Case law

Opinions from 1658 to today.

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  • Donald Morgan v. Michael Robinson

    920 F.3d 521 · Court of Appeals for the Eighth Circuit · Mar 29, 2019

    “The second prong of the qualified immunity analysis asks whether the right in question was ‘clearly established’ at the time of the violation.” Id. at 656. … Having established the facts in the summary judgment record, I now turn to the qualified immunity analysis.

    Cited 87 timesPublished
  • Penn v. Escorsio

    764 F.3d 102 · Court of Appeals for the First Circuit · Aug 22, 2014

    established such that Defendants are not entitled to qualified immunity. … If the assumed facts indicated that they were merely inattentive or careless, then qualified immunity would shield them despite the fact that [they] violated [an inmates’s] clearly established rights.

    Cited 18 timesPublished
  • Reverend Stephen Jarrard v. Sheriff of Polk County

    115 F.4th 1306 · Court of Appeals for the Eleventh Circuit · Sep 16, 2024

    established” to over- come their qualified-immunity defense. … Hartop, 992 F.3d 492, 504–17 (6th Cir. 2021), but that case cannot clearly establish the law in this Circuit for purposes of qualified immunity. Gilmore, 111 F.4th at 1135–36.

    Cited 24 timesPublished
  • Riggins v. Goodman

    572 F.3d 1101 · Court of Appeals for the Tenth Circuit · Jul 10, 2009

    Cline, 519 F.3d 1090, 1092 (10th Cir. 2008) (explaining that qualified immunity shields officials from damages actions unless their conduct was unreasonable in light of clearly established law). … clearly established constitutional rights.

    Cited 219 timesPublished
  • Hamm v. Powell

    874 F.2d 766 · Court of Appeals for the Eleventh Circuit · Jun 6, 1989

    Nevertheless, they did not waive their right not to be held liable for conduct that did not violate clearly established law. *771 In Harlow , the Supreme Court reshaped the doctrine of qualified immunity and held that “government … Neither Johnson nor Gilmere involved a defense of qualified immunity. .

    Modified by Hamm v. Powell, 893 F.2d 293 (1990)Cited 16 timesPublished
  • HOOVER v. GREYHOUSE

    District Court, S.D. Indiana · Aug 30, 2024

    Hoover's right to meaningful review of his placement in segregation, it need not address their argument that they are entitled to qualified immunity. See Abbott v. … constitutional right was 'clearly established’ at the time of the official's alleged misconduct.").

    Cited 0 timesUnknown
  • Backlund v. Barnhart

    778 F.2d 1386 · Court of Appeals for the Ninth Circuit · Dec 17, 1985

    that those rights were clearly established at the time of the conduct at issue. 23 See also Harlow v. … Davis extended the rule of qualified immunity to state officials. 104 S.Ct. at 3020 n. 12.

    Cited 95 timesPublished
  • Makin v. Colorado Department of Corrections

    183 F.3d 1205 · Court of Appeals for the Tenth Circuit · Jul 12, 1999

    Defendants contend they are entitled to qualified immunity because at the time of the relevant events, there was no clearly established law, that is, Supreme Court or Tenth Circuit authority, “which sets forth the parameters … City , 879 F.2d 706, 729 n.37 (10th Cir. 1989) (“[S]tructuring the inquiry [into what right must be clearly established] too narrowly would render the defense [of qualified immunity] available to all public officials except

    Cited 240 timesPublished
  • John M. Gainor v. Scott Rogers City of Moorhead, a Minnesota Municipality and John Doe

    973 F.2d 1379 · Court of Appeals for the Eighth Circuit · Oct 9, 1992

    qualified immunity. … Mitchell once again makes clear what the court’s objective analysis should be on such a motion: Unless the plaintiff’s allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity

    Cited 73 timesPublished
  • Easley

    District Court, D. Kansas · Jan 16, 2026

    “His response brief failed even to include the terms ‘qualified immunity’ or ‘clearly established.’” Id. … of establishing that the rights in question were clearly established at the time”).

