Case law

Rios v. Scott

100 F. App'x 270 · Court of Appeals for the Fifth Circuit · Jun 3, 2004

PER CURIAM:* Joshua Rio s and Mary Canales (“the Relatives”) appeal from the district court’s grant of summary judgment based on qualified immunity. … Officer Sippel is entitled to qualified immunity because there is no clearly established constitutional right for an officer to immediately intervene when an armed inmate attacks another inmate, as the officer may need

Robert LOMBARDI, Plaintiff-Appellant, v. CITY OF EL CAJON; Steven Shakowski; Does 1 Through 30, Inclusive, Defendants-Appellees

117 F.3d 1117 · Court of Appeals for the Ninth Circuit · Jun 30, 1997

In civil rights actions, qualified immunity turns on the objective unreasonableness of the law enforcement officer’s conduct in light of clearly established law. … Harlow’s emphasis on ‘objective reasonableness’ and cases in which the ‘clearly established law3 at issue contains a subjective element, such as motive or intent.”

L.G. v. Keisha Edwards

990 F.3d 1145 · Court of Appeals for the Eighth Circuit · Mar 18, 2021

Qualified immunity generally protects public officials from § 1983 lawsuits where the officials' conduct "does not violate clearly established statutory or constitutional rights of which a reasonable person would have known … We often describe the resolution of a qualified immunity issue as involving two questions—whether the official's conduct violated a constitutional or statutory right, and whether that right was clearly established.

Buckner v. SHETTERLEY

621 F. Supp. 2d 1300 · District Court, M.D. Georgia · Dec 15, 2008

DISCUSSION Defendant argues that Plaintiff failed to produce sufficient evidence at trial to defeat Defendant’s entitlement to qualified immunity and that it was not “clearly established” that her conduct violated Plaintiffs … For purposes of qualified immunity, the Eleventh Circuit has identified three sources of “clearly established” law.

Chanon Miller v. Juan Ramirez

Court of Appeals for the Eleventh Circuit · Feb 27, 2025

conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … immunity “raised . . . on a motion to dismiss . . . will be granted if the com- plaint fails to allege the violation of a clearly established constitu- tional right.” 248 F.3d 1117, 1121 (11th Cir. 2001

Tortes v. King County

84 P.3d 252 · Court of Appeals of Washington · Sep 22, 2003

These individual public officials are immune from personal liability under the doctrine of qualified immunity. … It is preferred that a defendant's entitlement to qualified immunity be decided as a matter of law on summary judgment. [19] The central purpose of qualified immunity is to protect public officials from interference with

S.L. Ex Rel. Lenderman v. St. Louis Metropolitan Police Department Board of Police Commissioners

725 F.3d 843 · Court of Appeals for the Eighth Circuit · Aug 5, 2013

State officials enjoy qualified immunity from a § 1983 action if their conduct did not violate “clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … Harris is entitled to qualified immunity if his conduct did not violate “clearly established statutory or constitutional rights of which a reasonable person would have known,” Harlow, 457 U.S. at 818 , 102 S.Ct. 2727 , but

Hynson v. City of Chester

827 F.2d 932 · Court of Appeals for the Third Circuit · Oct 1, 1987

The test for government officials to establish the good faith necessary for qualified immunity was recently set out by the Supreme Court. … clearly established at the time of the conduct at issue.

Trevis Caldwell v. Warden, FCI Talladega

748 F.3d 1090 · Court of Appeals for the Eleventh Circuit · Apr 7, 2014

And, for the first time in this case, the defendants asserted that they were entitled to qualified immunity on the alternative ground that the law did not “clearly establish” that their actions were unconstitutional. … CLEARLY ESTABLISHED LAW The only remaining issue relevant to the defendants’ qualified immunity defense is whether, by September 9, 2009, preexisting law clearly established that the defendants’ conduct violated

United States v. Allebach

526 F.3d 385 · Court of Appeals for the Eighth Circuit · May 21, 2008

Motion to Suppress Allebach moved to suppress the fruits of the search of his residence, arguing that the trash contents were insufficient to establish probable cause. … We find the district court did not clearly err in determining Allebach’s possession of crack cocaine was part of the same course of conduct as his possession with intent to manufacture crack cocaine.

