Case law

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.

Swanson v. Powers

937 F.2d 965 · Court of Appeals for the Fourth Circuit · Jun 25, 1991

Powers moved to dismiss the suit against her on the grounds of qualified immunity. … The requirement, after all, is that the law be clearly established, not simply possibly established or even probably established.

Cornelius Marshall v. Wilbert Allen, Richard Anderson, and Anthony J. Fusco, Jr.

984 F.2d 787 · Court of Appeals for the Seventh Circuit · Feb 25, 1993

If it were not clearly established that their conduct violated the law at the time the officials allegedly acted, then they are entitled to qualified immunity. Siegert v. … The only one of the defendant’s claims that is properly before this court is whether they were entitled to qualified immunity because it was not clearly established that Mr.

Bieros v. Nicola

839 F. Supp. 332 · District Court, E.D. Pennsylvania · Dec 9, 1993

or administrative duties, then they are only entitled to a qualified, good-faith immunity. … A qualified immunity only protects defendants if it can be shown .that they did not violate any clearly established constitutional or statutory rights of which a reasonable person would have known.

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.

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

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.

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 .

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.

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.”

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.

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.

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.”

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.

Devin Jefferson v. George Lias

21 F.4th 74 · Court of Appeals for the Third Circuit · Dec 16, 2021

violate clearly established law. … violate “clearly established” law such that he is entitled to qualified immunity.

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.