Case law

Melinda Thompson v. City of Lebanon

831 F.3d 366 · Court of Appeals for the Sixth Circuit · Jul 26, 2016

ANALYSIS Qualified immunity shields government officials from standing trial for civil liability in their performance of discretionary functions unless their actions violate clearly established rights. Harlow v. … Floyd affirmed the denial of qualified immunity on facts similar to those in this case.

Phillips v. Garcia

147 So. 3d 569 · District Court of Appeal of Florida · Aug 13, 2014

Additionally, Phillips argued that she was entitled to qualified immunity. … Affirmed. 5 We also find it significant that Phillips’s motion for 57.105 fees did not allege qualified immunity as a grounds for entitlement to an award of fees. Cf. Lago v.

Shechter v. Comptroller of City of New York

79 F.3d 265 · Court of Appeals for the Second Circuit · Mar 21, 1996

Accordingly, defendants-appellants' pleading is insufficient to establish their qualified immunity defense. 21 Because defendants-appellants' qualified immunity defense fails with respect to the scope of authority issue, … court's ruling on the issue of qualified immunity must be affirmed for the reasons previously stated, we will not proceed to a definitive resolution of the "clearly established right" issue at this juncture.

Altovese Williams v. City of Burlington, Iowa

27 F.4th 1346 · Court of Appeals for the Eighth Circuit · Mar 9, 2022

Chiprez appeals the denial of qualified immunity. This court affirms. … The doctrine of qualified immunity protects public officials from personal liability under 42 U.S.C. § 1983, “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable

King v. City of Indianapolis

969 F. Supp. 2d 1085 · District Court, S.D. Indiana · Aug 29, 2013

Qualified Immunity “Governmental actors performing discretionary functions are entitled to qualified immunity from suits for damages insofar as their conduct does not violate clearly established statutory or constitutional … King’s right was not clearly established and Defendant Officers are granted qualified immunity on this claim. 2. Fourth Amendment Defendants contend that the seizure of Mr.

Curtis Arnold v. Patrick Jones C/o Blythe C/o Creeden C/o Scheers C/o Edwards C/o Whitson Lt. Olson

891 F.2d 1370 · Court of Appeals for the Eighth Circuit · Jan 19, 1990

However, prison officials are generally immune from suit on the basis of qualified good faith immunity unless “their conduct ... violates clearly established statutory or constitutional rights of which a reasonable person … The existence of a clearly established right, however, does not end our inquiry into whether defendants are entitled to qualified immunity.

Armstrong v. New Mexico Disability Determination Services

278 F. Supp. 3d 1193 · District Court, D. New Mexico · Sep 30, 2017

The Supreme Court has clarified that the clearly established prong of the qualified immunity test is a very high burden for the plaintiff: “A Government official’s conduct violates clearly established law when, at the time … There is, therefore, no evidence that Fernandez-Rice violated clearly established law, so qualified immunity bars Armstrong’s claims against her.

Taft v. Vines

70 F.3d 304 · Court of Appeals for the Fourth Circuit · Nov 16, 1995

Under that analysis, we found that the officers were not entitled to qualified immunity in that case because: (1) the right not to be arrested without probable cause was clearly established; and (2) a reasonably competent … Under the first two prongs of the qualified immunity analysis, it is plain that the specific right in question — the right not to be stopped and frisked without reasonable suspicion — was indeed clearly established at the

DONALD M v. Matava

668 F. Supp. 703 · District Court, D. Massachusetts · Jan 30, 1987

QUALIFIED AND ABSOLUTE IMMUNITY 1. … to qualified immunity.

Hoefling v. City of Miami

876 F. Supp. 2d 1321 · District Court, S.D. Florida · Jul 13, 2012

“Unless the plaintiffs allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery.” Behrens v. … Plaintiff has not met his burden of showing that Officer Roque and Sergeant Gonzalez are not entitled to qualified immunity because he has not shown that Defendants violated his “clearly established” rights.

ATKINSON v. APODACA

District Court, W.D. Pennsylvania · Mar 5, 2025

Defendants are not entitled to summary judgment on the basis of qualified immunity. … Evanson, 615 F.3d 197, 223 (3d Cir. 2010) (burden of establishing entitlement to qualified immunity on summary judgment is on the defendant). See also Collick v. William Paterson U., 699 Fed.

Stanley R. Guffey v. Eldridge Wyatt, Officer

18 F.3d 869 · Court of Appeals for the Tenth Circuit · Mar 9, 1994

Officer Wyatt contends the trial court erred in finding his alleged conduct violated clearly established law. … As our jurisprudence makes clear, when a defendant raises qualified immunity, the burden shifts to the plaintiff to establish the defendant violated clearly established constitutional rights. Hannula v.

Parada v. Anoka Cnty.

332 F. Supp. 3d 1229 · District Court, D. Maine · Jul 30, 2018

Qualified Immunity "Government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … established under the Fourth Amendment," arresting officers are entitled to qualified immunity.

Lee Krueger and Mary Delacour v. Don Fuhr

991 F.2d 435 · Court of Appeals for the Eighth Circuit · Jun 1, 1993

The District Court’s opinion discusses only Fuhr’s defense ‘‘on the merits," and not his qualified immunity defense. … However, we take this opportunity to suggest that district courts clearly address the qualified immunity issue. 3 .

Robert Saterdalen v. James Spencer

725 F.3d 838 · Court of Appeals for the Eighth Circuit · Aug 5, 2013

Qualified immunity shields government officials from liability and the burdens of litigation in a § 1983 suit unless the official’s conduct violates a clearly established constitutional or statutory right of which a reasonable … The question of qualified immunity thus “generally turns on the ‘objective legal reasonableness’ of the [official’s] action, assessed in light of the legal rules that were ‘clearly established’ at the time it was taken.”

Kimberly Boude v. Michael Heady

855 F.3d 930 · Court of Appeals for the Eighth Circuit · May 5, 2017

Qualified immunity is a basis to dismiss a claim against a public employee if the alleged conduct “does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … This court need not address the “clearly established” prong of the qualified immunity analysis. See Harris, 550 U.S. at 377.

Miller v. Gammie

335 F.3d 889 · Court of Appeals for the Ninth Circuit · Jul 9, 2003

a complaining witness in presenting a judge with a supporting affidavit to establish probable cause for an arrest. … We must now recognize that beyond those functions historically recognized as absolutely immune at common law, qualified and only qualified immunity exists.

David Jones v. Clark Cty., Ky.

959 F.3d 748 · Court of Appeals for the Sixth Circuit · May 18, 2020

Unless the law was clearly established at the time the action occurred, the government official will receive qualified immunity and be insulated from civil suit. Id. … To rebut qualified immunity, Jones must prove that Murray violated a constitutional right and that this right was clearly established. Wesby, 138 S. Ct. at 589.

Herrera v. City of Albuquerque

589 F.3d 1064 · Court of Appeals for the Tenth Circuit · Dec 14, 2009

O’Brien [wa]s entitled to qualified immunity and [thus was] immune from suit.” Id. at 120. … Qualified immunity “The doctrine of qualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional

Lopez v. Robinson

914 F.2d 486 · Court of Appeals for the Fourth Circuit · Sep 17, 1990

the qualified immunity inquiry. … The prison officials have qualified immunity from both claims.