Case law

Singer v. Lafavre

Court of Appeals for the First Circuit · Apr 13, 1995

Qualified Immunity A. … . _______________ Applying these principles, the threshold question in our qualified immunity analysis is whether Singer has established that defendants violated her Fifth Amendment right against self-incrimination.

Craig Strand v. Curtis Minchuk

Court of Appeals for the Seventh Circuit · Nov 8, 2018

Doing so would mark a stark depar‐ ture from clearly established law regarding an officer’s use of  deadly  force.  … For the law to be clearly established—the second prong of  the  qualified  immunity  analysis—the  “existing  precedent  must have placed the statutory or constitutional question be‐ yond debate.” 

Miller v. City of Philadelphia

174 F.3d 368 · Court of Appeals for the Third Circuit · Apr 26, 1999

The proper approach, however, is to ascertain whether a constitutional violation has been alleged before determining if qualified immunity is available. See Siegert v. … immunity.

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."

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.”

Henry Davis v. Michael White

794 F.3d 1008 · Court of Appeals for the Eighth Circuit · Jul 28, 2015

“Qualified immunity shields police officers from liability for civil damages where their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … Obviously, this is a question of great significance in deciding issues of qualified immunity and in conducting trials of Fourth Amendment excessive force claims.

Wells v. O'Malley

31 F. App'x 886 · Court of Appeals for the Sixth Circuit · Mar 27, 2002

The five public officials moved for summary judgment based on, among other things, qualified immunity. The district court granted summary judgment in part, but it declined to find qualified immunity. … Therefore, on interlocutory appeal of a denial of qualified immunity, an appellate court may not consider factual disputes and is limited to addressing only qualified immunity legal issues that are completely separable from

Rude Busch v. Hughes

313 F.3d 506 · Court of Appeals for the Ninth Circuit · Dec 9, 2002

would have been violated were [Rudebusch's] allegations established, there is no necessity for further inquiries concerning qualified immunity." … But, we don't require a case on point at that level of specificity in order to "clearly establish" the law. 14 The qualified immunity standard of clarity is met provided that the "unlawfulness is apparent in light of preexisting

James Elliott and Joseph Defley v. Leander H. Perez, Jr., Etc., Eugene E. Leon, Jr., Etc., and Frank Klein

751 F.2d 1472 · Court of Appeals for the Fifth Circuit · Feb 7, 1985

Under the qualified immunity standard, government officials are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … Moreover, as Judge Higginbotham has emphasized for us “[the] distinction between absolute and qualified immunity may well not survive Harlow's language on the function of qualified immunity.” Williams v.

Sandra D. Riley v. Larue T. Camp, Lori Winkler, F.K.A. Lori Webb

130 F.3d 958 · Court of Appeals for the Eleventh Circuit · Dec 8, 1997

to qualified immunity. … To assert qualified immunity from civil damages, defendants must show that their conduct did not violate clearly established statutory or constitutional rights of which a reasonable person would have known.

Jerry Lorenzo Bass, A/K/A Afif Abdul R. Karriem v. Kevin Robinson James Lashbrook

167 F.3d 1041 · Court of Appeals for the Sixth Circuit · Feb 12, 1999

were clearly established at the time. … In Anderson,the Supreme Court defined the phrase “clearly established law” for purposes of a qualified immunity defense: The contours of the right must be sufficiently clear that a reasonable official would understand that

Leroy A. Lovelace v. Jack Lee Gene Shinault K. Lester

472 F.3d 174 · Court of Appeals for the Fourth Circuit · Dec 29, 2006

Qualified immunity is an affirmative defense that shields public officers performing discretionary duties from “liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … Riter, 355 F.3d at 322 , in ruling that Lester was entitled to qualified immunity.

Pagels v. Morrison

335 F.3d 736 · Court of Appeals for the Eighth Circuit · Jul 9, 2003

II. 7 Whether a defendant is entitled to qualified immunity is a question of law which we review de novo. Jackson v. Everett, 140 F.3d 1149, 1151 (8th Cir.1998). … Qualified immunity shields a government official from suit in his performance of a discretionary function unless that official's conduct violated a clearly established constitutional or statutory right of which a reasonable

Hill v. Coppleson

627 F.3d 601 · Court of Appeals for the Seventh Circuit · Nov 22, 2010

For his part, Rogers asserted that he was entitled to absolute immunity because his actions were taken in connection with his prosecutorial duties, and alternatively, that he was entitled to qualified immunity because his … A prosecutor is entitled to qualified immunity if his or her “actions did not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Viilo v.

Hunter v. Young

238 F. App'x 336 · Court of Appeals for the Tenth Circuit · Jun 12, 2007

Young moved for summary judgment on qualified-immunity grounds. The district court granted the motion, determining that the Eleventh Amendment barred the official-capacity claim and that qualified immunity shielded Sgt. … ) that the right was clearly established at the time of the defendant’s unlawful conduct.”

McMILLIAN v. JOHNSON

101 F.3d 1363 · Court of Appeals for the Eleventh Circuit · Dec 3, 1996

established. … The court held that Garner did not clearly establish that deadly force cannot be used against a fleeing, previously arrested, non-dangerous felon.

Callahan v. County of Suffolk

96 F.4th 362 · Court of Appeals for the Second Circuit · Mar 19, 2024

In December 2021, the defendants moved for summary judgment, arguing that Wilson’s use of deadly force was protected by qualified immunity. … Accepting Wilson’s version of events, the district court held that “his use of lethal force is protected by qualified immunity.”

Brian Arthur Hill v. Patrick Scott

349 F.3d 1068 · Court of Appeals for the Eighth Circuit · Nov 14, 2003

Qualified immunity is available to government officials who prove their conduct did “not violate clearly established statutory or Constitutional rights of which a reasonable person would have known.” Harlow v. … To avoid summary judgment based on qualified immunity, Hill had to proffer sufficient evidence to find a violation of a Constitutional right, show the alleged right was clearly established at the time of the alleged violation

Velez v. Levy

401 F.3d 75 · Court of Appeals for the Second Circuit · Mar 11, 2005

Consequently, with respect to these claims, the defendants could not have violated the clearly established constitutional rights of the plaintiff, and they are entitled to qualified immunity. … It is well-established that defendants are shielded by qualified immunity as long as their conduct “does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”

Roger Moore v. Kenneth Carpenter

Court of Appeals for the Eighth Circuit · Apr 21, 2005

The district court* granted summary judgment to the officers on the bases of qualified immunity and issue preclusion. … Moore appeals arguing the officers were not entitled to summary judgment based on qualified immunity.