Case law

White v. Pauly

26 Fla. L. Weekly Fed. S 409 · Supreme Court of the United States · Jan 9, 2017

All three officers moved for summary judgment on qualified immunity grounds. … Qualified immunity attaches when an official's conduct " 'does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.' " Mullenix v.

McRaven v. Sanders

577 F.3d 974 · Court of Appeals for the Eighth Circuit · Aug 20, 2009

was clearly established at the time of the deprivation.” … The district court denied defendant-appellants qualified immunity. A detainee’s right to medical treatment is clearly established. Estelle, 429 U.S. at 104 , 97 S.Ct. 285 .

Pritchett v. Alford

973 F.2d 307 · Court of Appeals for the Fourth Circuit · Aug 19, 1992

Immunity may thus be established either on the basis that the right allegedly (or actually) violated was not at the time one “clearly established,” or that, though “clearly established” (and violated), it was one that a “ … But as earlier noted, a specific prior adjudication of right is not necessary to make it one “clearly established” for qualified immunity purposes.

Jerry Lawler v. Hardeman Cnty., Tenn.

93 F.4th 919 · Court of Appeals for the Sixth Circuit · Feb 16, 2024

Qualified immunity shields public officials from the time and expense of a trial unless their actions infringed “clearly established” rules that a “reasonable person” would have understood. … The changes do not affect our resolution because Lawler’s father must overcome qualified immunity’s “clearly established” prong.

David Engel v. J. Wendl, Larry Brimeyer

921 F.2d 148 · Court of Appeals for the Eighth Circuit · Jan 31, 1991

The Court in Harlow established that in passing upon the issue of this qualified or “good faith” immunity, courts must apply an objective standard of reasonableness. Id.; Anderson v. … , Wendl and Brimeyer are not entitled to qualified immunity.

Craig Singletary v. MO Dept. of Correct

Court of Appeals for the Eighth Circuit · Sep 14, 2005

Texas Tech Univ., 80 F.3d 1042, 1046 (5th Cir. 1996) (holding that Texas Tech and Texas Tech employees enjoy Eleventh Amendment immunity and qualified immunity respectively against § 1981 claims); Mitchell v. … Dept., 297 F.3d 751, 759 (8th Cir. 2002) (surveying the law and concluding that it was "clearly established" that at-will employees could sue for employment discrimination under § 1981).

Ashker v. Schwarzenegger

339 F. App'x 751 · Court of Appeals for the Ninth Circuit · Jul 30, 2009

McGrath is therefore entitled to qualified immunity. See Brosseau v. … Haugen, 543 U.S. 194, 198 , 125 S.Ct. 596 , 160 L.Ed.2d 583 (2004) (holding officer entitled to immunity “[i]f the law at the time did not clearly establish that the officer’s conduct would violate the Constitution”).

C. B. v. City of Sonora

769 F.3d 1005 · Court of Appeals for the Ninth Circuit · Oct 15, 2014

Next we turn to Chief McIntosh’s and Officer Prock’s qualified immunity arguments. We review de novo a district court’s qualified immunity order denying judgment as a matter of law. La-Londe v. … To determine whether an individual officer is entitled to qualified immunity, we ask (1) whether the official violated a constitutional right and (2) whether the constitutional right was clearly established. Pearson v.

Branch v. Tunnell

937 F.2d 1382 · Court of Appeals for the Ninth Circuit · Jun 27, 1991

Tunnell is false and unsubstantiated. 8 On October 3, 1988, Tunnell moved to dismiss Branch's suit on grounds of qualified immunity, arguing that under the objective qualified immunity standard established by the Supreme … C 23 Under this heightened pleading standard, we conclude that Branch's complaint fails adequately to allege a violation of clearly established rights under Franks.

