Case law

Paul W. Cagle Guy R. Epperson Steven A. McCullom Terry Norwood and Jeffrey L. Parker v. Dan Gilley

957 F.2d 1347 · Court of Appeals for the Sixth Circuit · May 15, 1992

Standard of Review Gilley appeals the denial of his motion for summary judgment on the basis of qualified immunity. A district court’s denial of a claim of qualified immunity is immediately appealable. Mitchell v. … Qualified Immunity Government officials performing discretionary functions are generally shielded from civil damages liability as long as their conduct does not violate clearly established statutory or constitutional rights

Jose Doe v. Dave Goodman

691 F. App'x 272 · Court of Appeals for the Eighth Circuit · May 25, 2017

violated clearly established law). … Callahan, 555 U.S. 223, 243-44 , 129 S.Ct. 808 , 172 L.Ed.2d 565 (2009) (officer conducting search is entitled to qualified immunity where clearly established law does not show search violated Fourth Amendment).

Woodward v. City of Worland

977 F.2d 1392 · Court of Appeals for the Tenth Circuit · Oct 19, 1992

The Supervisors therefore should have been granted qualified immunity on this claim because their conduct did not violate any clearly established law constituting constructive discharge. 2. … ’s constructive discharge claim, but they have not established qualified immunity as to the constructive discharge claims of Molina and DeSomber; Williams, Sackett and *1405 Mitchell are entitled to qualified immunity on

Daniczek v. Spencer

156 F. Supp. 3d 739 · District Court, E.D. Virginia · Jan 11, 2016

In sum, “[qualified immunity is applicable unless the official’s conduct violated a clearly established constitutional right.” Pearson, 555 U.S. at 232 , 129 S.Ct. 808 . … Spencer violated a clearly established rule.

Edrei v. Maguire

892 F.3d 525 · Court of Appeals for the Second Circuit · Jun 13, 2018

Officers are entitled to qualified immunity "unless a plaintiff pleads facts showing (1) that the official violated a statutory or constitutional right, and (2) that the right was 'clearly established' at the time of the … The remaining question is whether the right was clearly established.

Torre S. Crockett Dushon L. Greene v. Cumberland College Michael B. Colegrove K. David Kersey, City of Williamsburg, Kentucky Don Hamlin

316 F.3d 571 · Court of Appeals for the Sixth Circuit · Jan 13, 2003

Qualified Immunity In civil suits pursuant to 42 U.S.C. § 1983 for money damages, qualified immunity protects a public official from being sued as long as the official “does not violate clearly established statutory or constitutional … , Hamlin would be entitled to qualified immunity unless a reasonable officer would know that Hamlin’s alleged conduct violated a clearly established federal right.

Carswell v. Camp

37 F.4th 1062 · Court of Appeals for the Fifth Circuit · Jun 17, 2022

But Carswell says this was “the opposite of a refusal or failure to rule” because the “district court clearly indicated it would timely address Individual Defendants’ qualified immunity defense.” … “Unless the plaintiff’s allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery.”

Palmer, Brady v. Eisenhauer, Scott

District Court, W.D. Wisconsin · Aug 14, 2024

Qualified Immunity Officer Pride also contends that he is entitled to qualified immunity from Palmer’s claims because his conduct did not violate a clearly established … Qualified immunity protects government officials from liability for damages unless they “violate clearly established statutory or constitutional rights.” Harlow v. Fitzgerald, 457 U.S. 800, 818 (1982).

Johnny Banks v. Shelby Hawkins

999 F.3d 521 · Court of Appeals for the Eighth Circuit · May 27, 2021

Where the record does not conclusively establish the lawfulness of an officer’s use of force, summary judgment on the basis of qualified immunity is inappropriate. Nance v. … to overcome qualified immunity.

Thomas ex rel. D.T. v. City of New Orleans

883 F. Supp. 2d 669 · District Court, E.D. Louisiana · Aug 2, 2012

The City Defendants Are Entitled to Qualified Immunity Because the Plaintiffs Have Failed to Allege a Violation of a Clearly Established Constitutional Right. … The plaintiffs have cited no law to suggest that this conduct violated a clearly established right that would overcome Officer Boyd's invocation of qualified immunity. .

