Case law

Annissa Colson v. City of Alcoa

Court of Appeals for the Sixth Circuit · Jun 23, 2022

Sheehan, 575 U.S. 600, 613 (2015) (holding in the Fourth Amendment context that “[q]ualified immunity is no immunity at all if ‘clearly established’ law can simply be defined as the right to be free from unreasonable searches … Indeed, accepting Colson’s formulation would “collaps[e] the two qualified-immunity inquiries into one, permitting the constitutional-violation inquiry always to answer the clearly established inquiry.” Hagans v.

Milligan v. City of Slidell

226 F.3d 652 · Court of Appeals for the Fifth Circuit · Oct 5, 2000

unless their conduct was unreasonable in light of clearly established law. … In a qualified immunity case, a court often initially decides whether the facts establish a violation of a constitutional right at all. See Wilson v.

Charles Latimore v. George Widseth

986 F.2d 292 · Court of Appeals for the Eighth Circuit · Feb 25, 1993

Widseth moved for summary judgment, arguing that he was entitled to qualified immunity and that Latimore could not, as a matter of law, establish that Widseth’s statements were causally related to the prison attack. … Officials performing discretionary functions enjoy qualified immunity and are thereby shielded from liability for civil damages so long as their conduct does not violate clearly established statutory or constitutional rights

Dale Schaper v. City of Huntsville, Gene Pipes and Hank Eckhardt

813 F.2d 709 · Court of Appeals for the Fifth Circuit · May 6, 1987

The reason for this exception is that qualified immunity is an immunity from suit, which includes protection from the burdens of broad-reaching discovery. Id. at 524 , 105 S.Ct. at 2815 . … court has denied summary judgment for the defendant on the ground that even under the defendant’s version of the facts the defendant’s conduct violated clearly established law, whether the law clearly proscribed the actions

Deville v. Marcantel

567 F.3d 156 · Court of Appeals for the Fifth Circuit · May 1, 2009

The officers raised qualified immunity as a defense. … Accordingly, defendants are not entitled to qualified immunity on the § 1983 excessive force claims. C.

Yousuf v. Samantar

552 F.3d 371 · Court of Appeals for the Fourth Circuit · Jan 8, 2009

Samantar’s hypothesis, by contrast, focuses on the protection of individual foreign officials in a way that is reminiscent of qualified immunity or other status-based immunities that are concerned with matters as they exist … Dole Food is instructive on this point, explaining that qualified immunity, for example, “prevent[s] the threat of suit from crippling the proper and effective administration of public affairs,” id. at 479 , 123 S.Ct. 1655

Avone Kukla v. Andrew D. Hulm

Court of Appeals for the Eighth Circuit · Nov 15, 2002

To avoid summary judgment based on qualified immunity, Kukla had to assert a violation of a constitutional right, show the alleged right was clearly established at the time of the alleged violation, and raise a genuine issue … In other words, qualified immunity shields Brown and Hulm from this lawsuit if they could have reasonably believed their conduct was lawful in light of clearly established law and the information they possessed. Id.

Kristianne M. Boyd v. Benton County City of Corvallis William Ellison Scott Bressler Dave Reed Tom Cook Ryan Moody John Chilcote Allen Schermerhorn David Scott Shawn Houck Ken Rueben Dennis Carson, as Supervisor in His Official Capacity Chris Skinner, as Supervisor in His Official Capacity, Kristianne M. Boyd v. Benton County William Ellison Scott Bressler Dave Reed Tom Cook Ryan Moody John Chilcote Allen Schermerhorn David Scott Chris Skinner, as Supervisor in His Official Capacity, and City of Corvallis Shawn Houck Ken Rueben Dennis Carson, as Supervisor in His Official Capacity

374 F.3d 773 · Court of Appeals for the Ninth Circuit · Jun 28, 2004

Qualified Immunity 17 The Supreme Court has established a two-part analysis for determining whether qualified immunity is appropriate in a suit against an officer for an alleged violation of a constitutional right. … Consequently, the officers are entitled to qualified immunity because Boyd's Fourth Amendment right to be free from dangerous flash-bang devices under these circumstances was not clearly established. B.

Uhlrig v. Harder

64 F.3d 567 · Court of Appeals for the Tenth Circuit · Aug 30, 1995

Qualified Immunity In accordance with the approach set forth in Siegert v. … Court case controls the issue or that the clearly established weight of authority supports plaintiffs claim).

