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Court of Appeals for the Eighth Circuit · Jun 18, 2026
immunity is inappropriate where the record does not conclusively establish the lawfulness of an officer’s use of force. … violated a clearly established federal right.’”
Cited 0 timesPublishedWillie Flowers v. Nicholas Renfro
46 F.4th 631 · Court of Appeals for the Seventh Circuit · Aug 19, 2022
“Because qualified immunity pro- tects the public officer from the expense and distraction of having to stand trial when the conduct in question did not vi- olate clearly established law, the unavailability of an immedi- … If a determination of qualified immunity in a summary judgment motion depends on the resolution of fact questions, the order denying qualified immunity generally is not appeal- able. Johnson v.
Cited 10 timesPublished500 F. Supp. 2d 618 · District Court, N.D. Texas · Jul 31, 2007
To determine whether a defendant is entitled to qualified immunity, the threshold question is whether, on the facts as alleged by plaintiff, a clearly established constitutional right would have been violated. … In addressing a claim of qualified immunity, a court must first determine whether the plaintiff has alleged a violation of a clearly established constitutional right, which is a purely legal question. Siegert v.
Cited 31 timesPublished288 F.3d 1254 · Court of Appeals for the Tenth Circuit · May 3, 2002
When a § 1983 defendant raises the defense of qualified immunity on summary judgment, the plaintiff must show the law was clearly established when the alleged violation occurred and must come forward with … sufficient facts to show the official violated that clearly established law.
Cited 93 timesPublishedGregory Lambert, as Administrator of the Estate of Harrison Lambert v. Town of Merrimack, et al.
2019 DNH 053 · District Court, D. New Hampshire · Aug 6, 2018
Where, as here, the movant raises a qualified immunity defense, the nonmoving party has the burden of demonstrating that the law was clearly established during the relevant time period. See Mitchell v. … Construed generously, the Estate's objection contains citations to six decisions bearing on the clearly established prong of qualified immunity.
Cited 0 timesPublished714 F.3d 1048 · Court of Appeals for the Eighth Circuit · Apr 26, 2013
If it was not clearly established, regardless of whether Hess has articulated a constitutional violation, the City employees are entitled to qualified immunity. See Livers v. … There are two primary obstacles to Lesher’s capacity to serve as clearly established law for the purposes of this qualified immunity analysis.
Cited 119 timesPublishedEcclesiastical Order of the Ism of Am, Inc. v. Chasin
845 F.2d 113 · Court of Appeals for the Sixth Circuit · Apr 18, 1988
clearly established law and the information the official possessed. 483 U.S. at -, 107 S.Ct. at 3040 , 97 L.Ed.2d at 532 . … Applying this standard of qualified immunity, the district court correctly found that none of the actions taken by the defendants violated any of the plaintiffs’ clearly established constitutional or statutory rights.
Cited 56 timesPublishedQuintana v. City and County of Denver
District Court, D. Colorado · Jan 22, 2021
Because Plaintiff has not demonstrated that the Defendants Perez and Alexander violated a clearly established right by detaining Plaintiff, she has not met her burden to overcome the defense of qualified immunity. … Because Plaintiff has not demonstrated that the Individual Defendants violated a clearly established right, Plaintiff has not met her burden to overcome the defense of qualified immunity.
Cited 0 timesUnknown417 F.3d 879 · Court of Appeals for the Eighth Circuit · Aug 8, 2005
If the answer is no, we grant qualified immunity. If the answer is yes, we go on to determine "whether the right was clearly established." Id. … I write separately in regards to section III.D.2 of the opinion, which discusses the clearly established prong of the qualified immunity inquiry.
Cited 69 timesPublishedDistrict Court, D. New Jersey · Oct 15, 2021
Judicial immunity was established to permit judges to render decisions “with independence and without fear of consequences.” Pierson v. … App’x 645 (3d Cir. 2005) (“The § 1983 qualified immunity analysis applies equally to claims brought against public officials under § 1985; if an official is immune from suit under § 1983, that official also is immunized
Cited 0 timesUnknown55 F.4th 1164 · Court of Appeals for the Eighth Circuit · Dec 22, 2022
The district court found a genuine dispute of material fact about whether there was probable cause to stop the van and also found the law governing the stop was clearly established. … Similarly, to determine whether Jansen violated clearly established law, we need to know what happened.
Cited 1 timesPublishedKenneth Bailey v. Shawn T. Swindell
940 F.3d 1295 · Court of Appeals for the Eleventh Circuit · Oct 16, 2019
,” and qualified immunity applies. … established’ step of the qualified-immunity analysis.”
Cited 11 timesPublished490 U.S. 495 · Supreme Court of the United States · May 22, 1989
And claims of qualified immunity may be pursued by immediate appeal, because qualified immunity too “is an immunity from suit.” Id., at 526 (emphasis in original). … S., at 524 , and held that the immunity from service of process defendant asserted did not amount to an immunity from suit — even though service was essential to the trial court’s jurisdiction over the defendant.
Cited 231 timesPublished232 N.J. 114 · Supreme Court of New Jersey · Feb 21, 2018
The panel held that they were entitled only to qualified immunity. … The TCA effectuates the Legislature's intent to establish immunity for government action as the rule and liability as the exception.
Cited 101 timesPublished284 F. Supp. 2d 700 · District Court, E.D. Michigan · Sep 3, 2003
. § 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 rights of which a reasonable person would … The principles of qualified immunity that we reaffirm today require that Anderson be permitted to argue that he is entitled to summary judgment on the ground-that, in light of the clearly established principles governing
Cited 7 timesPublished519 F. App'x 39 · Court of Appeals for the Second Circuit · Jun 4, 2013
Arguing that they were entitled to qualified immunity on the ground that the law was not clearly established at the time of their challenged conduct, defendants moved to dismiss pursuant to Fed.R.Civ.P. 12(b)(6). … The district court denied the motions, ruling that plaintiffs’ rights became clearly established when this Court decided Earley v.
Cited 12 timesPublishedRancho del Oso Pardo, Inc. v. New Mexico Department of Game and Fish
District Court, D. New Mexico · Dec 21, 2020
Qualified Immunity Qualified immunity protects public officials from liability “insofar as their conduct does not violate clearly established statutory or constitutional … right was clearly established.
Cited 0 timesUnknownJessica McKee v. Jessica Brady
Court of Appeals for the Eighth Circuit · Aug 17, 2026
“Government officials performing discretionary functions are entitled to qualified immunity unless they violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … We therefore conclude that Brady is entitled to qualified immunity.
Cited 0 timesPublishedJulian C. Lee v. Jake Gregory, United States of America, and the Federal Bureau of Investigation
363 F.3d 931 · Court of Appeals for the Ninth Circuit · Apr 7, 2004
Gregory moved for summary judgment on qualified immunity grounds. … Although the facts in Mendocino Environmental Center are different from the facts in issue here, “[a]n officer is not entitled to qualified immunity on the grounds that the law is not clearly established every time a novel
Cited 66 timesPublishedJohn Hogan v. City of Corpus Christi, Texas
722 F.3d 725 · Court of Appeals for the Fifth Circuit · Jul 15, 2013
’s motion for summary judgment predicated upon qualified immunity: “First, the district court decides that a certain course of conduct would, as a matter of law, be objectively unreasonable in light of clearly established … “Qualified immunity shields government officials from civil damages liability unless the official violated a statutory or constitutional right that was clearly established at the time of the challenged conduct.”10
Cited 88 timesPublished
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