Daniel Simmonds v. Genesee County

682 F.3d 438 · Court of Appeals for the Sixth Circuit · Jun 19, 2012

To satisfy the first Saucier prong and establish a constitutional violation to defeat the officers’ claim of qualified immunity, Simmonds “is obliged to present facts which if true would constitute a violation of clearly … the violation of the constitutional right was clearly established. 533 U.S. at 201, 121 S.Ct. 2151 .

Schiff v. Dorsey

877 F. Supp. 73 · District Court, D. Connecticut · Dec 30, 1994

Whereas officials cloaked in absolute immunity are automatically protected against all suits for monetary damages, officials who are entitled to qualified immunity are amenable to suit only when they violate a “clearly established … Qualified immunity protects government officials when their performance of a discretionary function does “not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”

Kanzler v. Renner

937 P.2d 1337 · Wyoming Supreme Court · May 23, 1997

The standard of qualified immunity established under our common law is distinct from the federal standard. 4 In Dar-rar v. … In his summary judgment materials, Renner bases his entitlement to qualified immunity on the federal standard, stating that he acted in good faith at all times and violated no clearly established law.

Bennett v. Murphy

127 F. Supp. 2d 689 · District Court, W.D. Pennsylvania · Aug 10, 2000

Murphy’s Invocation of Qualified Immunity As is well established, qualified immunity is a doctrine that insulates the holder from trial, not just from liability. … Felsing: We thus hold, following the Supreme Court’s decision in Hunter , that in deciding whether defendant officers are entitled to qualified immunity it is not only the evidence of “clearly established law” that is for

Rivera v. Mattingly

604 F. Supp. 2d 634 · District Court, S.D. New York · Mar 24, 2009

Qualified Immunity The doctrine of qualified immunity protects officials from liability under certain circumstances. … For a claim of qualified immunity to be defeated, a plaintiff must have alleged facts constituting a violation of a constitutional right, and the right at issue must have been clearly established at the time of the alleged

Connell v. Signoracci

153 F.3d 74 · Court of Appeals for the Second Circuit · Aug 21, 1998

O'Connell, 108 F.3d 129 , 131 (7th Cir.1997). 26 A defendant is entitled to qualified immunity on a motion to dismiss if the allegations of the complaint fail to "state a claim of violation of clearly established law." … Qualified immunity shields officials "from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known."

Calvin B. Champion v. Outlook Nashville, Inc., Debbie Miller

380 F.3d 893 · Court of Appeals for the Sixth Circuit · Aug 19, 2004

Qualified immunity provides “that government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or … The court held that the district court’s grant of summary judgment on the basis of qualified immunity was not proper because the officers had violated Drummond’s clearly established rights. Id. at 1062.

Hill v. CARROLL COUNTY, MISS.

467 F. Supp. 2d 696 · District Court, N.D. Mississippi · Dec 28, 2006

Qualified Immunity "Qualified immunity is `an entitlement not to stand trial or face the other burdens of litigation.' … If not, "the officer is entitled to qualified *701 immunity, and we need not consider whether the asserted right was `clearly established.'" Chavez v.

Woolum v. City of Dallas

District Court, N.D. Texas · Dec 5, 2019

And, through his answer, Digby asserted qualified immunity. See id., ¶¶ 2.5, 2.6, & 2.7. … See Wicks, 41 F.3d at 994; Backe, 691 F.3d at 648 (“[T]his court has established a careful procedure under which a district court may defer its qualified immunity ruling if further factual development is necessary

Emmett v. Armstrong

973 F.3d 1127 · Court of Appeals for the Tenth Circuit · Sep 1, 2020

Because Emmett’s excessive force claim alleges a clearly established violation of the Fourth Amendment, Officer Armstrong is not entitled to qualified immunity on that claim. … “[W]hen a finding of qualified immunity is based on a conclusion that the officer has committed no constitutional violation—i.e., the first step of the qualified immunity analysis—a finding of qualified immunity . . .