William LaPlante v. City of Battle Creek, Mich.

30 F.4th 572 · Court of Appeals for the Sixth Circuit · Apr 8, 2022

Analysis In reviewing an order denying qualified immunity, the Court considers (1) whether an “official’s conduct . . . violate[d] a constitutional right,” and, if so, (2) whether “that right was . . . clearly established … Clearly Established “Public officials are entitled to qualified immunity from suits for civil damages if either the official’s conduct did not violate a constitutional right or if that right was not clearly established

Harris v. Roderick

126 F.3d 1189 · Court of Appeals for the Ninth Circuit · Sep 25, 1997

In order to determine whether the defendants are entitled to qualified immunity, we engage in a two-pronged inquiry: “1) Was the law governing the official’s conduct clearly established? … The Rules directly infringed on the clearly established constitutional rights of those at whom they were aimed, including Harris. There is no qualified immunity for such conduct, either.

Teri Dean v. Anne Precythe

79 F.4th 986 · Court of Appeals for the Eighth Circuit · Aug 23, 2023

The availability of qualified immunity depends on the answer to two questions. First, did Precythe violate a constitutional right? Second, was the right clearly established? See Morgan v. … Audrain County, 968 F.3d 845, 849 (8th Cir. 2020) (explaining that the plaintiff “has the burden to show that” the law is clearly established).

City Union Mission, Inc. v. Mike Sharp

36 F.4th 810 · Court of Appeals for the Eighth Circuit · Jun 10, 2022

The district court granted summary judgment, resolving its qualified immunity analysis on the clearly established prong and finding that Sheriff Sharp was entitled to qualified immunity. See R. Doc. 135, at 5. … established at the time of the infraction, the defendant-officer is entitled to qualified immunity.

Dickey v. United States of America

174 F. Supp. 3d 366 · District Court, District of Columbia · Mar 30, 2016

However, qualified immunity protects government officials from civil liability where their conduct does not violate “clearly established statutory or constitutional rights of which a reasonable person would have known … Defendants argue that “the true test for qualified immunity in this case was whether it was clearly established that Officer Alexander was prohibited from alleged touching or manipulating

Helton v. Hawkins

12 F. Supp. 2d 1276 · District Court, M.D. Alabama · Jul 15, 1998

As established by the Supreme Court in Harlow , the test for “good faith” or qualified immunity • turns primarily on the objective reasonableness of the officials’ conduct in light of established law: “governmental officials … Where the law that the defendants allegedly violated was not clearly established at the time of the alleged offense, the defendants are entitled to qualified immunity. Id. at 807 , 102 S.Ct. at 2732 ; Stewart v.

Mark Robbins v. Randy Becker, Sr.

715 F.3d 691 · Court of Appeals for the Eighth Circuit · May 22, 2013

qualified immunity. … established”); Katosang v.

Harris v. City of Balch Springs

33 F. Supp. 3d 730 · District Court, N.D. Texas · May 21, 2014

Government officials who perform discretionary functions are entitled to the defense of qualified immunity, which shields them from suit as well as liability for civil damages, if their conduct does not violate “clearly established … The court, however, will not set the action for trial until the issue of qualified immunity is resolved on appeal.

Giebel v. Sylvester

244 F.3d 1182 · Court of Appeals for the Ninth Circuit · Apr 12, 2001

was not clearly established at the time of Sylvester's actions. … not entitled to qualified immunity.

J.P. v. County of Alameda

District Court, N.D. California · Nov 19, 2021

See Shafer, 868 F.3d at 1117 (holding that 2 qualified immunity applies if no clearly established law exists on the issue); see also White v. Pauly, 137 S. … City of Santa Maria, 915 F.3d 12 592, 603 (9th Cir. 2019) (“[O]ur qualified immunity determination with respect to Officer Brice rests 13 solely on the ‘clearly established’ law prong; we do not reach the question of whether