Case law

Bruce v. Ylst

351 F.3d 1283 · Court of Appeals for the Ninth Circuit · Dec 10, 2003

We hold that as to the retaliation claim, defendants are not entitled to qualified immunity. 32 "Government officials enjoy qualified immunity from civil damages unless their conduct violates `clearly established statutory … As this court pointed out in Pratt, "the prohibition against retaliatory punishment is `clearly established law' in the Ninth Circuit, for qualified immunity purposes." 65 F.3d at 806 (citing Schroeder v.

Janet Feliciano v. City of Miami Beach

Court of Appeals for the Eleventh Circuit · Feb 5, 2013

The district court denied the defendant officers qualified immunity on the claim, reasoning that although their initial entry did not violate Feliciano’s clearly established Fourth Amendment rights, they plainly exceeded … The district court rejected the officers’ claims for qualified immunity, but solely on the ground that the scope of their search, particularly of the underwear drawer and kitchen pantry, violated Feliciano’s clearly established

Anthony J. Rowe v. Bryan Lambe

130 F.3d 812 · Court of Appeals for the Eighth Circuit · Nov 28, 1997

Lamb and Ellinger filed a motion for summary judgment based on qualified immunity. … DISCUSSION In an appeal from the denial of a motion for summary judgment based on qualified immunity, we review the legal issue of the existence of qualified immunity de novo. See Sisneros v.

Burchett v. Kiefer

310 F.3d 937 · Court of Appeals for the Sixth Circuit · Nov 19, 2002

The right to be free from “excessively forceful handcuffing” is a clearly established right for qualified immunity purposes, Kostrzewa v. … Pelzer, this right was clearly established for qualified immunity purposes.

Truman v. Orem City

998 F.3d 1164 · Court of Appeals for the Tenth Circuit · Jun 4, 2021

The Fifth Circuit held that even though this constituted a violation of the inmate’s Eighth Amendment rights, the prison officials were entitled to qualified immunity because it was not clearly established that “prisoners … because the unconstitutionality of such acts was clearly established).

Betty Thompson Donald Thompson v. Upshur County, Tx, R.D. Cross, Individually and in His Official Capacity as Sheriff of Upshur County, Tx Paula Whorton, Individually and in Her Official Capacity as Jailer, Upshur County Robert Cromley, Individually and in His Official Capacity as Lieutenant, Upshur County Jail, Betty Thompson Donald Thompson v. Upshur County, Tx, Eugene Tefteller, Individually and in His Official Capacity as Sheriff, Marion County, Tx

245 F.3d 447 · Court of Appeals for the Fifth Circuit · Mar 15, 2001

To ensure that qualified immunity serves its intended purpose, it is of paramount import, during step two, to define "clearly established law" at the proper level of generality. Anderson v. … Thus, the issue as to sheriff Cross's claim of qualified immunity is whether his policies were objectively reasonable in light of then clearly established law.

Michael Easley v. City of Riverside

Court of Appeals for the Ninth Circuit · Apr 3, 2019

An officer is entitled to qualified immunity if his conduct did not violate clearly established law. See Ashcroft v. al-Kidd, 563 U.S. 731, 735 (2011). … 2011 the Supreme Court has disagreed with us six times because we incorrectly determined that the law was clearly established in the qualified immunity context.

United States v. Willy Elmer Sweeten

933 F.2d 765 · Court of Appeals for the Ninth Circuit · Aug 30, 1991

establish that the conviction is a predicate conviction for *770 enhancement purposes. … To rule that a court can only consider the judgment of conviction when some other document, like the indictment or a signed guilty plea, might establish that the conviction in question clearly qualifies as a predicate conviction

Derrick Davis v. City of Little Rock

122 F.4th 326 · Court of Appeals for the Eighth Circuit · Dec 3, 2024

“A public official is entitled to qualified immunity unless (1) the official violated a statutory or constitutional right and (2) the right was clearly established at the time of the challenged conduct.” Adams v. … Detectives Bell and Ison are entitled to qualified immunity as to the execution of the no-knock warrant. B.

