Case law

Joseph M. Schultea, Sr. v. David Robert Wood, David Robert Wood, Homer Ford, W.F. "Slim" Plagens and Warren K. Driver

47 F.3d 1427 · Court of Appeals for the Fifth Circuit · Mar 9, 1995

Justice Scalia’s opinion for the Court turned to the element of “clearly established law.” … applicable law is and whether it was clearly established when the action occurred.

John Pendleton Russell Signorino v. St. Louis County Economic Council of St. Louis County Robert P. McCulloch James Redmond, James E. Baker Judith K. Parker Michael Baker Ronald A. Battelle Harold Klein Howard Eaton George Damos Roger Melton, Dennis Coleman, Individually and in Their Official Capacities, John Pendleton Russell Signorino v. St. Louis County Economic Council of St. Louis County Robert P. McCulloch James Redmond, James E. Baker Judith K. Parker Michael Baker Ronald A. Battelle Harold Klein Howard Eaton George Damos Roger Melton Dennis Coleman, Individually and in Their Official Capacities

178 F.3d 1007 · Court of Appeals for the Eighth Circuit · Jun 2, 1999

Pelletier, it stated that precedent "clearly establishes that an order rejecting the defense of qualified immunity at either the dismissal stage or the summary-judgment stage is a 'final' judgment subject to immediate appeal … believed their conduct did not violate clearly established law); Miller v.

Hawker v. Sandy City Corporation

Court of Appeals for the Tenth Circuit · Dec 5, 2014

“When a defendant asserts qualified immunity at summary judgment, the burden shifts to the plaintiff to show that: (1) the defendant violated a constitutional right and (2) the constitutional right was clearly established … But because the Supreme Court has broken down the burden of plaintiffs in a qualified immunity case into two prongs—a constitutional violation and clearly established law—courts often mistakenly grant qualified immunity to

Jennifer Johnson v. Joe Phillips

664 F.3d 232 · Court of Appeals for the Eighth Circuit · Dec 22, 2011

In determining whether a government official is entitled to qualified immunity, we ask (1) whether the facts alleged establish a violation of a constitutional or statutory right and (2) whether that right was clearly established … Holloway, 316 F.3d 777 (8th Cir. 2003), this court held that an official acting outside the clearly established “scope of his discretionary authority is not entitled to claim qualified immunity under § 1983.”

Vander Zee v. Reno

73 F.3d 1365 · Court of Appeals for the Fifth Circuit · Feb 2, 1996

established as to overcome the defense of qualified immunity. … established constitutional right which would overcome a qualified immunity defense.

Robert Anthony Carter v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional Division

110 F.3d 1098 · Court of Appeals for the Fifth Circuit · Apr 9, 1997

Therefore, the determination of the state court represented neither an unreasonable interpretation of the facts nor an unreasonable application of clearly established federal law. V. … Mindful that we must honor this determination unless it constitutes an “unreasonable application” of clearly established federal law, we conclude that Carter’s confession was voluntary.

Rocky Lynn Thompson v. Timothy Zimmerman and D.F. Peninger, Benton County Jailors, in Their Official and Individual Capacities

350 F.3d 734 · Court of Appeals for the Eighth Circuit · Dec 1, 2003

We further conclude that the constitutional right asserted by Thompson — the right to be free from excessive force — was clearly established on the date of Thompson’s arrest and alleged beating. See Guite v. … Accordingly, we reverse the district court’s grant of summary judgment based on qualified immunity, and remand for further proceedings consistent with this opinion.

David Mogard v. City of Milbank

932 F.3d 1184 · Court of Appeals for the Eighth Circuit · Aug 8, 2019

Id. at 523 (granting defendants qualified immunity on § 1983 First Amendment retaliation claim because it was not clearly established that plaintiff’s termination violated his First Amendment rights). … In a qualified immunity summary judgment appeal, this court may consider whether the facts viewed most favorably to the nonmovant constitute a violation of clearly established law. Id.

Anderson v. Creighton

483 U.S. 635 · Supreme Court of the United States · Jun 25, 1987

action is a violation) violates a clearly established right. … As we noted before, Harlow clearly expressed the understanding that the general principle of qualified immunity it established would be applied “across the board.”