Jason Shade, Individually v. City of Farmington, Minnesota, a Minnesota Municipal Corporation Ted Dau, Individually and in His Official Capacity

309 F.3d 1054 · Court of Appeals for the Eighth Circuit · Nov 6, 2002

A state actor is entitled to qualified immunity when his “ ‘conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’ ” Id. (quoting Harlow v. … If those facts would establish a *1059 constitutional violation if proven at trial, our next inquiry is whether the right violated was clearly established at the time of the state actor’s conduct.

Bryan v. James Holmes Regional Medical Center

33 F.3d 1318 · Court of Appeals for the First Circuit · Oct 4, 1994

Sec. 1983 (1988), we have held that qualified immunity should not become a part of the jury instruction once the affirmative defense has been denied on a motion for summary judgment; the defense of qualified immunity should … On its face, the provision does not explicitly establish immunity from suit." Decker v.

Israel Escobar v. Lance Montee

895 F.3d 387 · Court of Appeals for the Fifth Circuit · Jul 11, 2018

And the court found that such force, in the face of sur- render, is clearly established as violating the Fourth Amendment. Montee appealed, claiming QI. … To overcome QI, Escobar must show (1) “a violation of an actual consti- tutional right,” and (2) that “the right was clearly established at the time of violation.” Id. We may address either prong first. Pearson v.

Soto v. Carrasquillo

103 F.3d 1056 · Court of Appeals for the First Circuit · Jan 13, 1997

Because we find that this claim may be resolved on immunity grounds, we choose not to reach this question. 3. Qualified Immunity. … However, we cannot extract a clearly established right from a somewhat confusing body of caselaw through the use of hindsight, or “permit claims of qualified immunity to turn on the eventual outcome of a hitherto problematic

Barney v. Pulsipher

143 F.3d 1299 · Court of Appeals for the Tenth Circuit · May 1, 1998

Plaintiffs maintain the district court erred in granting qualified immunity to the individual defendants, contending defendants violated their clearly established rights under the Eighth Amendment and Equal Protection … “In analyzing qualified immunity claims, we first ask if a plaintiff has asserted the violation of a constitutional right at all, and then assess whether the right was clearly established at the time of a defendant’s actions

Louisville & Nashville Railroad v. Gaines

3 F. 266 · United States Circuit Court · Jul 1, 1880

But to this rule there 'are exceptions, as well established as the rule itself. … Here it is clearly intimated that the court recognized the authority of Humphrey v.

Sallie Zeigler v. Eastman Chemical Company

54 F.4th 187 · Court of Appeals for the Fourth Circuit · Nov 23, 2022

Eastman contended that the plaintiffs’ labor qualified under all three tests. … For one, Keene neither created a right nor abolished an immunity, but rather interpreted the scope a decades-old immunity established by statute.

Thomas Altman v. MN Dept. of Correcti

Court of Appeals for the Eighth Circuit · May 29, 2001

the parties, summary judgment on the question of qualified immunity is inappropriate. … Since there is no issue of disputed fact (other than the defendants’ motive, which is irrelevant to the qualified immunity analysis), we should directly address the qualified immunity question as a matter of law.

Stemler v. City of Florence

126 F.3d 856 · Court of Appeals for the Sixth Circuit · Oct 8, 1997

Test for Qualified Immunity We turn now to the merits of Black’s claim against the individual officers. … In determining whether an official is entitled to qualified immunity, this court asks whether the law was clearly established at the time of the alleged action. Barton v.

Breakthrough Management Group, Inc. v. Chukchansi Gold Casino & Resort

629 F.3d 1173 · Court of Appeals for the Tenth Circuit · Dec 27, 2010

The district court granted the Tribe’s motion to dismiss, holding that the Tribe was entitled to sovereign immunity and had not clearly waived that immunity by entering into licensing agreements with BMG that contained … Because Indian tribes are sovereign powers, they possess immunity from suit to the extent that Congress has not abrogated that immunity and the tribe has not clearly waived its immunity.

Hegarty v. Wright

Court of Appeals for the First Circuit · May 19, 1995

The Qualified Immunity Doctrine 2. … damages are entitled to qualified immunity from suit in civil rights actions under 10 10 section 1983, provided their conduct did "not violate clearly established statutory or constitutional rights of which a reason- able