Case law

Ronnie McCoy Lori McCoy Appellees/cross v. City of Monticello Mayor Harold West Monticello Police Department Police Chief Sam Norris, Defendants/cross Ken Ouellette, Appellant/cross

342 F.3d 842 · Court of Appeals for the Eighth Circuit · Sep 8, 2003

Qualified Immunity 6 We review de novo a denial of qualified immunity. Holloway v. Reeves, 277 F.3d 1035 , 1037 (8th Cir.2002). … Individual defendants are entitled to qualified immunity unless their alleged conduct violated "clearly established statutory or constitutional rights of which a reasonable person [in their positions] would have known."

Alfred Flowers v. City Of Minneapolis

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

COLLOTON, Circuit Judge. 1 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.

Stephanie Jenkins v. Ted Swem

Court of Appeals for the Eighth Circuit · Oct 3, 2016

Qualified Immunity “Qualified immunity protects government officials performing discretionary functions from liability for damages so long as ‘their conduct does not violate clearly established statutory or constitutional … Where, as here, a defendant fails to establish that he did not violate a right or that the right in question was not clearly established, then he is not entitled to qualified immunity, regardless of whether he acted under

Sacaza v. City of New York

Court of Appeals for the Second Circuit · Mar 11, 2026

The district court held that because questions of fact existed as to whether there was arguable probable cause to arrest and charge the plaintiff, the defendant had not established his entitlement to qualified immunity … - 12 -  Under the second prong of a qualified immunity analysis, "[a] right is clearly established when the contours of the right are sufficiently clear that a reasonable

Carver v. Lehman

528 F.3d 659 · Court of Appeals for the Ninth Circuit · Jun 9, 2008

We conclude, however, that this right was not clearly established at the time of the facts giving rise to this case. We therefore affirm the district court’s grant of qualified immunity. I. … Qualified Immunity 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

John A. Reed, Gerald G. Kaluzny, and Rbk, Ltd. v. Village of Shorewood

704 F.2d 943 · Court of Appeals for the Seventh Circuit · Jul 7, 1983

The decision that established the absolute immunity of judges from suits for damages under 42 U.S.C. § 1983 , Pierson v. … result here just because these officers’ immunity is absolute rather than qualified.

Buchanan v. City of Bolivar

99 F.3d 1352 · Court of Appeals for the Sixth Circuit · Nov 7, 1996

’s conduct did not violate a clearly established right. … This Court applies a two-pronged analysis in determining a defendant’s entitlement to qualified immunity. First, a plaintiff must establish that he “has a clearly established statutory or constitutional right.”

R.D. Jones v. Thuworn Shields

207 F.3d 491 · Court of Appeals for the Eighth Circuit · Mar 23, 2000

We review the denial of qualified immunity de novo. Estate of Davis ex rel. Ostenfeld v. Delo, 115 F.3d 1388, 1394 (8th Cir.1997). … We hold Shields has failed to establish an Eighth Amendment violation. Accordingly, we need not proceed with the qualified immunity analysis.

Kerman v. The City Of New York

374 F.3d 93 · Court of Appeals for the First Circuit · Jun 28, 2004

Id. at *1, *8 . 62 In ruling that Crossan was entitled to qualified immunity, the district court held both that "Crossan's actions did not violate clearly established law" and that "it was objectively reasonable for Defendant … Katz, 533 U.S. 194 , 202, 121 S.Ct. 2151 , 150 L.Ed.2d 272 (2001). 71 As a general rule, police officers are entitled to qualified immunity if (1) their conduct does not violate clearly established constitutional rights,

Hill v. Shobe

93 F.3d 418 · Court of Appeals for the Seventh Circuit · Aug 23, 1996

We note that the district court certified for interlocutory appeal only its decision on qualified immunity. … To determine whether a defendant is entitled to qualified immunity, however, we must determine whether he violated a clearly established constitutional right at the time he took his action. Montville v.

