Case law

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.

Michael Sauers v. Borough of Nesquehoning

905 F.3d 711 · Court of Appeals for the Third Circuit · Oct 2, 2018

the District Court's denial of qualified immunity. … In its recent decisions addressing qualified immunity, the Supreme Court has "repeatedly told courts ... not to define clearly established law at a high level of generality." Kisela v.

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.”

Ernest D. Johnson v. Brian Breeden

280 F.3d 1308 · Court of Appeals for the Eleventh Circuit · Jan 28, 2002

In McMillian we affirmed the denial of summary judgment on qualified immunity grounds, holding that prior decisions had clearly established the law that pretrial detention amounting to punishment violated due process, and … So, where this type of constitutional violation is established there is no room for qualified immunity.

Maus v. Lade

District Court, E.D. Wisconsin · Mar 10, 2020

Nor is Lade entitled to qualified immunity. … Wesby, 138 S.Ct. 577, 589 (2018) (explaining that officers are not entitled to qualified immunity if the unlawfulness of their conduct was clearly established at the time).

Willie G. Harris v. Coweta County, a Political Subdivision of the State of Georgia, Larry T. Hammett, Sheriff of Coweta Co.

21 F.3d 388 · Court of Appeals for the Eleventh Circuit · May 23, 1994

The district court’s order in relevant part denied the Sheriffs motion for summary judgment based on qualified immunity. 1 The *390 court ruled that the prohibition against cruel and unusual punishment was “undoubtedly clearly … For purposes of qualified immunity, a legal norm is clearly established when “the right the official is alleged to have violated [was] ‘clearly established’ in a more particularized, and hence more relevant, sense: The contours

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.”

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.

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.

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.

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.

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.

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

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

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.

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 .

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.

Castillo v. Day

790 F.3d 1013 · Court of Appeals for the Tenth Circuit · Jun 22, 2015

Both defendants moved for summary judgment, asserting they were entitled to qualified immunity. … of that doctrine to Plaintiffs’ claims is not clearly established.

Quinn v. Young

780 F.3d 998 · Court of Appeals for the Tenth Circuit · Mar 13, 2015

As our qualified-immunity jurisprudence permits us to do, we exercise our discretion to proceed straight to the latter question and resolve this claim on the clearly-established-law prong of our qualified-immunity test … Indeed, the Supreme Court has made clear that reciting the overarching requirement of probable cause does not pass muster in a qualified-immunity clearly-established-law assessment.

Good v. Olk-Long

71 F.3d 314 · Court of Appeals for the Eighth Circuit · Dec 8, 1995

This appeal follows. 4 We need only to pass upon the question of qualified immunity. … It is well settled that qualified immunity shields government officials from liability for money damages if their conduct does not violate clearly established statutory or constitutional rights of which a reasonable official