Case law

Duy Ngo v. Charles Storlie

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

were objectively reasonable in light of clearly established law. … Here, we must ask whether Ngo’s right to be free from excessive force is clearly established.

Norman Carpenter v. Deputy Harold Gage

686 F.3d 644 · Court of Appeals for the Eighth Circuit · Jul 27, 2012

In § 1983 claims, qualified immunity shields government officials from liability and the burdens of litigation unless their conduct violated a clearly established constitutional or statutory right of which a reasonable official … To overcome the deputies’ assertion of qualified immunity, Carpenter must produce sufficient evidence to create a genuine issue of fact as to whether they violated a clearly established right. A.

Tommy Hopkins v. John Saunders

199 F.3d 968 · Court of Appeals for the Eighth Circuit · Dec 16, 1999

The officials moved for summary judgment on qualified immunity and Eleventh Amendment immunity grounds. … Our jurisdiction over an interlocutory appeal challenging a district court’s denial of qualified immunity “is limited to the resolution of the issue of qualified immunity.” Mettler v.

Steven D. Brindley and National Pawn and Discount of Saginaw, Inc. v. A. George Best, II James Massey David Andrews Mark Lively Michael McCullen John Todd Charles S. Brown Richard Mainprize and City of Saginaw, Steven D. Brindley and Kellie Sue Brindley v. A. George Best, II James Massey David Andrews Mark Lively Michael McCullen John Todd Charles Brown Richard Mainprize City of Saginaw and Saginaw Police Department, Southfield Gold & Diamond, Inc. v. Mark Dougavito Charles Brown John Todd Troy Jolin Thomas McIntyre County Sheriff and (Fnu) Chiunti

192 F.3d 525 · Court of Appeals for the Sixth Circuit · Sep 22, 1999

Qualified Immunity 22 Government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate "clearly established statutory or constitutional … from liability, because they were performing discretionary functions, and their actions did not violate clearly established rights.

Chicago & North Western Transportation Co. v. Ulery

787 F.2d 1239 · Court of Appeals for the Eighth Circuit · Apr 2, 1986

Mitchell adopted a rule of immediate appealability from orders denying dismissals of complaints on the ground of qualified immunity. … Sec. 1983 or directly under the Constitution, should not be subjected to the harassment of suit and trial if in fact they took no actions in violation of clearly established constitutional rights.

William Moore, Jr. v. Michael Hartman

704 F.3d 1003 · Court of Appeals for the D.C. Circuit · Jan 15, 2013

There, in examining whether the law governing retaliatory arrest claims was clearly established in the Tenth Circuit in 2006, the Court expressly declined to decide whether the absence-of-probable-cause requirement identified … Because it was uncertain whether the Tenth Circuit’s retaliatory arrest law remained clearly established, the defendants in Reichle were entitled to qualified immunity.

Baker v. Taylor

Court of Appeals for the Sixth Circuit · Dec 18, 2006

If the plaintiff establishes that a constitutional violation occurred, a court must next consider “whether the right was clearly established.” Id. … When a defendant raises a defense of qualified immunity, the plaintiff bears the burden of demonstrating that the defendant is not entitled to qualified immunity. Silberstein v.

Piechowicz v. United States

885 F.2d 1207 · Court of Appeals for the Fourth Circuit · Sep 20, 1989

it did not “violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … Forsyth, *1214 472 U.S. 511 , 105 S.Ct. 2806 , 86 L.Ed.2d 411 (1985) (allocating to the plaintiff the burden to “state a claim of violation of clearly-established law” to avoid dismissal based on qualified immunity).

Griffith Ex Rel. Estate of Partee v. Coburn

473 F.3d 650 · Court of Appeals for the Sixth Circuit · Jan 10, 2007

Katz, the Supreme Court established a two-pronged inquiry to determine an official’s entitlement to qualified immunity in the context of an excessive force claim. See 533 U.S. 194, 200 (2001). … The court held that the district court's grant of summary judgment on the basis of qualified immunity was not proper because the officers had violated Drummond's clearly established rights. Id. at 1062.