Neal-Lomax v. Las Vegas Metropolitan Police Department

574 F. Supp. 2d 1170 · District Court, D. Nevada · Sep 2, 2008

Even if Rader’s use of force was constitutionally unreasonable, Rader is entitled to qualified immunity. … The plaintiff bears the burden of showing that the right at issue was clearly established. Sorrels, 290 F.3d at 969 .

Brian Davis v. George Wigen

76 F.4th 246 · Court of Appeals for the Third Circuit · Aug 4, 2023

Qualified Immunity The Federal Defendants argue that they are entitled to qualified immunity as to Plaintiffs’ RFRA claim because the law was not clearly established when Moshannon Valley denied Davis’s marriage request … Fitzgerald, 457 U.S. 800, 818 (1982) (holding that qualified immunity protects government officials performing discretionary functions “insofar as their conduct does not violate clearly established statutory or constitutional

Tubbs v. Schnell

District Court, E.D. Wisconsin · Aug 16, 2023

— be clearly established”) (collecting cases); Millspaugh v. … Welfare, 937 F.2d 1172, 1176 (7th Cir. 1991) (“[S]ocial workers must settle for qualified immunity [as opposed to absolute immunity] when taking initial custody of children.”) (collecting cases).

Kendrick Story v. Maxcie Foote

782 F.3d 968 · Court of Appeals for the Eighth Circuit · Apr 9, 2015

Correctional officers are entitled to qualified immunity unless they violated clearly established rights of the inmate of which a reasonable person would have known, see Pearson v. … The *971 Supreme Court recently has reserved judgment twice on the question whether decisions of a federal court of appeals are a source of clearly established law for purposes of qualified immunity analysis.

Barber v. Miller

809 F.3d 840 · Court of Appeals for the Sixth Circuit · Dec 2, 2015

We therefore confine our inquiry to the clearly established prong of the qualified-immunity analysis. … Because Barber fails to show that these rights were clearly established at the time of the interviews, Miller enjoys qualified immunity.

Mulligan v. Rioux

229 Conn. 716 · Supreme Court of Connecticut · Jun 28, 1994

In accordance with this established precedent, the defendants were entitled to qualified immunity as a matter of law only if, on the facts found, their conduct either did not violate “clearly established rights” of which … Fountain, supra, *742 915 F.2d 823 (“to establish the qualified immunity-defense, a police officer must satisfy one of two tests: either that his [or her] conduct did not violate ‘clearly established rights’ of which a reasonable

Shreve v. Jessamine County Fiscal Court

453 F.3d 681 · Court of Appeals for the Sixth Circuit · Jul 7, 2006

Shreve has provided sufficient evidence of a violation of her clearly established constitutional right against the use of excessive police force in the course of arrest, and qualified immunity is not warranted under Saucier … immunity is not available for lack of a "clearly established" right.

Jackson-Gibson v. Beasley

District Court, E.D. Michigan · Nov 1, 2023

not preclude a finding that the right was clearly established”). … This Court was not mistaken in its qualified immunity analysis. It applied the proper standard for assessing clearly established law when deciding Mr.

James McCreary v. Jeffery Richardson

738 F.3d 651 · Court of Appeals for the Fifth Circuit · Oct 7, 2013

of particular conduct is clearly established.” … As this court has noted, an official: does not lose qualified immunity merely because a certain right is clearly established in the abstract.

Willis v. Cook County

District Court, N.D. Illinois · Dec 20, 2024

clearly established law.’” … For the purposes of qualified immunity, a detainee’s constitutional right to receive adequate medical care is clearly established law. Board v.

Mccarthy v. Mayo

827 F.2d 1310 · Court of Appeals for the Ninth Circuit · Oct 30, 1987

But a governmental official has immunity for discretionary acts so long as those acts do not violate a clearly established constitutional right. Harlow v. … Forsyth, 472 U.S. 511 , 105 S.Ct. 2806 , 86 L.Ed.2d 411 (1985) (qualified immunity available where the right violated was not clearly established at the time the act took place). 18 McCarthy alleges that the defendants' conspiracy