Case law

Rhodes v. Smithers

939 F. Supp. 1256 · District Court, S.D. West Virginia · Sep 15, 1995

Qualified Immunity. … Qualified Immunity.

Powell v. Johnson

405 F.3d 652 · Court of Appeals for the Eighth Circuit · May 2, 2005

The trial court also denied the Appellants qualified immunity. 3 On appeal, the Appellants argue they are entitled to qualified immunity because the decision to demote Powell was reasonable in light of clearly established … Rainey is therefore entitled to qualified immunity, because doing nothing wrong is not a violation of clearly established law.

Andrade v. Board of County Commissioners

Court of Appeals for the Tenth Circuit · May 3, 2021

Where, as here, the defendants have asserted a qualified-immunity defense, the plaintiffs must show “(1) that the official violated a statutory or constitutional right, and (2) that the right was clearly established at … to qualified immunity.”

Glorianna Moore v. Oakland County, Mich.

126 F.4th 1163 · Court of Appeals for the Sixth Circuit · Jan 23, 2025

qualified immunity. … Qualified immunity spares officers from “the time, expense and risk of money-damages actions” unless they violate clearly established constitutional rights. Hagans v. Franklin Cnty.

Cardall v. Thompson

845 F. Supp. 2d 1182 · District Court, D. Utah · Jan 11, 2012

After the defendant contends that qualified immunity applies, the plaintiff must prove that the defendant violated his rights, as protected by clearly established law. V-1 Oil Co. v. … Clearly Established Even if the decision to tase Brian was unconstitutional, summary judgment on the basis of qualified immunity is still appropriate if the unconstitutionality of the tasing was not “clearly established”

Diamond v. Owens

131 F. Supp. 3d 1346 · District Court, M.D. Georgia · Sep 14, 2015

Whether the Constitutional Right was Clearly Established Lewis is not entitled to qualified immunity if clearly established law gave her fair warning her conduct violated Diamond’s Eighth Amendment right to be protected from … Whether the Constitutional Right was Clearly Established Lewis is not entitled to qualified immunity if clearly established law gave her fair warning her failure to train subordinates was unlawful.

Hare ex rel. Hare v. City of Corinth

22 F.3d 612 · Court of Appeals for the Fifth Circuit · Jun 10, 1994

to summary judgment on the grounds of qualified immunity. … Clearly Established Constitutional Injury In reviewing the denial of a summary judgment motion based on a claim of qualified immunity, the Supreme Court has taught that the first inquiry is whether the plaintiff has asserted

Mary Sallenger, as the Administrator of the Estate of Andrew B. Sallenger, Deceased v. Brian Oakes, James Zimmerman, and Jason Oliver

473 F.3d 731 · Court of Appeals for the Seventh Circuit · Jan 10, 2007

If the right was clearly established, the government actor is not entitled to qualified immunity. … If the right was not clearly established, the officers are still entitled to qualified immunity.

TEICHBERG v. Smith

734 F. Supp. 2d 744 · District Court, D. Minnesota · Aug 17, 2010

“Qualified immunity protects a government official from liability in a section 1983 action unless the official’s conduct violated a clearly established constitutional or statutory right of which a reasonable person would … Even if the seizure of the backpack was unreasonable, Defendants are nonetheless entitled to qualified immunity if the constitutional violation was not clearly established at the time of the alleged violation.

Engleman v. Adkerson

District Court, N.D. Georgia · Mar 1, 2024

“Qualified immunity offers complete protection for government officials sued in their individual capacities if their conduct does not violate clearly established statutory or constitutional rights of which a … Plaintiff devotes no section to her failure-to-intervene claim but simply says Adkerson is not entitled to qualified immunity because it is clearly established that a person cannot be arrested without a

Trammell v. Thomason

559 F. Supp. 2d 1281 · District Court, M.D. Florida · Jun 3, 2008

“In this Circuit, the law can be “clearly established” for qualified immunity purposes only by decisions from the U.S. … Thus, the Court turns to the next sequential step in a qualified immunity analysis, which is to determine whether the right was “clearly established.” Was the right clearly established?

Megan McGuire v. Cory Cooper

952 F.3d 918 · Court of Appeals for the Eighth Circuit · Mar 6, 2020

“Summary judgment ‘determinations are appealable when they resolve a dispute concerning an abstract issue of law relating to qualified immunity–typically, the issue whether the federal right allegedly infringed was clearly … Qualified immunity is a doctrine that “shields a government official from liability unless his conduct violates ‘clearly established statutory or constitutional rights of which a reasonable person would have known.’”

Cox v. Fischer

248 F. Supp. 3d 471 · District Court, S.D. New York · Mar 31, 2017

Qualified Immunity “Under the doctrine of qualified immunity, ‘government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly … The Court concludes that Officer Murphy is not entitled to qualified immunity on this claim. 1.

Maria S. v. Garza

912 F.3d 778 · Court of Appeals for the Fifth Circuit · Jan 4, 2019

The qualified immunity analysis has two prongs: (1) whether the facts, taken in the light most favorable to the plaintiffs, demonstrate that an officer violated a federal right and (2) whether the right was clearly established … The district court correctly awarded qualified immunity. For the foregoing reasons, we AFFIRM the district court's grant of qualified immunity. Agent Garza does not recall being told this.

In re: Allen v.

Court of Appeals for the Fourth Circuit · Apr 2, 1997

We hold, therefore, that an official who performs an act clearly established to be beyond the scope of his discretionary authority is not entitled to claim qualified immunity under § 1983. … established for qualified immunity purposes."

Moore v. Indehar

514 F.3d 756 · Court of Appeals for the Eighth Circuit · Feb 1, 2008

However, under the doctrine of qualified immunity, a police officer is entitled to dismissal of such an action if his “conduct does not violate clearly established statutory or constitutional rights of which a reasonable … before a court can determine whether it was clearly established.”

Conkey v. Reno

885 F. Supp. 1389 · District Court, D. Nevada · May 4, 1995

Qualified Immunity Qualified immunity protects government officials from civil liability for actions taken in the performance of discretionary functions when their actions do not violate clearly established statutory or constitutional … Conkey of property without due process of law on the basis of qualified immunity. The complaint alleges the violation of a clearly established constitutional right.

Borgman v. Kedley

646 F.3d 518 · Court of Appeals for the Eighth Circuit · Jul 19, 2011

Qualified immunity protects police officers from civil liability for any action that does not violate "clearly established statutory or constitutional rights of which a reasonable person would have known." Young v. … When determining whether a state official is entitled to qualified immunity, we decide whether the alleged facts demonstrate that his conduct violated a constitutional right and whether that right was clearly established

David H. Haynes v. City of Circleville, Ohio

474 F.3d 357 · Court of Appeals for the Sixth Circuit · Jan 25, 2007

Qualified immunity When government officials are performing discretionary functions, their actions are generally, shielded from civil liability as long as their conduct “does not violate clearly established statutory or constitutional … Haynes is a fortiori unable to satisfy the second prong of the qualified-immunity analysis — that the constitutional right was clearly established. C.

PANAGACOS v. Towery

782 F. Supp. 2d 1183 · District Court, W.D. Washington · Mar 1, 2011

Qualified Immunity. … The second step of the qualified immunity analysis requires the Court to determine whether the constitutional rights at issue were clearly established when viewed in the specific context of the case.