Case law

Wernsing, Jenny v. Thompson, Odell

Court of Appeals for the Seventh Circuit · Sep 9, 2005

The district court also rejected Thompson’s claim of qualified immunity, holding that it was clearly established that Thompson’s alleged actions restricting or retaliating against plaintiffs’ speech on matters of public concern … If the clearly established question could be resolved merely by observing that unjustified prior restraints on speech are prohibited, then no defendant could ever prevail on the clearly established prong of the qualified

James Terrell v. Brek Larson

396 F.3d 975 · Court of Appeals for the Eighth Circuit · Feb 4, 2005

Clearly Established Right. Deputy Larson would enjoy qualified immunity if Terrell’s substantive due process right was not clearly established as of December 29, 2000, the time of the collision. See Wilson v. … Thus, we conclude the law in effect at the time of the collision was clearly established. Accordingly, we would hold that Larson was not entitled to summary judgment based on qualified immunity. III.

Los Angeles Police Protective League v. Gates

907 F.2d 879 · Court of Appeals for the Ninth Circuit · Jul 3, 1990

Had the former been clearly established, then the latter probably would not have sufficed to protect the appellants from liability. … Of course, the fact that the individual appellants are entitled to qualified immunity does not demonstrate that the City itself is not liable for the violation. Cities are not entitled to qualified immunity.

Rafael Cendan v. Officer Jose Trujillo

Court of Appeals for the Eleventh Circuit · Aug 12, 2019

Second, they argue that they did not violate clearly established law of which a reasonable officer would have been aware. … Accordingly, the district court properly denied qualified immunity. AFFIRMED. 6

Byron Treats v. James Morgan

308 F.3d 868 · Court of Appeals for the Eighth Circuit · Sep 17, 2002

Qualified immunity may protect government officials from liability for civil damages, but it is not available if an official’s conduct violated “clearly established statutory or constitutional rights of which a reasonable … In order to overcome the claims of qualified immunity, Treats must also show that his constitutional rights were clearly established.

Mark Robbins v. Randy Becker, Sr.

794 F.3d 988 · Court of Appeals for the Eighth Circuit · Jul 27, 2015

Constitutional Claims — Qualified Immunity The Robbinses argue the district court erred in granting summary judgment on their constitutional claims based on qualified immunity. … “Qualified immunity shields a government official from liability and the burdens of litigation in a § 1983 action for damages unless the official’s conduct violated a clearly established constitutional or statutory right

Ewan Leask v. City of Minneapolis

Court of Appeals for the Eighth Circuit · Apr 7, 2026

-2-  We analyze qualified immunity in two steps: (1) whether Officer Pennaz violated one of Leask’s constitutional rights; and (2) whether the right was clearly established on … If the answer to either of these questions is “no,” then Officer Pennaz is entitled to qualified immunity. Morgan v. Robinson, 920 F.3d 521, 523 (8th Cir. 2019).

Frierson v. Goetz

99 F. App'x 649 · Court of Appeals for the Sixth Circuit · May 19, 2004

We have used a three-part test to determine whether an official is entitled to qualified immunity. … known that his actions violated clearly established rights.

Thompson v. City of Lawrence

58 F.3d 1511 · Court of Appeals for the Tenth Circuit · Jul 5, 1995

First the defendant must adequately raise the defense of qualified immunity. … The defendant then has the usual summary judgment burden of establishing that there is no genuine controversy over a material fact which would defeat his claim for qualified immunity and that he is entitled to judgment as

Alan Yellow Horse v. Pennington County

225 F.3d 923 · Court of Appeals for the Eighth Circuit · Sep 5, 2000

Qualified Immunity Whether qualified immunity shields a government official from suit is a question of law, which we review de novo. See Liebe v. Norton, 157 F.3d 574 , 576 (8th Cir.1998). … Accordingly, the district court did not err in granting West and Severson qualified immunity. 3.