Norfleet v. Arkansas Department Of Human Services

989 F.2d 289 · Court of Appeals for the Eighth Circuit · Mar 29, 1993

The defendants appeal the denial of qualified immunity. 2 II. … The district court concluded the law establishing a violation of Taureen's constitutional rights was clearly established at the time of the defendants' actions and that the defendants were not entitled to qualified immunity

Seymour v. City of Des Moines

519 F.3d 790 · Court of Appeals for the Eighth Circuit · Mar 25, 2008

right was clearly established. … Moreover, “allegations of constitutional violations that require courts to balance competing interests may make it more difficult to find the law clearly established when assessing claims of qualified immunity.”

Barbara S. Clanton v. Orleans Parish School Board

649 F.2d 1084 · Court of Appeals for the Fifth Circuit · Jul 6, 1981

We reverse the judgment of the district court on the issue of the defendants’ individual liability for backpay, concluding that the individual defendants established as a matter of law a qualified immunity defense. … the defense of qualified immunity forecloses their personal liability for attorneys’ fees.

Trotter v. Regents of the University of New Mexico

219 F.3d 1179 · Court of Appeals for the Tenth Circuit · Jul 18, 2000

Qualified Immunity Qualified immunity shields "government officials performing discretionary functions . . . ' from liability for civil damages insofar as their conduct does not violate clearly established statutory … Thus, in order to defeat defendants' motion for qualified immunity, Trotter must demonstrate that the defendants violated clearly established federal law when they dismissed her because of poor academic performance.

Kelsey Smith v. Michael Whitsel

134 F.4th 962 · Court of Appeals for the Seventh Circuit · Apr 17, 2025

The court stated that, in 2019, the law clearly established that non-medical jail staff may not ignore a detainee in obvious medical distress. See Dobbey v. Mitchell- Lawshea, 806 F.3d 938, 941 (7th Cir. 2015). … But, as we have repeatedly explained, an interlocutory appeal is available only if this court can review the denial of qualified immunity as a matter of law. Johnson v.

Darrin VanPelt v. City of Detroit, Mich.

70 F.4th 338 · Court of Appeals for the Sixth Circuit · Jun 6, 2023

The district court granted summary judgment to the defendants, holding that Officer Layne didn’t violate VanPelt’s constitutional rights and was thus entitled to qualified immunity. … To overcome qualified immunity, VanPelt must show that Officer Layne (1) violated a constitutional right that was (2) clearly established. Pearson v. Callahan, 555 U.S. 223, 232 (2009).

Armijo v. Perales

Court of Appeals for the Tenth Circuit · Aug 1, 2012

We next turn to the second prong of the qualified immunity test—whether the right violated was clearly established. … police officers in qualified immunity cases.

Brentwood Academy v. Tennessee Secondary School Athletic Ass'n

442 F.3d 410 · Court of Appeals for the Sixth Circuit · Mar 17, 2006

Qualified immunity protects government officials from civil liability for actions taken within their official discretion insofar as these actions do not violate clearly established statutory or constitutional- rights of which … If an official acts within his discretionary authority and asserts qualified immunity, the burden shifts to the plaintiff to prove that the officer violated a right so clearly established that any reasonable official in his

Barnes v. Wright

Court of Appeals for the Sixth Circuit · Jun 2, 2006

Qualified Immunity “[T]he Supreme Court [has] held that ‘government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly … Second, we consider whether the violation involved a clearly established constitutional right of which a reasonable person would have known.

Manning, Steven v. Miller, Gary

Court of Appeals for the Seventh Circuit · Jan 21, 2004

Similarly, Manning is able to meet the second prong of the qualified immunity test: his constitutional due proc- ess right was “clearly established” at the time he asserts it was violated. … Because Manning is able to show that he is asserting a violation of a constitutional right and that the right was clearly established at that time, Agents Buchan and Miller cannot prevail on their qualified immunity claim

Garnett v. Undercover Officer C0039

838 F.3d 265 · Court of Appeals for the Second Circuit · Sep 30, 2016

Qualified immunity is unavailable where, as here, the action violates an accused’s clearly established constitutional rights, and no reasonably competent police officer could believe otherwise. … In Ricciuti , the panel held that fabrication of evidence violated a “clearly established constitutional right[]” and thus the officers were not entitled to qualified immunity.