Case law

Kishna Brown v. Bradley Lewis

779 F.3d 401 · Court of Appeals for the Sixth Circuit · Feb 26, 2015

“Qualified immunity protects government officials performing discretionary functions unless their conduct violates a clearly established statutory or constitutional right of which a reasonable person in the official's position … Second, the officers seem to interpret Dorsey as establishing additional deference for law-enforcement decision-making, beyond the constitutional and clearly-established prongs of the qualified-immunity

Rochon v. City of Angola,et al

122 F.3d 319 · Court of Appeals for the Fifth Circuit · Sep 24, 1997

The first step is to determine whether the plaintiff has alleged a violation of a clearly established constitutional right. … If the court finds no constitutional injury, it need not address the issue of qualified immunity. Quives v. Campbell, 934 F.2d 668, 671 (5th Cir.1991).

Kuhl v. Fields

District Court, E.D. Kentucky · Feb 11, 2025

Kuhl continued to display difficulty speaking clearly and was visibly unsteady. (Doc. # 77- 5 at 39:40-41:25). Mr. … Appx. 481, 482 (6th Cir. 2009) (defendants entitled to qualified immunity because “at the time of the events [], an intoxicated detainee had no clearly established constitutional right to a hospital evaluation in the absence

Smith v. Siegelman

322 F.3d 1290 · Court of Appeals for the Eleventh Circuit · Feb 28, 2003

The qualified immunity defense may be raised and addressed on a motion to dismiss, and will be granted if the complaint “fails to allege the violation of a clearly established constitutional right.” Chesser v. … Qualified immunity protects government officials sued 'in their individual capacities as long as their conduct does not violate “clearly established statutory or constitutional rights of which a reasonable person would have

Porter v. Epps

659 F.3d 440 · Court of Appeals for the Fifth Circuit · Sep 28, 2011

in light of clearly established law at the time of the violation. … We further noted that “the subjective deliberate indifference standard serves only to demonstrate the clearly established law in effect at the time of the incident.” Id. Here, we are concerned with qualified immunity.

Juan Shelton v. Brian Stevens

964 F.3d 747 · Court of Appeals for the Eighth Circuit · Jul 9, 2020

The district court ruled that all officers except Stevens were entitled to qualified immunity. … Even so, to defeat Stevens’s defense of qualified immunity, Shelton must demonstrate that his right to be free from this particular use of force was clearly established at the time of the incident.

Jeanne Zaloga v. Borough of Moosic

841 F.3d 170 · Court of Appeals for the Third Circuit · Oct 24, 2016

Mercatili now appeals, arguing that he is entitled to qualified immunity because his conduct, even if Zaloga’s allegations are true, did not violate clearly established law. … Under the high standard for “clearly established” law, that is enough to defeat the Plaintiffs’ challenge to qualified immunity. V.

People of Guam v. ELIGIO ADRIATICO

Supreme Court of Guam · Dec 13, 2024

Md. 1976) (applying Kastigar, stating, “The legislative history of this statute clearly reveals a congressional intent that a ‘statutory (claim of immunity) . . . be as broad as, but no broader than, the privilege against … [58] Here, the established principles of federal law dictate a result—the alleged unconstitutional action does not fall below a federal floor.

Anmarie Calgaro v. St. Louis County

919 F.3d 1054 · Court of Appeals for the Eighth Circuit · Mar 25, 2019

Nor is it clearly established that parents have a constitutional right to manage all details of their children’s education or to obtain consultation with school officials on everyday … Because existing precedent does not clearly establish the rights that Calgaro asserts, Johnson is entitled to qualified immunity. Ashcroft v. al-Kidd, 563 U.S. 731, 741 (2011).

Navreet Nanda v. Gerald Moss

412 F.3d 836 · Court of Appeals for the Seventh Circuit · Jun 27, 2005

ANALYSIS Government officials performing discretionary functions are entitled to qualified immunity from suit unless their conduct violated “clearly established ... constitutional rights of which a reasonable person would … Nanda’s Clearly Established Rights Having found that Dean Moss’s alleged actions violated Dr. Nanda’s constitutional rights, Dean Moss would still be entitled to qualified immunity if Dr.