Gold v. City of Miami

138 F.3d 886 · Court of Appeals for the Eleventh Circuit · Apr 7, 1998

holding that the law in a particular area is not clearly established for qualified immunity purposes, unless the plaintiff can point to a prior case involving identical facts. … Comparing the "clearly established" concept in qualified immunity to the "fair warning" standard for a conviction under 18 U.S.C. §§ 241 and 242, the Court observed: 9 In the civil sphere, we have explained that qualified

Gerald W. Shields v. David Burge, Individually, and as Superintendent With the Illinois State Police

874 F.2d 1201 · Court of Appeals for the Seventh Circuit · May 15, 1989

Qualified immunity insulates government officials from civil damages liability when the officials’ actions do not “violate clearly established statutory or constitutional rights of which a reasonable person would have known … The precise qualified immunity question we must answer is whether it was clearly established that searching a closed, personal briefcase during a lawful noncriminal search of Shields’ workplace (his state-issued automobile

George M. Bishop v. State Bar of Texas

791 F.2d 435 · Court of Appeals for the Fifth Circuit · Jun 11, 1986

This argument is without merit; the record clearly establishes that Landin’s duties as counsel for the State Bar included the filing of such grievances. … Qualified or good faith immunity is an affirmative defense that must be pleaded by a defendant official. Gomez v. Toledo, 446 U.S. 635 , 100 S.Ct. 1920 , 64 L.Ed.2d 572 (1980).

Magda L. Marin-Piazza v. Awilda Aponte-Roque

873 F.2d 432 · Court of Appeals for the First Circuit · Apr 26, 1989

defendant’s claim of qualified immunity. … ” Whether or not, however, we are wrong in our reading of these statutes, Puerto Rico has not clearly waived its eleventh amendment immunity from suit in the federal district court, and therefore damages under 29 L.P.R.A.

Mcclellan v. Smith

439 F.3d 137 · Court of Appeals for the Second Circuit · Feb 24, 2006

previously given by the court in support of its finding of qualified immunity as grounds for dismissal of all of McClellan's other claims. … Qualified Immunity 38 The doctrine of qualified immunity offers protection for "government officials performing discretionary functions. . . from liability for civil damages insofar as their conduct does not violate clearly

Michael Faulk v. Gerald Leyshock

Court of Appeals for the Eighth Circuit · Apr 6, 2022

seizure; if so, whether it would violate “clearly established” rights for purposes of qualified immunity; and whether the officers warrant qualified immunity because they had arguable probable cause to arrest Faulk and the … On appeal, the other individual defendants argue they are entitled to qualified immunity from Count V because the applicability of the intracorporate conspiracy doctrine was not clearly established.

Alice G. Kelly Norman P. Kelly v. Great Seneca Financial Corp. Javitch, Block & Rathbone

447 F.3d 944 · Court of Appeals for the Sixth Circuit · May 17, 2006

LaHue, 460 U.S. 325 , 103 S.Ct. 1108 , 75 L.Ed.2d 96 (1983), the Court noted once that “[t]he immunity of parties and witnesses from subsequent damages liability for their testimony in judicial proceedings was well established … No. 1, 171 F.3d 231, 234 (5th Cir.1999) (en banc) (“Parker immunity is an inapt description, for its parentage differs from the qualified and absolute immunities of public officials ....

Lindsey M. Scott v. Larry Dixon

720 F.2d 1542 · Court of Appeals for the Eleventh Circuit · Dec 15, 1983

Kelley and Latham Police officers do not enjoy absolute immunity from civil liability for § 1983 violations. Instead, they acquire a qualified immunity only for the good faith performance of their duties. Pierson v. … 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 person would have known.” 457 U.S. at 818, 102

John Ellins v. City of Sierra Madre

710 F.3d 1049 · Court of Appeals for the Ninth Circuit · Mar 22, 2013

To determine whether a government official is entitled to qualified immunity, we ask two questions: whether the official violated a statutory or constitutional right, and whether that right was clearly established at the … It is true that if Diaz “could ... have reasonably but mistakenly believed that ... her conduct did not violate a clearly established constitutional right, [s]he is entitled to qualified immunity.” Hunt v.

Mahdi v. Salt Lake Police Department

54 F.4th 1232 · Court of Appeals for the Tenth Circuit · Dec 5, 2022

Qualified Immunity The three officers raised the defense of qualified immunity. … “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