Prison Legal News, a Washington Corporation Rollin A. Wright v. Joseph Lehman, in His Official and Individual Capacities Eldon Vail, in His Official and Individual Capacities Carol Porter, in Her Official and Individual Capacities James Blodgett, Superintendent, in His Official and Individual Capacities Kay Walter, in Her Official and Individual Capacities Alice Payne, in Her Official and Individual Capacities Maggie Miller-Stout, in Her Official and Individual Capacities Richard Morgan, in His Official and Individual Capacities Bob Moore, in His Official and Individual Capacities John Lambert, in His Official and Individual Capacities Doug Waddington, in His Official and Individual Capacities Belinda D. Stewart, in Her Official and Individual Capacities, Prison Legal News, a Washington Corporation Rollin A. Wright v. Joseph Lehman, in His Official and Individual Capacities Eldon Vail, in His Official and Individual Capacities Carol Porter, in Her Official and Individual Capacities James Blodgett, Superintendent, in His Official and Individual Capacities Kay Walter, in Her Official and Individual Capacities Alice Payne, in Her Official and Individual Capacities Maggie Miller-Stout, in Her Official and Individual Capacities Richard Morgan, in His Official and Individual Capacities Bob Moore, in His Official and Individual Capacities John Lambert, in His Official and Individual Capacities Doug Waddington, in His Official and Individual Capacities Belinda D. Stewart, in Her Official and Individual Capacities Scott Frakes, in His Official and Individual Capacities

397 F.3d 692 · Court of Appeals for the Ninth Circuit · Feb 1, 2005

because they violated clearly established law. … It also properly granted qualified immunity to the prison officials on this claim because their actions did not violate clearly established law.

Whalen v. County of Fulton

19 F.3d 828 · Court of Appeals for the Second Circuit · Mar 29, 1994

The qualified immunity doctrine provides public officials with immunity from suit “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known … In reviewing the qualified immunity motion, the court did not address whether the state of the law was such that Michael had a clearly established right to a relationship with Elizabeth.

Amanda Rakes v. Jonathan Roederer

Court of Appeals for the Seventh Circuit · Sep 25, 2024

Rakes has established a triable state-created danger claim, they are nonetheless entitled to qualified immunity. … To violate clearly established law—the second prong of the qualified immunity analysis—“existing precedent must have placed the statutory or constitutional question beyond debate.”

Marybeth Dornheim v. Michael Sholes

430 F.3d 919 · Court of Appeals for the Eighth Circuit · Dec 7, 2005

On these facts, the Dornheims cannot establish that the social workers or police officers violated any clearly established constitutional rights during the child abuse investigations. See Manzano, 60 F.3d at 510-11. … -10-  A Rule 12(b)(6) dismissal based on qualified immunity is appropriate "when the immunity is established on the face of the complaint." Whisman v.

Mitch Rooni v. Brad Biser

Court of Appeals for the Seventh Circuit · Feb 4, 2014

No. 13‐1511  at  issue  was  clearly  established  at  the  time  of  the  viola‐ tion.”Stainback v.  …   the  handcuffs  were  applied  was  clearly  established. 

Ginter v. Stallcup

869 F.2d 384 · Court of Appeals for the Eighth Circuit · Apr 19, 1989

QUALIFIED IMMUNITY 10 Ginter challenges the decision to grant qualified immunity to Blasingame and Lee before allowing her to conduct discovery in this case. … Ginter to violate any statutory or constitutional right which had been "clearly established" prior to June 3, 1983. 15 Although we agree with the district court that Blasingame and Lee are immune from suit, we reach that

John Doe v. Sullivan County, Tennessee

956 F.2d 545 · Court of Appeals for the Sixth Circuit · Feb 10, 1992

violated clearly established law. … , is not entitled to qualified immunity) may not be liable for that deprivation.

Bartels v. Hecker

46 F.3d 1150 · Court of Appeals for the Tenth Circuit · Jan 23, 1995

Thus the district court determined that these Defendants had not violated clearly established law, and were thus entitled to qualified immunity. See generally Harlow v. … question is whether the actions of government officials performing discretionary functions violated "clearly established statutory or constitutional rights of which a reasonable person would have known."

Wood v. Sunn

852 F.2d 1205 · Court of Appeals for the Ninth Circuit · Jul 27, 1988

The Supreme Court decided an entirely different issue in this case: precisely what must be "clearly established" for a law enforcement officer to be entitled to summary judgment on the issue of qualified immunity in the context … of a warrantless search. 4 The Supreme Court held that qualified immunity is available if a reasonable police officer could have believed that the search was justified, in light of clearly established law and the information

Morin v. Tormey

626 F.3d 40 · Court of Appeals for the Second Circuit · Nov 15, 2010

Accepting Morin’s allegations as true for the purposes of this appeal, we agree with the District Court that neither the defense of qualified immunity nor Morin’s alleged status as a policymaker has been established as … On the facts alleged by Morin, which the Defendants acknowledge they are accepting as true for purposes of this attempt to have the case dismissed as a matter of law on the ground of qualified immunity, Morin is clearly

Conroe Creosoting Co v. Montgomery Cty Texa

249 F.3d 337 · Court of Appeals for the Fifth Circuit · May 7, 2001

Moore moved for summary judgment, asserting qualified immunity. … A constitutional right is "clearly established" if "the unlawfulness of the conduct would be apparent to a reasonably competent official."5 The second prong of the qualified immunity inquiry therefore requires an assessment