Case law

Sherman L.G. Noble v. Janice Schmitt and Connie Stevens

87 F.3d 157 · Court of Appeals for the Sixth Circuit · Jun 14, 1996

Under the qualified immunity doctrine, “government officials performing discretionary functions generally are shielded from liability or civil damages insofar as their conduct does not violate clearly established statutory … Preferably, the claimant will make factual allegations in his complaint which are sufficient to establish a violation of clearly established law before the qualified immunity issue arises. Dominque, 831 F.2d at 676 .

Martha Romero v. City of Grapevine, Texas

888 F.3d 170 · Court of Appeals for the Fifth Circuit · Apr 20, 2018

. § 1983 on the basis of qualified immunity. For the reasons stated below, we AFFIRM. … because the right, defined at a fact specific level, was not clearly established at the time of the violation.

Robert Wilson v. David Spain

Court of Appeals for the Eighth Circuit · Apr 5, 2000

established. … fell swoop 3 Since the right to be free from excessive force in the context of an arrest has been clearly established for some time, other circuits have simply held that, in excessive-force cases, the qualified-immunity

High v. Fuchs

74 F. App'x 499 · Court of Appeals for the Sixth Circuit · Aug 25, 2003

prohibited and, and therefore, qualified immunity was improper. … We have established that there are two ways in which a plaintiff seeking to overcome the bar of qualified immunity can show that a right was clearly established in the law at the time the alleged violation occurred.

Stella v. Davis County

District Court, D. Utah · Sep 14, 2022

ANALYSIS To overcome a qualified immunity defense, Plaintiffs must show “(1) a violation of a constitutional right, and (2) that the right was clearly established.” Prince v. … And, as noted above, that right was clearly established. Accordingly, Anderson is not entitled to qualified immunity. See Prince v.

Eric Darden v. City of Fort Worth, Texas

880 F.3d 722 · Court of Appeals for the Fifth Circuit · Jan 24, 2018

The district court determined that the officers had not violated clearly established law and were thus entitled to qualified immunity. … Once an official pleads qualified immunity, “the burden then shifts to the plaintiff, who must rebut the defense by establishing a genuine fact issue as to whether the official’s allegedly wrongful conduct violated clearly

Bruning v. Pixler

949 F.2d 352 · Court of Appeals for the Seventh Circuit · Nov 15, 1991

Fitzgerald, 457 U.S. 800 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982), the Court adopted an objective standard for qualified immunity. … alleged conduct violated the law and that that law was clearly established when the alleged violation occurred."

Acevedo-Garcia v. Vera-Monroig

Court of Appeals for the First Circuit · Feb 17, 2000

changes in work conditions and <br>responsibilities was "clearly established." … clearly enough to reject the <br>qualified immunity defense of the defendants.

Grant v. Riverside Corp.

364 Pa. Super. 593 · Supreme Court of Pennsylvania · May 21, 1987

Clearly, from a review of the above criteria, it is not mandatory that a contractor be the general contractor on a construction project to qualify as a statutory employer. … Clearly, this language is distinguishable from our Section 203, in its explicit extension of immunity to all contractors and subcontractors present at the job site and conducting the business of the injured employee’s direct

Hamilton v. Cannon

80 F.3d 1525 · Court of Appeals for the Eleventh Circuit · Apr 19, 1996

The court also granted Lonnie Brown summary judgment on the section 1983 claims, in his individual capacity, on the ground of qualified immunity. Id. … On appeal, we reversed the district court's denial of qualified immunity to defendants Tookes and Duncan on the section 1983 claims. Hamilton v. Cannon, 80 F.3d 1525, 1532 (11th Cir.1996).

Fabien Eldridge v. William E. Gibson, David Day, Robert Durham, Michael H. Knowlton, and Sam Lee

332 F.3d 1019 · Court of Appeals for the Sixth Circuit · Jun 19, 2003

Cameron Co., Tex., 274 F.3d 269, 276 (5th Cir.2001) (“It is a well established rule that where a judge’s absolute immunity would protect him from liability for the performance of particular acts, mere allegations that he … Eldridge’s argument that the Thirteenth Judicial District is a “person” subject to suit under § 1983 also fails because, as Judge Haynes discussed, the Thirteenth Judicial District is clearly a branch of the *1022 state and

Williams v. Jackson

600 F.3d 1007 · Court of Appeals for the Eighth Circuit · Mar 25, 2010

Qualified Immunity Qualified immunity generally shields “[g]overnment officials performing discretionary functions . . . from liability for civil damages insofar as their conduct does not violate clearly established … established right to be free from such radiation, qualified immunity applies.

Kercado-Clymer v. City of Amsterdam

370 F. App'x 238 · Court of Appeals for the Second Circuit · Mar 25, 2010

To be denied summary judgment on qualified immunity, an official must violate clearly established law. Harlow, 457 U.S. at 818. … We conclude that Brownell’s actions, while patently inappropriate, did not violate clearly established law.

McKenna v. Edgell

617 F.3d 432 · Court of Appeals for the Sixth Circuit · Aug 17, 2010

The court applied the doctrine of qualified immunity because “there is no ‘clearly established law 1 creating federal liability for a constitutional tort” that occurs when paramedics responding to an emergency restrain a … As described above, both actions violated clearly established constitutional rights, and the denial of qualified immunity was appropriate. C.

Hershel Rosenbaum v. Washoe County

663 F.3d 1071 · Court of Appeals for the Ninth Circuit · Nov 30, 2011

, whether that right was clearly established at the time of the event. … WASHOE COUNTY qualified immunity where “every reasonable official” would have understood that he was violating a clearly established right (emphasis added) (internal quotation marks and citation omitted)).2 In this case

Knopf v. Williams

884 F.3d 939 · Court of Appeals for the Tenth Circuit · Mar 5, 2018

He moved for summary judgment based on qualified immunity because (1) Mr. Knopf had failed to prove a violation of a constitutional right, and (2) the law was not clearly established at the time of Mr. … Knopf with clearly established law to overcome Mayor Williams's qualified immunity defense.

Mejia v. Lafayette Consolidated Government

District Court, W.D. Louisiana · Mar 20, 2025

To overcome qualified immunity, a plaintiff must establish: (1) the official violated a statutory or constitutional right; and (2) the right violated was “clearly established” such that a reasonable person … established for purposes of qualified immunity.!

Smith v. Cupp

430 F.3d 766 · Court of Appeals for the Sixth Circuit · Dec 2, 2005

The district court denied Dunn qualified immunity. … The particular right at issue was clearly established. Thus, Dunn is not entitled to qualified immunity.

Livant v. Clifton

272 F. App'x 113 · Court of Appeals for the Second Circuit · Apr 7, 2008

Government officials performing discretionary functions are generally granted qualified immunity and are “shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or … They are entitled to qualified immunity if (1) their conduct does not violate “clearly established” rights of which a reasonable person would have known, id.

Walden v. City of Seattle

77 Wash. App. 784 · Court of Appeals of Washington · Apr 3, 1995

In an action under § 1983, government employees, including police officers, are afforded qualified immunity under federal law unless, in the performance of discretionary duties, their conduct violated " 'clearly established … Thus, entitlement to qualified immunity may be established as a matter of law on a motion for summary judgment or for a directed verdict. Robinson v. Seattle, 119 Wn.2d 34 , 830 P.2d 318 , cert. denied, 113 S.