Case law

Danelle Hollingsworth v. City of St. Ann

800 F.3d 985 · Court of Appeals for the Eighth Circuit · Sep 3, 2015

The court ruled that McCallum, King, and Mayberry were entitled to qualified immunity because it was not clearly established at the time of Hollingsworth’s arrest that a use of force that resulted in only de minimis injury … In § 1983 actions, qualified immunity shields government officials from suit unless their conduct violated a clearly established right of which a reasonable official would have known. Harlow v.

Eclophia Smith, Jr. v. James Marcantonio, Bill Armontrout, Donald Cline, Orolee Brady, Dick Moore, Dr. Richard K. Bowers

910 F.2d 500 · Court of Appeals for the Eighth Circuit · Aug 6, 1990

Prison officials are entitled to qualified immunity unless: their conduct violates a clearly established statutory or constitutional right; they knew or should have known the right was clearly established; and they knew or … White, 762 F.2d 635 , 637 (8th Cir.1985), Marcantonio and Brady are entitled to a summary judgment grant of qualified immunity. Smith’s claim that Dr.

Rogers Vann v. City of Southaven

884 F.3d 307 · Court of Appeals for the Fifth Circuit · Mar 5, 2018

“A qualified immunity defense alters the usual summary judgment burden of proof. … Under these circumstances, Jones’s use of force did not violate clearly established law.

Beverly Osabutey and Ulysses Gaither v. Larry E. Welch and C.B. Kearney

857 F.2d 220 · Court of Appeals for the Fourth Circuit · Sep 16, 1988

immunity discussed in Anderson . … [the] warrantless search to be lawful, in light of clearly established law and the information the searching officer possessed." — U.S. at-, 107 S.Ct. at 3040 .

Simmons v. City of Paris Texas

378 F.3d 476 · Court of Appeals for the Fifth Circuit · Jul 20, 2004

On an appeal of an interlocutory order denying a claim of qualified immunity, our review is unusually circumscribed. … Because defendants do not contest that this qualifies as a clearly established constitutional norm, we can assume, and so hold, that it qualifies and proceed to the question of whether there is conflicting evidence that

Martel v. County of Los Angeles

21 F.3d 940 · Court of Appeals for the Ninth Circuit · Apr 12, 1994

That is clearly sufficient to meet the Lane requirement. … Because the violation here clearly prejudiced Martel’s ability to prepare his case, we must reverse. III.

Walczyk v. Rio

339 F. Supp. 2d 385 · District Court, D. Connecticut · Sep 29, 2004

Defendants contend that they are entitled to summary judgment on Thomas’s fourth amendment claims because they have qualified immunity. … Defendants contend that they are entitled to summary judgment on these claims based on qualified immunity.

George A. Williams v. Cons. City of Jacksonville

381 F.3d 1298 · Court of Appeals for the Eleventh Circuit · Aug 27, 2004

We denied Davis qualified immunity against this claim, holding that “the laws allegedly violated by Commissioner Davis were clearly established.” Id. at 1064. … Furthermore, if the “clearly established” prong of the qualified immunity test is interpreted unduly strictly, it will effectively prevent further development of wide areas of constitutional law.

Redding v. Safford Unified School Dist. No. 1

531 F.3d 1071 · Court of Appeals for the Ninth Circuit · Jul 11, 2008

Because these constitutional principles were clearly established at the time that middle school officials directed and conducted the search, the school official in charge is not entitled to qualified immunity from suit for … The conclusion that Sa-vana’s constitutional rights were not violated rendered consideration of the second step of qualified immunity—whether the right was clearly established—unnecessary.

Cecil Edwards, Jr. v. Karl Byrd

750 F.3d 728 · Court of Appeals for the Eighth Circuit · Apr 24, 2014

The defendants are entitled to qualified immunity unless (1) “the facts alleged or shown, construed in the light most favorable to [the plaintiffs], establish a violation of a constitutional or statutory right,” and (2) the … “right was clearly established as of [the date of the alleged violation], such that a reasonable official would have known that his actions were unlawful.”

Curley v. Klem

Court of Appeals for the Third Circuit · Aug 24, 2007

a clearly established constitutional right.” … Whether a right was clearly established is the “key immunity question”; we have never permitted a jury to answer that question.

Robinson v. Bibb

840 F.2d 349 · Court of Appeals for the Sixth Circuit · May 3, 1988

. * WELLFORD, Circuit Judge. 1 The question in this case is when does a judicial decision operate to strip a public official of good faith immunity by becoming "clearly established" law. … II. 5 A police officer's immunity is qualified, not absolute.

Beaver v. City of Federal Way

507 F. Supp. 2d 1137 · District Court, W.D. Washington · Aug 31, 2007

Qualified immunity protects § 1983 defendants from liability for civil damages if their conduct does not violate a clearly established constitutional or statutory *1148 right of which a reasonable person would have known. … Under the second prong of Saucier, the officers are entitled to qualified immunity.

Thorne v. City of El Segundo

802 F.2d 1131 · Court of Appeals for the Ninth Circuit · Oct 20, 1986

. § 1983 claim against the individual defendants on grounds of qualified good faith immunity. The City of El Segundo cross-appeals the award of attorneys’ fees to Thorne in the amount of $34,900. … Qualified Immunity Government officials performing discretionary functions are shielded from liability for civil damages if their conduct does not violate “clearly established statutory or constitutional rights of which a

Michael Melton v. Hunt County

875 F.3d 256 · Court of Appeals for the Fifth Circuit · Nov 13, 2017

Second, the plaintiff must show that “the right was ‘clearly established’ at the time of the challenged conduct.” Id. … clearly established as to the specific facts of the case.”

Dwain Barton v. Officer Martin

949 F.3d 938 · Court of Appeals for the Sixth Circuit · Feb 7, 2020

These violations were of clearly established law. Vann, therefore, is not entitled to qualified immunity for all three federal claims. … Qualified immunity shields government officials performing discretionary functions “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which

Jeffery Mays v. Ronald Sprinkle

992 F.3d 295 · Court of Appeals for the Fourth Circuit · Mar 30, 2021

But, at least in our Circuit, defendants bear the burden of showing that the violation was not clearly established, and they are therefore entitled to qualified immunity. Henry v. … That is enough to overcome qualified immunity and survive a motion to dismiss.

Harewood v. Braithwaite

64 F. Supp. 3d 384 · District Court, E.D. New York · Dec 5, 2014

Qualified Immunity Standards Qualified immunity protects government officials from civil damages liability “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … Finding a right clearly established for purposes of qualified immunity “do[es] not require a case directly on point, but existing precedent must have placed the ... constitutional question beyond de *400 bate.”

Larry Pounds v. David Griepenstroh, Hugh Barclay, and Louis Lubbehusen

970 F.2d 338 · Court of Appeals for the Seventh Circuit · Aug 6, 1992

A right is “clearly established” for qualified immunity purposes only where “the contours of the right [are] sufficiently clear that a reasonable official would understand that what he is doing violates the right,” and “in … was clearly established.

Ann Erwin, Dwight Bleke, Richard Moeller v. Richard M. Daley, Glen Carr, Kelly Welsh

92 F.3d 521 · Court of Appeals for the Seventh Circuit · Sep 18, 1996

To the contrary, qualified immunity shields government officials who are performing discretionary functions from liability for civil damages “insofar as their conduct does not violate clearly established statutory or constitutional … qualified immunity defense is designed to spare the defendants.