David Hopper v. Phil Plummer

887 F.3d 744 · Court of Appeals for the Sixth Circuit · Apr 12, 2018

Qualified immunity shields public officials from civil liability under 42 U.S.C. § 1983 unless their actions violate clearly established rights “of which a reasonable person would have known.” Harlow v. … was clearly established at the time of the challenged conduct.”

Derrick Bunkley v. City of Detroit, Mich.

902 F.3d 552 · Court of Appeals for the Sixth Circuit · Aug 29, 2018

Qualified immunity shields government officials in the performance of discretionary functions from standing trial for civil liability unless their actions violate clearly established rights of which a reasonable person would … was clearly established.

Thomas Hobgood v. Illinois Gaming Board

731 F.3d 635 · Court of Appeals for the Seventh Circuit · Jul 16, 2013

Qualified immunity “protects government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitu- tional rights of which a reasonable person would have … The defendants argue that they are immune because Hobgood did not have a clearly estab- lished right to deliver confidential information to Gnutek, but their argument is irrelevant to the issue of qualified immunity.

Spencer v. Pistorius

605 F. App'x 559 · Court of Appeals for the Seventh Circuit · Mar 25, 2015

Beyond this, the court added, the undisputed evidence establishes that the two officers had acted reasonably and thus were entitled to qualified immunity. II. … As a fallback these defendants invoke qualified immunity, but their argument is feeble.

Nunez v. Simms

341 F.3d 385 · Court of Appeals for the Fifth Circuit · Jul 30, 2003

alleged the violation of a clearly established federal constitutional right. … The plaintiff's showing of a violation of a clearly established constitutional right is a “prerequisite” to overcoming the qualified immunity defense; failure to do so obviates the need to address the

Lennox v. Miller

968 F.3d 150 · Court of Appeals for the Second Circuit · Jul 29, 2020

Officers Miller and Clarke contend that because their actions did not violate “clearly established law,” the district court erred in denying them qualified immunity at this juncture. … “There are therefore two steps to the qualified immunity analysis: first, whether the plaintiff established that his constitutional rights were violated, and second, whether the right at issue was ‘clearly established’

Kenneth L. Erickson v. United States of America Bryon Simon Douglas Hebert Kenneth Ingleby Charles Hill

976 F.2d 1299 · Court of Appeals for the Ninth Circuit · Oct 7, 1992

In addition, the individually named defendants would be qualifiedly immune as there was no clearly established constitutional principle prohibiting the acts alleged by the plaintiff.” … We have divided the qualified immunity analysis into three inquiries: (1) the identification of the specific right allegedly violated; (2) the determination of whether that right was so “clearly established” as to alert a

Sueiro Vazquez v. Torregrosa De La Rosa

494 F.3d 227 · Court of Appeals for the First Circuit · Jul 19, 2007

clearly established rights of the plaintiffs. … For example, in Borges Colón, an advice of counsel defense failed to establish qualified immunity.

Andre Johnson v. Jeremy Moseley

790 F.3d 649 · Court of Appeals for the Sixth Circuit · Jun 2, 2015

Page 2 of clearly established federal law. … “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.” Mitchell v.

Kenneth Hunter v. Town of Mocksville, North Caro

789 F.3d 389 · Court of Appeals for the Fourth Circuit · Jun 15, 2015

To successfully avail themselves of qualified immunity, Defendants must show either that no constitutional violation occurred or that the right violated was not clearly established at the timé it was violated. Id. … Qualified immunity shields government officials “who commit constitutional violations but who, in light of clearly established law, could reasonably believe that their actions were lawful.” Henry, 652 F.3d at 531 .

66 Fair empl.prac.cas. (Bna) 290, 65 Empl. Prac. Dec. P 43,347 Susan A. Bator v. State of Hawaii, and Carolyn M. Kainuma, in Her Individual Capacity Warren T. Asaeda, in His Individual Capacity

39 F.3d 1021 · Court of Appeals for the Ninth Circuit · Nov 8, 1994

right to be free of harassment that is motivated by gender. 28 Qualified immunity protects state officials from section 1983 liability if their conduct does not violate "clearly established statutory or constitutional rights … The defendants argue, however, that they are entitled to qualified immunity because the constitutional right to be free of sexual harassment was not clearly established during the period of Bator's employment.