Case law

Buonocore v. Harris

134 F.3d 245 · Court of Appeals for the Fourth Circuit · Jan 14, 1998

Fitzgerald, 457 U.S. 800, 818-19 , 102 S.Ct. 2727, 2738 , 73 L.Ed.2d 396 (1982), the Supreme Court held that when, as here, the law is clearly established, the qualified immunity defense “ordinarily should fail, since a reasonably … A public official who fails to follow legal advice obviously cannot rely on that advice to establish entitlement to qualified immunity.

Don Waldrop v. David C. Evans, Frank Fodor, M.D., T.G. Smith, M.D.

871 F.2d 1030 · Court of Appeals for the Eleventh Circuit · Apr 28, 1989

The court then concluded that be *1034 cause a prisoner’s right to psychiatric care was clearly established under the Eighth Amendment, appellants could not rely on the defense of qualified immunity. Id. at 846-47 . … violation of clearly established law.

Delia v. City of Rialto

621 F.3d 1069 · Court of Appeals for the Ninth Circuit · Sep 9, 2010

Qualified Immunity—The City’s Employees [1] “The doctrine of qualified immunity protects govern- ment officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory … Nevertheless, we conclude that these defendants are entitled to qualified immunity because Delia has not established that this constitu- tional right was clearly established at the time of Chief Wells’s order to Delia.

Marvin Reeves v. Lt. Jacob King

774 F.3d 430 · Court of Appeals for the Eighth Circuit · Dec 16, 2014

King is “entitled to qualified immunity unless (1) ‘the facts alleged or shown, construed in the light most favorable to [Reeves], establish a violation of a constitutional or statutory right,’ and (2) the ‘right was clearly … In Irving, 519 F.3d at 451, we affirmed the district court’s order denying qualified immunity because it was clearly established at that time that labeling an inmate a snitch would unreasonably subject the inmate to a substantial

Jacoby Garrett v. Harold Clarke

74 F.4th 579 · Court of Appeals for the Fourth Circuit · Jul 25, 2023

“Qualified immunity shields government officials performing discretionary functions from personal-capacity liability for civil damages under § 1983, insofar as their conduct does not violate clearly established … Therefore, Defendants are entitled to qualified immunity unless “(1) they violated a federal statutory or constitutional right, and (2) the unlawfulness of their conduct was ‘clearly established at the time

Militello v. Sheriff of the Broward Sheriff's Office

684 F. App'x 809 · Court of Appeals for the Eleventh Circuit · Apr 5, 2017

Therefore, they are entitled to qualified immunity. To conclude, we emphasize that we have only addressed whether Deputies Morel and Polk violated clearly established law. … Of course, a district court’s opinion cannot create clearly established case law for purposes of qualified immunity. See Snider, 344 F.3d at 1328 .

Deanna Copeland v. Lucas Wicks, Defendant/Respondent.

Missouri Court of Appeals · Jan 27, 2015

To determine whether the detective is entitled to qualified immunity, we ask (1) whether the mother’s allegations make out a deprivation of a constitutional right; and (2) whether the right was clearly established at the … Qualified immunity generally turns on the objective legal reasonableness of the official’s action, assessed in light of the clearly established legal rules in place when the action was taken. Burk, 948 F.3d at 494.

Marcus Evans v. Lorenetta Smith

Court of Appeals for the Eighth Circuit · Aug 22, 2025

And second, was the right clearly established at the time? If either answer is no, then qualified immunity applies.” Id. (cleaned up). … Under this Court’s precedent on the clearly established prong, officers are entitled to qualified immunity unless “the violative nature of [the] particular conduct is clearly established.” See Kelsay v.

Elder v. Holloway

975 F.2d 1388 · Court of Appeals for the Ninth Circuit · Sep 17, 1992

In opposition to the officers' motion for summary judgment on qualified immunity, Elder proffered three out-of-state cases to show that the law was clearly established that a warrant was required to make a "constructive entry … Supreme Court's recent approach to qualified immunity.

Baljinder Singh SANGHA, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent

103 F.3d 1482 · Court of Appeals for the Ninth Circuit · Jan 9, 1997

This section gives the Attorney General the discretion to grant asylum to aliens who qualify as “refugees.” … Applicants can no longer establish that their persecution was “on account of’ political opinion by inference, unless the inference is one that is clearly to be drawn from facts in evidence.

Antonio Webb v. Lori Lakey

111 F.4th 939 · Court of Appeals for the Eighth Circuit · Aug 7, 2024

The court concluded that Webb failed to present sufficient evidence to establish any constitutional violation much less a violation of clearly established 2 The Honorable Greg Kays, United States District … The court explained that “allowing Defendants to assert qualified immunity at trial would be procedurally problematic and arguably unfair to Plaintiff.” Qualified immunity may be considered at trial, see Spann v.

