Case law

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

Cole v. Bone

993 F.2d 1328 · Court of Appeals for the Eighth Circuit · May 17, 1993

Government officials performing discretionary functions are shielded from liability for civil damages by qualified immunity as long as their “conduct does not violate clearly established [federal] statutory or constitutional … In other words, to decide whether an official is protected by qualified immunity, a court must determine whether the official’s action was objectively legally reasonable in the light of the legal rules that were clearly established

Barbaro Flores v. Stanley J. Pierce

617 F.2d 1386 · Court of Appeals for the Ninth Circuit · May 7, 1980

On this appeal, moreover, appellants do not raise the question of absolute legislative immunity and even appear to concede that they are entitled to no more than qualified immunity. … In view of this analysis, it was not necessary to instruct the jury as to qualified immunity.

William Payton v. Rush-Presbyterian-St. Luke's Medical Center, Rick Freeman, Anthony Murray and William Blair

184 F.3d 623 · Court of Appeals for the Seventh Circuit · Jul 1, 1999

did not “violate clearly established statutory or constitutional rights of which a reasonable person would have known” when he or she acted. … employed building inspector could not invoke qualified immunity).

Reed v. Woodruff County

7 F.3d 808 · Court of Appeals for the Eighth Circuit · Oct 21, 1993

In addition, the District Court held that the defendants were not entitled to qualified immunity, because the law on deliberate indifference under the Eighth Amendment was clearly established at the time of the incident. … The Supreme Court applied this doctrine to qualified-immunity cases in Mitchell v.

Farmer v. Perrill

275 F.3d 958 · Court of Appeals for the Tenth Circuit · Dec 26, 2001

. §2676, 3 and (2) defendants are entitled to qualified immunity because they did not violate clearly established law. … Jones , 515 U.S. at 313-17 the district court's qualified immunity ruling falls--see, e.g., Medina v. Cram , 252 F.3d 1124, 1130 (10th Cir. 2001).

Justin Johnson v. Jacob Schurman

Court of Appeals for the Eighth Circuit · Jul 29, 2025

Failure to Protect The district court dismissed Johnson’s § 1983 claims based on qualified immunity. … Government officials “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 at the time.”

Phelan, Laura v. Village Lyons IL

Court of Appeals for the Seventh Circuit · Jun 27, 2008

Second, we ask whether the right was clearly established at the time of the alleged violation. Saucier, 533 U.S. at 201; Boyd, 481 F.3d at 526. … Phelan construes this argument as an attempt by Officer Dyas to append a “third prong” to the qualified immunity inquiry: namely, whether the officer’s actions were reasonable even if they violated clearly established law

Charles D. Lindsey v. City of Orrick

Court of Appeals for the Eighth Circuit · Jun 26, 2007

“Generally, government officials are entitled to qualified immunity under section 1983 when executing discretionary functions, unless the officials violate clearly established law.” Beck, 377 F.3d at 889. … This court has “taken a broad view of what constitutes ‘clearly established law’ for the purposes of a qualified immunity inquiry.” Sexton, 210 F.3d at 909 (quoting Boswell v.

Sandsbury Lee v. Richard L. Dugger

902 F.2d 822 · Court of Appeals for the Eleventh Circuit · Jun 4, 1990

The Qualified Immunity Analysis To show that the law is “clearly established” under qualified immunity analysis, it is not enough to assert the violation of a broad or abstract right. Anderson v. … Needless to say, a rule of law need not strictly bind a party to a case in order to be "clearly established" for purposes of qualified immunity.

Jones v. Cunningham

94 F. App'x 447 · Court of Appeals for the Ninth Circuit · Mar 12, 2004

Granting summary judgment to the guards on the ground of qualified immunity is “improper if, under the plaintiffs version of the facts, and in light of the clearly established law, a reasonable officer could not have believed … Accordingly, the district court’s denial of qualified immunity is AFFIRMED.

Delwood C. Collins v. Manuel Marina-Martinez

894 F.2d 474 · Court of Appeals for the First Circuit · Jan 24, 1990

In determining the applicability of such immunity, we focus on the "objective legal reasonableness" of an official's conduct to ascertain whether the conduct infracted clearly established constitutional rights. … necessarily entitled to prevail on the issue of qualified immunity.

Hopkins v. Vaughn

363 F. App'x 931 · Court of Appeals for the Third Circuit · Jan 29, 2010

Discussion “The doctrine of qualified immunity protects government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … Two inquiries govern whether an official is entitled to qualified immunity: (1) whether the facts alleged establish a violation of a constitutional right, and (2) whether the constitutional right at issue was clearly established

Anthony Adamo v. Michael Dillon

539 F. App'x 51 · Court of Appeals for the Third Circuit · Sep 13, 2013

that was clearly established at the time of the challenged conduct.” … In light of the evidence that suggested a horse had been drugged, the Court held “the State was entitled to impose an interim suspension, 3 We review the grant of qualified immunity, including the clearly established

D'aguanno v. Gallagher

50 F.3d 877 · Court of Appeals for the Eleventh Circuit · Mar 29, 1995

Therefore, to overcome defendants' qualified immunity defense, plaintiffs must establish that defendants' conduct violated " 'clearly established statutory or constitutional rights of which a reasonable person would have … Moreover, a district court decision cannot establish constitutional rights for qualified immunity purposes. See Muhammad v.

Adam Locke v. Mya Haessig

Court of Appeals for the Seventh Circuit · Jun 5, 2015

The defense of qualified immunity “protects government officials ‘from liability for civil damages insofar as their con- duct does not violate clearly established statutory or consti- tutional rights of which a reasonable … Clearly Established Law in 2007 and 2008 If we accept the facts asserted by Locke, Haessig’s actions violated clearly established law at time of the violation.

Sheldon Barr v. Robert Abrams, Orestes J. Mihaly, Mark A. Tepper, Rebecca Mullane, William Bottiglieri, and Janey Renee O'COnnOr

810 F.2d 358 · Court of Appeals for the Second Circuit · Jan 28, 1987

Fitzgerald, 457 U.S. 800 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982), because their conduct did not violate clearly established statutory or constitutional rights of which a reasonable person would have known. … Barr further contends that the prosecutors do not have Harlow immunity for this conduct, because they knowingly violated clearly established constitutional rights.

Smoak v. Hall

Court of Appeals for the Sixth Circuit · Aug 25, 2006

A right is “clearly established” for qualified immunity purposes when the contours of the right are sufficiently clear, even if the specific action in question has never been held unlawful. See Sample, 409 F.3d at 698. … established at the time as to deny the defendants the benefits of qualified immunity.

Steven Craig Cooper v. Larry E. Parrish

203 F.3d 937 · Court of Appeals for the Sixth Circuit · Feb 9, 2000

“If the answer is yes, then the second step is to determine whether the right is so ‘clearly established’ that a ‘reasonable official’ would understand that what he is doing violates that right.” … assert a qualified immunity defense.

Joi Brown v. City of Huntsville, AL

Court of Appeals for the Eleventh Circuit · Jun 7, 2010

Qualified Immunity “Qualified immunity offers complete protection for government officials sued in their individual capacities if their conduct ‘does not violate clearly established statutory or constitutional rights … Courts utilize a two-part framework to evaluate qualified immunity claims.14 One inquiry in a qualified immunity analysis is whether the plaintiff’s allegations, if true, establish a constitutional violation. Hope v.