on Nixon’s jurisdictional analysis to establish its own jurisdiction, Harlow, 102 S.Ct. at 2732 n. 1 —placed great emphasis, in its decision to eliminate the subjective prong of qualified immunity … This distinction between absolute and qualified immunity may well not survive Harlow’s language on the function of qualified immunity.

Mark Alfred Garmon v. Robert Foust, (Two Cases)

741 F.2d 1069 · Court of Appeals for the Eighth Circuit · Aug 20, 1984

Foust contends on appeal that he was entitled to qualified immunity as a matter of law. We agree. … Fitzgerald, 457 U.S. 800 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982), the Court held that officials who enjoy qualified immunity “are shielded from liability for civil damages insofar as their conduct does not violate clearly

How v. City of Baxter Springs

217 F. App'x 787 · Court of Appeals for the Tenth Circuit · Feb 22, 2007

Myers was entitled to qualified immunity based on the absence of a constitutional violation, as well as the law not being clearly established. See id. at *9-11. … Myers is entitled to qualified immunity. Thus, we need not decide whether the law *799 was clearly established. See Hinton, 997 F.2d at 782. AFFIRMED.

Levine v. City of Alameda

Court of Appeals for the Ninth Circuit · May 13, 2008

Qualified Immunity [4] The district court properly found that Flint was not per- sonally liable for violating Levine’s due process rights based on qualified immunity. … Under the defense of qualified immu- nity, a government official is immune from civil damages unless his conduct violates a clearly established right of which a reasonable person would have known. Long v.

Domeco Fugenschuh v. Brian Minnehan

130 F.4th 645 · Court of Appeals for the Eighth Circuit · Mar 6, 2025

immunity. … Qualified immunity consists of two questions: whether a constitutional violation occurred; and whether the right violated was clearly established. See Saucier v. Katz, 533 U.S. 194, 201 (2001).