Doris Andrews and Otis Andrews v. Thomas H. Wilkins, Individually and in His Official Capacity

934 F.2d 1267 · Court of Appeals for the D.C. Circuit · May 31, 1991

Qualified immunity is available to federal and state officials charged with constitutional torts so long as “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … Accordingly, the claimants made out a valid claim for a constitutional tort, against which the Deputy lacked qualified immunity.

Spear v. Sowders

71 F.3d 626 · Court of Appeals for the Sixth Circuit · Dec 19, 1995

. § 1983 and now appeals a grant of summary judgment to the defendants on the ground of qualified immunity. A panel of this court reversed the grant of summary judgment. … The defendants filed a motion to dismiss, arguing that qualified immunity protected them from suit.

Miller v. Gammie

292 F.3d 982 · Court of Appeals for the Ninth Circuit · Jun 6, 2002

By way of analogy to qualified immunity cases, if the district court had denied the motion to dismiss on absolute immunity grounds and this court affirmed, a motion for summary judgment on immunity grounds could nonetheless … Id. at 526 , 105 S.Ct. 2806 (recognizing that "[u]nless 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

Elizabeth Jane Hall v. United States of America

773 F.2d 703 · Court of Appeals for the Sixth Circuit · Sep 25, 1985

The Hall II court proceeded to hold that the IRS officials established that they were entitled to qualified immunity from suits for damages because they had acted in good faith. 704 F.2d at 249-50 . … Fitzgerald, 457 U.S. 800 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982), held the IRS officials were entitled to qualified immunity on motion for summary judgment because they had not violated any clearly established constitutional

Jeffries v. Harleston

21 F.3d 1238 · Court of Appeals for the Second Circuit · Apr 18, 1994

Qualified Immunity The defendants contend that even if they did violate Jeffries’ rights, the damage awards should be vacated because the defendants, as government officials, enjoy qualified immunity. … Thus, qualified immunity shields state actors from liability for their official acts unless they violated “clearly established statutory or constitutional rights of which a reasonable person would have known.”

Nemet Chevrolet, Ltd. v. Consumeraffairs. Com, Inc.

591 F.3d 250 · Court of Appeals for the Fourth Circuit · Dec 29, 2009

As we have often explained in the qualified immunity context, “immunity is an immunity from suit rather than a mere defense to liability” and “it is effectively lost if a case is erroneously permitted to go to trial.” … What Nemet contends is that Consumeraffairs.com is also an information content provider as to the twenty posts and, therefore, cannot qualify for § 230 immunity.

Abdulaziz v. Metropolitan Dade County

741 F.2d 1328 · Court of Appeals for the Eleventh Circuit · Sep 18, 1984

Sec. 254a-e, clearly establishes diplomatic immunity as a defense. … Such immunity may be established upon motion or suggestion by or on behalf of the individual, or as otherwise permitted by law or applicable rules of procedure. 9 The language of the statute addresses suits against diplomats

Noel N. Chua, M.D. v. Andrew J. Ekonomou

1 F.4th 948 · Court of Appeals for the Eleventh Circuit · Jun 15, 2021

“Qualified immunity offers complete protection for government officials sued in their individual capacities if their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … Because Chua failed to allege a violation of section 1985, Ekonomou is entitled to qualified immunity. Although we held in Burrell v.

Wages v. Internal Revenue Service

915 F.2d 1230 · Court of Appeals for the Ninth Circuit · Oct 9, 1990

Finally, the defendants are clearly entitled to qualified immunity, since no prior decisions from our circuit have clearly established any of the constitutional rights alleged to have been violated in the amended complaint … Kelly, 858 F.2d 571, 573 (9th Cir.1988) (listing qualified immunity standard); see also Bothke v.

Mahle v. Municipality of Anchorage

313 F. App'x 18 · Court of Appeals for the Ninth Circuit · Aug 29, 2008

Katz, 533 U.S. 194 , 201, 121 S.Ct. 2151 , 150 L.Ed.2d 272 (2001) (holding that second element of qualified immunity test is whether the law violated was clearly established). 3. … Because Crocker was not clearly established law at the time they acted, they too are protected by qualified immunity. 2 The judgment of the district court is AFFIRMED.