Case law
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Jeffrey C. Rahn v. Vickie Hawkins
73 F. App'x 898 · Court of Appeals for the Eighth Circuit · Aug 26, 2003
The district court found the officers were entitled to qualified immunity on the excessive-force claim and granted summary judgment to defendants on the remaining claims.1 We reverse the grant of qualified immunity, and we … We also hold that the constitutional right at issue was clearly established. See Hope v.
Cited 6 timesUnpublished268 N.J. Super. 337 · New Jersey Superior Court Appellate Division · Nov 16, 1993
Qualified immunity shields government officials from liability for civil damages when they perform discretionary functions, unless their acts violate clearly established constitutional rights of which a reasonable person … In our view, the presentment was highly relevant respecting the defense of qualified immunity.
Cited 105 timesPublished836 F.3d 800 · Court of Appeals for the Seventh Circuit · Sep 6, 2016
“The doctrine of quali- fied immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … Bussey, then his conduct violates clearly established law under the Eighth Amendment. See Petties, slip op. at 18.
Cited 354 timesPublished513 F.3d 492 · Court of Appeals for the Fifth Circuit · Jan 14, 2008
A government official performing discretionary functions is entitled to qualified immunity unless his conduct violates clearly established statutory or constitutional rights of which a reasonable person would have known.21 … We also hold that the defendants have not established that they are entitled to qualified immunity.
Cited 373 timesPublishedDistrict Court, M.D. Florida · Dec 11, 2020
a clearly established constitutional right.’” … As Officer Suttle did not raise the qualified immunity issue for any other claims, Allen did not have a sufficient opportunity to respond regarding qualified immunity for those claims
Cited 0 timesUnknown509 F. App'x 628 · Court of Appeals for the Ninth Circuit · Feb 19, 2013
The district court properly granted summary judgment on Rivera’s excessive force claim under the doctrine of qualified immunity because Rivera failed to raise a genuine dispute of material fact as to whether defendant used … Callahan, 555 U.S. 223, 231-32 (2009) (defendants were entitled to qualified immunity where there is no violation of plaintiff’s constitutional right or the right at issue was not “clearly established”).
Cited 0 timesUnpublishedDistrict Court, D. New Jersey · Feb 27, 2025
Defendant Henry puts forth that qualified immunity shields him from liability as Plaintiff has not pled facts demonstrating he violated a clearly established constitutional right. (D.E. 63-2 at 15.) … clearly established in light of the specific context of the case.”
Cited 0 timesUnknown868 F.2d 102 · Court of Appeals for the Third Circuit · Feb 23, 1989
Because we find that the Appellants reasonably relied upon a bulletin establishing the existence of a warrant for arrest, they are entitled to qualified immunity as a matter of law. … violate clearly established statutory or constitutional rights of which a reasonable person would have known.”
Cited 50 timesPublishedWright v. 15th District Palm Beach County State Attorney's Office
District Court, S.D. Florida · Aug 4, 2025
Lastly, the Court agrees with the Report that Deputy Di Orsini is entitled to qualified immunity, because Count 5 fails to allege any constitutional violations, let alone any “clearly established” constitutional violations … App’x 870, 875 (4th Cir. 2004).], none of that would signal a violation of a “clearly established” constitutional right in this Circuit as would be required to overcome qualified immunity. See Chesser v.
Cited 0 timesUnknownDistrict Court, District of Columbia · Aug 20, 2024
“The United States is generally immune from suit unless there is explicit statutory waiver of its sover- eign immunity.” Lewis v. D.C. Police Dep’t, 271 F. … Supp. 3d 18, 23 (D.D.C. 2022) (“The Privacy Act provides a waiver of sovereign immunity, but the waiver is limited in scope: the Act only waives sovereign immunity for ‘actual damages.’ . . .
Cited 0 timesPublished841 F.2d 937 · Court of Appeals for the Ninth Circuit · Mar 8, 1988
The Court pointed out that the right to due process of law is quite clearly established by the Due Process Clause, and thus it could follow that any action that violates that clause violates a clearly established right regardless … Based upon these principles, appellants are entitled to immunity if they can prove that a reasonable PUC official could have believed that the action taken was lawful, in light of clearly established law.
