Case law

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.

Samuels v. Meriwether

94 F.3d 1163 · Court of Appeals for the Eighth Circuit · Aug 30, 1996

Government officials performing discretionary functions are shielded from liability for civil damages and are entitled to qualified immunity unless their conduct violates "clearly established statutory or constitutional rights … The officers claimed qualified immunity based on their contention that the beating never occurred.

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.

Lieutenant Jeffrey McEvoy v. Harold J. Shoemaker and Ben K. Blake, and City of Aurora, Colorado

882 F.2d 463 · Court of Appeals for the Tenth Circuit · Sep 6, 1989

, that the protected status of the letter was not clearly established at the time of the alleged wrongdoing. … Given our holding, Shoemaker and Blake could not have violated any clearly established constitutional right of McEvoy. II. In Mount Healthy City School Dist. v.

Norwood v. Vance

Court of Appeals for the Ninth Circuit · Jan 7, 2010

Defendants are entitled to qualified immunity so long as a right to outdoor exercise in the midst of severe ongoing prison violence was not clearly established at the time defendants  NORWOOD v. … whether the facts demon- strated a violation of clearly established law.”

United States v. Burzynski Cancer Research Institute

819 F.2d 1301 · Court of Appeals for the Fifth Circuit · Jun 25, 1987

seeking damages to show that qualified immunity does not bar recovery. 27 Dr. … Bur-zynski and in executing that warrant followed established constitutional procedures. They violated no norms of clearly established law.

Velius v. Township of Hamilton

466 F. App'x 133 · Court of Appeals for the Third Circuit · Mar 9, 2012

his vehicle and non-injurious tight handcuffing were not clearly established when they acted. … The District Court properly denied the Officers qualified immunity on this basis. Velius v.

Singleton v. Casanova

Court of Appeals for the Fifth Circuit · Jun 10, 2024

City of Edna, 410 F.3d 745, 750 (5th Cir. 2005) (second prong of the qualified immunity analysis considers “whether conduct of the defendants was objectively unreasonable in light of then clearly established law” (quoting … of qualified immunity.

Lyons v. Baughman

124 F. App'x 549 · Court of Appeals for the Ninth Circuit · Mar 3, 2005

By allegedly failing to follow prison policy and report a known risk of harm to Lyons, Baughman also violated clearly established law. See Brosseau v. Haugen, — U.S. — , 125 S.Ct. 596 , 160 L.Ed.2d 583 (2004). … The district court’s denial of qualified immunity is AFFIRMED.

Beardsley v. Webb

30 F.3d 524 · Court of Appeals for the Fourth Circuit · Jul 26, 1994

Webb asserts the defense of qualified immunity and that Beardsley was not entitled to punitive damages as a matter of law. … Creighton, 483 U.S. 635 , 107 S.Ct. 3034 , 97 L.Ed.2d 523 (1987), explains the standards that govern the defense of qualified immunity: [W]hether an official protected by qualified immunity may be held personally liable for

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.

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

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."

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.

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

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.”

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.

James Newsome v. John McCabe and Raymond McNally

256 F.3d 747 · Court of Appeals for the Seventh Circuit · Jul 11, 2001

Putting Buckley and all problems of establishing causation to one side, we make the normal immunity inquiry: was it clearly established in 1979 and 1980 that police could not withhold from prosecutors exculpatory information … The decision of the district court rejecting defendants’ affirmative defense of qualified immunity is accordingly AFFIRMED.

Cindy Shadrick v. Hopkins Cnty., Kentucky

805 F.3d 724 · Court of Appeals for the Sixth Circuit · Nov 6, 2015

The district court below erred by extending qualified official immunity to SHP. … The opinion then relies on Yanero , a case applying qualified official immunity to individual persons, to support a statement that SLF engaged in discretionary acts and was entitled to qualified official immunity in its individual