Case law
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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 timesPublished764 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 timesPublishedReverend 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 timesPublished572 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 timesPublished874 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 timesPublishedDistrict 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 timesUnknown778 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 timesPublishedMakin 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 timesPublishedJohn 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 timesPublishedDistrict 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 timesUnknownCourt 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 timesPublished908 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 timesPublishedRandall 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 timesPublished852 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 timesPublished239 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 timesPublished137 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 timesPublished78 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 timesPublished31 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 timesPublished256 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 timesPublishedDistrict 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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