Cited 51 timesPublishedJustin Parsons v. City of Pontiac
Court of Appeals for the Sixth Circuit · Jun 24, 2008
“If no constitutional right would have been violated were the allegations established, there is no necessity for further inquiries concerning qualified immunity.” Saucier, 533 U.S. at 201. … But under § 1983, “an arresting agent is entitled to qualified immunity if he or she could reasonably (even if erroneously) have believed that the arrest was lawful, in light of clearly established law and the information
Cited 0 timesPublished991 F.2d 1316 · Court of Appeals for the Seventh Circuit · Apr 23, 1993
“Under the doctrine of qualified immunity, public officials performing discretionary functions are protected against suits from damages unless their conduct violates clearly established statutory or constitutional rights … Because Cornfield has not succeeded in placing the actions taken by Spencer and Frye outside a “clearly established” constitutional norm, they are entitled to qualified immunity. II.
Cited 279 timesPublishedRobert R. Rowe v. Fort Lauderdale
279 F.3d 1271 · Court of Appeals for the Eleventh Circuit · Jan 23, 2002
Qualified immunity shields government officials who perform discretionary governmental functions from civil liability so long as their conduct does not violate any “clearly established statutory or constitutional rights … But, by assuming the role of an investigator, he took on a qualified immunity that protected all of his actions in performing that role that did not violate clearly established rights of which a reasonable person in his
Cited 253 timesPublishedJacquelyn Wallace v. Nancy Cummings
843 F.3d 763 · Court of Appeals for the Eighth Circuit · Dec 9, 2016
The defendants moved for summary judgment, and Cummings argued that she was entitled to qualified immunity because she had shot Wallace unintentionally. … A government official is entitled to qualified immunity unless (1) the official violated a plaintiff's constitutional right and (2) that right was clearly established at the time of the violation. Pearson v.
Cited 29 timesPublished954 F.2d 187 · Court of Appeals for the Fourth Circuit · Jan 10, 1992
In reviewing appellants’ qualified immunity defense, we look to substantive Eighth Amendment law as established at the time of the alleged violations. … Because the record in this case does not adequately address all the issues necessary to determine whether prison officials violated clearly established law, we cannot grant qualified immunity at this time.
Cited 49 timesPublishedFye v. Oklahoma Corp. Commission
175 F. App'x 207 · Court of Appeals for the Tenth Circuit · Apr 6, 2006
When a defendant raises the defense of qualified immunity, a plaintiff must establish that the defendant’s conduct violated a federal constitutional or statutory right and that the right was clearly established at the time … Bode’s complete inaction in the face of actual knowledge, if proven, violated a constitutional right that was, at the time, clearly established, and she is not entitled to qualified immunity.
Cited 2 timesUnpublished881 F.2d 427 · Court of Appeals for the Seventh Circuit · Aug 4, 1989
Under the Harlow standard, qualified immunity should be granted when the official’s conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known. … In denying defendant’s qualified immunity motion, the district court concluded that Thomas v. Pate had clearly established the right at issue. This reliance was misplaced. As noted above, Thomas v.
Cited 56 timesPublishedReardon v. State of Mississippi
District Court, N.D. Mississippi · Jun 28, 2023
Once an individual raises qualified immunity in good faith, the burden shifts “to the plaintiff, who must rebut the defense by establishing that the official’s allegedly wrongful conduct violated clearly established law … Here, once the individual actors raised qualified immunity, the burden shifted to Reardon to point to clearly established law indicating that the individual actors’ conduct was unlawful.
Cited 0 timesUnknownDistrict Court, S.D. Ohio · Oct 5, 2021
In other words, plaintiffs must articulate why the asserted constitutional rights count as “clearly established,” or else qualified immunity bars those claims. … retaliation claim, McDougald once again waived the clearly-established prong of qualified immunity with respect to that claim.
Cited 0 timesUnknown
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