Case law

Barton v. Curtis

50 V.I. 783 · District Court, Virgin Islands · Nov 25, 2008

“Qualified immunity shields state officials from suit when their conduct ‘does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’ ” Id. at 140 (quoting Harlow … the ‘constitutional issue’ and the second being ‘whether the right was clearly established.’ ” Id. at 601 .

Dettelis v. Sharbaugh

919 F.3d 161 · Court of Appeals for the Second Circuit · Mar 20, 2019

Instead, we conclude that qualified immunity bars Dettelis’s claim. 4  As a general matter, probation officers are entitled to immunity in the performance of … App’x 83, 84 (2d Cir. 2008) (holding state parole officer entitled to qualified immunity in filing parole violation charges).

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

Gallegos v. City & County of Denver

984 F.2d 358 · Court of Appeals for the Tenth Circuit · Jan 20, 1993

that the defendant’s alleged actions violated clearly established law. … As stated above, government officials are entitled to a grant of qualified immunity unless their conduct violates “clearly established statutory or constitutional rights of which a reasonable person would have known.”

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.

Degenhardt v. Bintliff

117 F.4th 747 · Court of Appeals for the Fifth Circuit · Sep 24, 2024

There is a two-part test to overcoming qualified immunity. … The question, then, is whether such right is sufficiently established to defeat qualified immunity. See Argueta, 86 F.4th at 1088. We conclude that the answer is “no.”

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

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.”

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

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

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.

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

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

Janice Brown v. Andrew Knapp

75 F.4th 638 · Court of Appeals for the Sixth Circuit · Jul 28, 2023

The district court denied both motions, finding that the MSP Defendants were not entitled to qualified immunity because they had collectively violated Brown’s clearly established right to a prompt probable cause determination … We found that the officer was entitled to qualified immunity because, even if he had violated Roberson’s constitutional rights, “Riverside and its progeny [did] not clearly establish that an officer in [the trooper’s] position

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.

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).

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.

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.

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