Case law

Prescott v. Little Six, Inc.

387 F.3d 753 · Court of Appeals for the Eighth Circuit · Oct 21, 2004

Admin., 877 F.2d 715 , 716 (8th Cir.1989) (ruling that “a rejection of a claim for absolute or qualified immunity is immediately appealable”); see also Osage Tribal Council v. … "If no constitutional right would have been violated were the allegations established, there is no necessity for further inquiries concerning qualified immunity.” Id. .

McKinney v. Washington

297 F. App'x 593 · Court of Appeals for the Ninth Circuit · Oct 16, 2008

Katz, 533 U.S. 194 , 121 S.Ct. 2151 , 150 L.Ed.2d 272 (2001), we apply a two-part test to determine if qualified immunity shields a defendant from liability. … And second, if the officer’s conduct did deprive plaintiff of a constitutional right, the court analyzes whether “the right was clearly established.” Id.

Flowers v. City of Minneapolis

478 F.3d 869 · Court of Appeals for the Eighth Circuit · Mar 1, 2007

Minnesota police officer Kevin Stoll appeals the district court’s denial of his motion for summary judgment based on qualified immunity. … If so, then we determine whether the constitutional right was clearly established at the time. Id.

Chiaverini v. City of Napoleon

602 U.S. 556 · Supreme Court of the United States · Jun 20, 2024

In its view, there was clearly probable cause to charge Chiaverini with the two misdemeanors. … Consider what is required to establish a claim of malicious prosecution.

Mary Elizabeth Dunn, Plaintiff-Appellee-Cross-Appellant v. Mike Denk, Defendant-Appellant-Cross-Appellee

54 F.3d 248 · Court of Appeals for the Fifth Circuit · Aug 1, 1995

Qualified immunity. … immunity.

Doe v. Sullivan County

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.

Dykes v. Hosemann

776 F.2d 942 · Court of Appeals for the Eleventh Circuit · Nov 18, 1985

Sparkman, 435 U.S. 349 , 98 S.Ct. 1099 , 55 L.Ed.2d 331 (1978), the Court established a two-part test for determining whether a judge enjoys absolute immunity from money damages under section 1983. … Barker, 77 Eng.Rep. 1305 (Star Chamber 1607), ushered in the modern era of judicial immunity by establishing the immunity of judges of courts of record, thereby preserving the independence of those courts from review by the

Terry L. Arcoren v. Wenton Peters and John Schooler

811 F.2d 392 · Court of Appeals for the Eighth Circuit · Feb 2, 1987

In the case of subordinate officers such as appellees, qualified rather than absolute immunity is applicable. Harlow v. … The Court held that “Under the standard of qualified immunity [he] will be entitled to immunity so long as his actions do not violate ‘clearly established statutory or constitutional rights of which a reasonable person would

Deana Jett v. Mark McCarter

57 F.3d 1069 · Court of Appeals for the Sixth Circuit · Jun 5, 1995

The court therefore denied McCarter's motion for summary judgment based on qualified immunity, finding that if the facts stated by Jett were proven to be true, McCarter would have violated Jett's clearly established constitutional … established statutory or constitutional rights of which a reasonable person would have known. 7 Most legal rights are "clearly established" at some level of generality, however, and immunity would be impossible to obtain

Maldonado v. Josey

975 F.2d 727 · Court of Appeals for the Tenth Circuit · Sep 16, 1992

He *729 asserts that qualified immunity was improper because the law was clearly established on March 16, 1987. … seizure would have a clearly established, constitutionally protected liberty interest.”

Jeffrey M. Kuha v. City of Minnetonka

Court of Appeals for the Eighth Circuit · Apr 27, 2004

Under the doctrine of qualified immunity, state actors are protected from civil liability when “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have … The qualified immunity inquiry is a two-step process.

Calamia v. City Of New York

879 F.2d 1025 · Court of Appeals for the Second Circuit · Jun 22, 1989

, and that as a matter of law he established his qualified immunity from liability on this claim. … A government actor is entitled to qualified immunity "insofar as [his] conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known," Harlow v.

Pinaud v. County of Suffolk

52 F.3d 1139 · Court of Appeals for the Second Circuit · Apr 6, 1995

in the same penal system is an administrative task for which only qualified immunity would be available. … whether Pinaud’s allegations sufficiently assert a constitutional violation or might overcome a defense of qualified immunity.

Wheeler v. City of Pleasant Grove

746 F.2d 1437 · Court of Appeals for the Eleventh Circuit · Nov 12, 1984

It did not award damages, however, believing that all defendants had established the qualified immunity defense. … It therefore concluded that all defendants were shielded from monetary liability by the qualified immunity defense. Id. at 209 .

Dustin Dyer v. Shirrellia Smith

56 F.4th 271 · Court of Appeals for the Fourth Circuit · Dec 29, 2022

The district court also held that Appellants were not entitled to qualified immunity, as Appellee had a clearly established right to record government officials performing their duties. … Additionally, the district court held Appellee “has a clearly established right to record government officials performing their duties,” such that “qualified immunity does not protect [Appellants] at this

Hensley v. Wilson

850 F.2d 269 · Court of Appeals for the Sixth Circuit · Jun 20, 1988

Mitchell stated the rule that:Unless the plaintiff's allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery … were not of "clearly established law."

Christopher Prosser v. Davis Ross CO,I

Court of Appeals for the Eighth Circuit · Dec 1, 1995

Ross is entitled to qualified immunity unless he violated Prosser's "clearly established" constitutional rights. Harlow v. Fitzgerald, 457 U.S. 800, 818 (1982); Johnson v. Boreani, 946 F.2d 67, 69 (8th Cir. 1991). … Prosser asserts that the situation posed no danger to Ross and that therefore the decision not to intervene violated his clearly established rights.

Jimenez v. Wood County, Tex.

621 F.3d 372 · Court of Appeals for the Fifth Circuit · Sep 22, 2010

III The County argues next that Sheriff Daugherty was entitled to qualified immunity from § 1983 liability because he did not violate a clearly established right. … In its reply brief, the County cannot point to any instance in which it argued that Daugherty was, as a matter of law, entitled to qualified immunity because Ms. Jimenez’s rights were not clearly established.

Rafael Mazuz v. The State of Maryland Philip P. Tou

442 F.3d 217 · Court of Appeals for the Fourth Circuit · Mar 29, 2006

Tou further argued that he is entitled to qualified immunity on the § 1983 cause of action because the law was not clearly established in 2002 that his actions violated the Fourth Amendment and because he acted in good faith … As I say, no issue of qualified immunity here really, because it is well established that one doesn’t enter into a premises where one doesn’t have a warrant.

Terry Caskey v. Nathan Fenton

Court of Appeals for the Sixth Circuit · Nov 16, 2022

Under the doctrine of qualified immunity, government officials are shielded from civil liability unless their conduct violates clearly established constitutional rights. Harlow v. … subject to qualified immunity protections.