    Cited 0 timesUnknown
  • Doe v. Whelan

    Court of Appeals for the Second Circuit · Oct 17, 2013

    Such a state official is entitled to qualified immunity from actions under 42 U.S.C. § 1983 “unless the official's conduct violated a clearly established constitutional right.” Pearson v. … Where the law is clearly established, “a caseworker is . . . entitled to qualified immunity if officers of reasonable competence could disagree on the legality of the action at issue in its particular factual context.”

    Cited 0 timesPublished
  • Dale v. Kelley

    908 F. Supp. 125 · District Court, W.D. New York · Dec 6, 1995

    “Under qualified immunity, a government official may claim immunity from suit only when in light of clearly established law and the information the official possesses, it was objectively reasonable for him to think that his … One basis upon which a qualified immunity defense can be established is by showing that the right allegedly violated was not clearly established at the time of the acts in question.

    Cited 13 timesPublished
  • Randall Martin v. Robert Goldsmith

    Court of Appeals for the Seventh Circuit · Dec 31, 2025

    Qualified immunity protects government officials from civil liability to the extent that their conduct does not violate a clearly established statutory or constitutional right to which a reasonable person would have known … To overcome the defense of qualified immunity, Martin must show (1) the defendants violated a constitutional right and (2) the right was clearly established at the time of the challenged conduct. Doe v.

    Cited 0 timesPublished
  • Bentley v. Dennison

    852 F. Supp. 2d 379 · District Court, S.D. New York · Feb 10, 2012

    Qualified Immunity Qualified immunity protects officials from liability if “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” 30 The Second … lower courts, and that therefore Earley’s holding was not clearly established, has been the linchpin of their continued success in obtaining qualified immunity.

    Cited 15 timesPublished
  • Cruz v. City of Laramie

    239 F.3d 1183 · Court of Appeals for the Tenth Circuit · Feb 15, 2001

    Clearly Established Law The district court also found, in applying the second part of the test, that the constitutional right allegedly violated was clearly established and that defendants acted unreasonably. … While the federal qualified immunity standard focuses on whether a right was clearly established such that the officers would know their conduct violated that right, state law immunity in Wyoming requires that the officers

    Cited 47 timesPublished
  • LaBounty v. Coughlin

    137 F.3d 68 · Court of Appeals for the Second Circuit · Feb 13, 1998

    Qualified Immunity The doctrine of qualified immunity is well established. … Where a right is clearly established, “the defendants may nonetheless establish immunity by showing that reasonable persons in their position would not have understood that their conduct was within the scope of the established

    Cited 135 timesPublished
  • Williams v. O'Brien

    78 Mass. App. Ct. 169 · Massachusetts Appeals Court · Oct 25, 2010

    It is well established that the MCRA incorporates the standard of immunity for public officials developed under 42 U.S.C. § 1983 , and accordingly “public officials are not liable under the [MCRA] for their discretionary … acts, unless they have violated a right under Federal or State constitutional or statutory law that was ‘clearly established’ at the time.”

    Cited 15 timesPublished
  • James J. Giuffre v. Nicholas Bissell Richard Thornburg Robert Smith Russ Leffert Sam Debella Richard Meyers County of Somerset

    31 F.3d 1241 · Court of Appeals for the Third Circuit · Aug 4, 1994

    It also ruled that none of the individual officials was entitled to qualified immunity because Giuffre had raised a genuine issue of material fact as to whether any clearly established laws had been violated by the officials … The “clearly established” standard of Harlow was delineated by the Supreme Court in Anderson v.

    Cited 156 timesPublished
  • Cody v. Weber

    256 F.3d 764 · Court of Appeals for the Eighth Circuit · Jul 9, 2001

    the policy was in order (as opposed to injunctive relief limited to the single inmate). 113 F.3d at 892 . 2 We decline the prison officials' invitation to affirm the entry of summary judgment on the alternative grounds of qualified … immunity.

    Cited 42 timesPublished
  • BORONDY v. DRAHER

    District Court, S.D. Indiana · Jan 10, 2022

    A right is clearly established for purposes of qualified immunity where: (1) "a closely analogous case establishes that the conduct is unconstitutional"; or (2) "the violation is so obvious that a reasonable state actor … Ct. 577, 590 (2018) (constitutional right is clearly established for purposes of qualified immunity analysis if "every reasonable official would interpret [then-existing precedent] to establish the particular rule the plaintiff

    Cited 0 timesUnknown

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