Buxton v. Nolte

473 F. Supp. 2d 802 · District Court, S.D. Ohio · Feb 12, 2007

Since the facts do not give rise to a violation of a clearly established constitutional right, Officer Nolte is entitled to qualified immunity on the arrest without probable cause claim. b. … Officer Nolte is entitled to qualified immunity unless his conduct violated a clearly established right of which a reasonable person would have known.

Daryl L. Davis v. Calzona Hall, Ex-Director, St. Louis County Department of Justice Services, in His Individual Capacity Dora B. Schriro, Director, Missouri Department of Corrections, in Her Individual Capacity Robert A. Meechum, Lieutenant Jacqueline D. Young St. Louis County Brian Goeke Larry Wilson Susan Martin Stacy Breedon John Prier Travis Clyburn, Barbara Knell Rebecca Atterberry, Pat Roll, Daryl L. Davis v. Calzona Hall, Ex-Director, St. Louis County Department of Justice Services, in His Individual Capacity Dora B. Schriro, Director, Missouri Department of Corrections, in Her Individual Capacity Robert A. Meechum, Lieutenant Jacqueline D. Young St. Louis County Brian Goeke Larry Wilson, Susan Martin Stacy Breedon John Prier Travis Clyburn, Barbara Knell Rebecca Atterberry Pat Roll, Daryl L. Davis v. Calzona Hall, Ex-Director, St. Louis County Department of Justice Services, in His Individual Capacity Dora B. Schriro, Director, Missouri Department of Corrections, in Her Individual Capacity Robert A. Meechum, Lieutenant Jacqueline D. Young St. Louis County Brian Goeke Larry Wilson, Susan Martin Stacy Breedon John Prier Travis Clyburn Barbara Knell Rebecca Atterberry Pat Roll

375 F.3d 703 · Court of Appeals for the Eighth Circuit · Sep 21, 2004

alleged deprivation of a recognized constitutional right, that this right was clearly established, and that outstanding questions of fact preclude summary judgment on the ground of qualified immunity as to state defendants … Clearly Established 59 The second question that we must ask in our qualified immunity analysis is whether the constitutional right alleged to have been violated was clearly established.

Occupy Columbia v. Haley

922 F. Supp. 2d 524 · District Court, D. South Carolina · Feb 7, 2013

“To escape dismissal of a complaint on qualified immunity grounds, plaintiffs must (1) allege a violation of a right (2) that is clearly established at the time of the violation.” Evans v. … Clearly Established The second prong of the qualified immunity analysis requires the court to consider “whether the constitutional right violated ‘was clearly established in the specific context of the case — that is, [whether

Howard v. Kansas City Police Department

570 F.3d 984 · Court of Appeals for the Eighth Circuit · Jul 2, 2009

“Qualified immunity protects a government official from lia *988 bility in a section 1983 action unless the official’s conduct violated a clearly established constitutional- or statutory right of which a reasonable person … was clearly established at the time of the deprivation.

John Montin v. Y. Moore

846 F.3d 289 · Court of Appeals for the Eighth Circuit · Jan 19, 2017

A state official is immune from liability unless he or she “violated a clearly established constitutional or statutory right of which a reasonable official would have known.” Carpenter v. … When determining whether a public official is entitled to qualified immunity, we examine (1) whether the official violated the plaintiff’s constitutional or statutory right, and (2) whether that right was clearly established

Mark Cook v. Roberta Sheldon and Nelson Saldana, New York State Troopers

41 F.3d 73 · Court of Appeals for the Second Circuit · Dec 2, 1994

We conclude that the Troopers have not yet earned qualified immunity as a matter of law because, under the facts alleged by Cook, the Troopers may be held to have violated Cook’s clearly established rights. … To evaluate the Troopers’ right to qualified immunity, we must again examine whether the malicious prosecution claim alleges a violation of Cook’s clearly established federal rights.

Ammons v. Washington Department of Social & Health Services

648 F.3d 1020 · Court of Appeals for the Ninth Circuit · Aug 17, 2011

In reviewing the denial of qualified immunity, we consider the “purely legal issue of whether facts alleged by the plaintiff support a claim of violation of clearly established law” such that appellants are not immune from … This conclusion, at least, serves as clearly established law.

Finch v. Wemlinger

310 N.W.2d 66 · Supreme Court of Minnesota · Sep 11, 1981

In Scheuer the Court defined qualified immunity in these words: [I]n varying scope, a qualified immunity is available to officers of the executive branch of government, the variation being dependent upon the scope of discretion … We will continue to apply the federal standard of qualified immunity in actions under 42 U.S.C. § 1983 brought in state court. The burden of pleading the defense of qualified immunity rests with defendants, Gomez v.

Amaro v. New Mexico Corrections Department

District Court, D. New Mexico · Mar 16, 2022

“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 rights of which a reasonable … Once a defendant has asserted a qualified immunity defense, the burden shifts to the plaintiff to establish that: (1) the defendant violated a constitutional right; and (2) the right was “clearly established” at the time