Brian Baude v. Gerald Leyshock

23 F.4th 1065 · Court of Appeals for the Eighth Circuit · Jan 27, 2022

“Qualified immunity shields government officials from liability in a § 1983 action unless the official’s conduct violates a clearly established constitutional or statutory right of which a reasonable person would have known … Baude’s right to be free from the alleged types of force was clearly established in September of 2017. See Johnson v.

Murray v. White

155 Vt. 621 · Supreme Court of Vermont · Jan 18, 1991

It is thus hard to consider it as having created clearly established law. … To so require would undermine the very purpose of qualified immunity — allowing an official to act without fear of suit unless she should know that what she is doing is in violation of clearly established rights — because

Woodward v. Weber County

District Court, D. Utah · Mar 27, 2024

QUALIFIED-IMMUNITY ANALYSIS: CLEARLY ESTABLISHED PRONG Due to Defendant's assertion of a qualified-immunity defense, Plaintiff is burdened with showing that Defendant Sampson transgressed his clearly established … Qualified-Immunity Summary Plaintiff has not carried his burden under the second prong of his qualified-immunity requirements in that he has not shown clearly established law supports his constitutional

Henry v. Purnell

652 F.3d 524 · Court of Appeals for the Fourth Circuit · Jul 14, 2011

Henry stressed that “[i]t has been clearly established ... … Qualified immunity protects officers who commit constitutional violations but who, in light of clearly established law, could reasonably believe that their actions were lawful. Saucier v.

Jane Doe v. Village of Arlington Heights

782 F.3d 911 · Court of Appeals for the Seventh Circuit · Apr 13, 2015

Qualified immunity shields a govern- ment official from liability for damages when the official’s “conduct does not violate ‘clearly established statutory or constitutional rights of which a reasonable person would have known … Walker, 740 F.3d 1088, 1095–97 (7th Cir. 2014) (holding that the plaintiff failed to establish a clearly estab- lished right and the district court erred in denying the de- fendants’ motion to dismiss on qualified immunity

James E. Williams v. Nancy Anderson and S.D. Parwatikar

959 F.2d 1411 · Court of Appeals for the Seventh Circuit · Apr 9, 1992

Thus, in assessing the qualified immunity claims, our concern is whether statutes or caselaw existed in August 1985 to establish clearly that a state prisoner held in a psychiatric unit had a right under the Eighth or Fourteenth … Williams’ claim for damages by the doctrine of qualified immunity; neither Nurse Anderson nor Dr. Parwatikar violated any constitutional right that was clearly established at the time of the incident.

Walter Dartland v. Metropolitan Dade County, a Political Subdivision of the State of Florida, Sergio Pereira

866 F.2d 1321 · Court of Appeals for the Eleventh Circuit · Feb 27, 1989

Pereira moved for summary judgment based on qualified immunity. The district court denied the motion. The Supreme Court formed the principle of qualified immunity in Harlow v. … “The words ‘clearly established ... constitutional rights’ may not be used to read the defense of immunity out of federal tort law by the facile expedient of stating constitutional rights in the most general possible terms

Worley v. Ewing

District Court, S.D. West Virginia · Aug 12, 2020

established right to overcome qualified immunity, purpose rather than knowledge is required...”). … Because Worley’s Amended Complaint fails to state a plausible violation of any clearly established constitutional right by these defendants, I FIND that they are entitled to qualified immunity on Worley’s claims against

Harris v. City of Circleville

583 F.3d 356 · Court of Appeals for the Sixth Circuit · Oct 2, 2009

The Court, however, retains jurisdiction over the legal question of qualified immunity, i.e., whether a given set of facts violates clearly established law. Id. … Under the doctrine of qualified immunity, government officials performing discretionary functions generally are shielded from liability from civil damages insofar as their conduct does not violate *365 clearly established

Post v. City of Fort Lauderdale

7 F.3d 1552 · Court of Appeals for the Eleventh Circuit · Nov 9, 1993

Defendants are, at least, entitled to qualified immunity because no facts before us show defendants violated clearly established law. See Lindsey v. … Hurley is entitled to qualified immunity because Hurley's acts, as established by the record before us, violated no clearly established law. C.