Case law

Duckworth v. St. Louis Metropolitan Police Department

491 F.3d 401 · Court of Appeals for the Eighth Circuit · Jul 19, 2007

immunity ... typically, the issue whether the federal right allegedly infringed was clearly established”). … The next step in the qualified immunity analysis “is to ask whether the right was clearly established ... in light of the specific context of the case.” See Saucier v.

Isbell v. Bellino

983 F. Supp. 2d 492 · District Court, M.D. Pennsylvania · Sep 25, 2012

Due Process Claims and Qualified Immunity The qualified immunity inquiry requires further discussion. … Thus, absolute immunity is not applicable. C. Qualified Immunity. 1. Qualified Immunity Standard.

Thomas Burnside v. Nueces County, Texas

773 F.3d 624 · Court of Appeals for the Fifth Circuit · Dec 9, 2014

clearly established at the time of the challenged conduct. … And, the law is clearly established that such a retaliatory action, if proved, violates the First Amendment.

Perry v. Lilly

District Court, W.D. Virginia · Nov 6, 2023

The doctrine of qualified immunity shields government officials “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … the right was clearly established at the time of the conduct in question.

Richard v. Hall

874 So. 2d 131 · Supreme Court of Louisiana · Apr 23, 2004

Revised Statute 9:2795B(1) clearly supports an interpretation that an owner, lessee or occupant qualifies for the immunity where his use of the premises is not principally for a commercial, recreational enterprise for profit … that determines the availability of the immunity provisions to a qualified owner.

Frazier v. Williams

620 F. Supp. 2d 103 · District Court, District of Columbia · Jun 2, 2009

Callahan, — U.S. -, 129 S.Ct. 808, 815 , 172 L.Ed.2d 565 (2009), the Supreme Court gave the following succinct overview of the qualified immunity doctrine: The doctrine of qualified immunity protects government officials … Consequently, she is entitled to qualified immunity. B.

Rice v. Burks

796 F. Supp. 319 · District Court, N.D. Illinois · May 28, 1992

The Seventh Circuit, in discussing that court’s jurisdiction over an interlocutory appeal purportedly on qualified immunity grounds, explained qualified immunity as follows: The defense of qualified immunity articulated in … An official who does not violate law “clearly established” at the time, 457 U.S. at 818 , 102 S.Ct. at 2738 , is entitled not only to prevail, but to prevail before trial. Qualified immunity, we know from Mitchell [v.

Abdullah v. Washington

437 F. Supp. 2d 137 · District Court, District of Columbia · Jul 7, 2006

Qualified Immunity The individual defendants contend that the Eight Amendment claim against them should be dismissed based on qualified immunity. … the violation is established, whether the right was clearly established.

Salem v. Michigan Department of Corrections

643 F. App'x 526 · Court of Appeals for the Sixth Circuit · Mar 9, 2016

As for the individual-capacity claims, Defendants invoked qualified immunity, arguing that the strip searches violated no clearly established constitutional rights. … To defeat a claim of qualified immunity, a plaintiff must show: (1) that the defendant violated a constitutional right, and (2) that right was clearly established at the time of the defendant’s actions. Pearson v.

Burnett v. Bottoms

368 F. Supp. 2d 1033 · District Court, D. Arizona · May 2, 2005

Qualified Immunity Defendants contend that the doctrine of qualified immunity shields them from Plaintiffs § 1983 claims. … If the right is not clearly established, the individual public officials are entitled to qualified immunity if a reasonable official could have believed that his or her conduct was lawful. Thompson v.

Ronald Davidson v. Charles J. Scully, Superintendent, and Edward Bollinger, Correction Officer

114 F.3d 12 · Court of Appeals for the Second Circuit · May 22, 1997

Under the law of qualified immunity, government officials may be sued only for violations of “clearly established” rules of federal law. Harlow v. … Summary judgment on the basis of qualified immunity is thus appropriate only if: the asserted rights were not clearly established, or if the evidence is such that, even when it is viewed in the light most favorable to the

Julia Correia v. Glenn Jones

943 F.3d 845 · Court of Appeals for the Eighth Circuit · Nov 27, 2019

“Qualified immunity shields officials from civil liability in § 1983 actions when their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … “Qualified immunity analysis requires courts to determine whether (1) the plaintiff has alleged or shown a violation of a constitutional right, and (2) the right was clearly established at the time of the defendants’ alleged

Jeffrey Joseph v. Kurt Schmiedeskamp

Court of Appeals for the Eighth Circuit · Jul 23, 2025

He must also overcome qualified immunity, which “shields government officials from liability when their conduct does not violate clearly established constitutional rights of which a reasonable person would have known.” … Schmiedeskamp maintains on appeal that he is entitled to qualified immunity because he didn’t violate Joseph’s clearly established rights.

Trujillo v. Simer

934 F. Supp. 1217 · District Court, D. Colorado · Jul 25, 1996

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 established statutory … The fact that Chief Judge Matsch later ruled the consent was involuntary in the criminal case does not establish that the Defendants are not entitled to qualified immunity.

Nicholas George v. William Rehiel

738 F.3d 562 · Court of Appeals for the Third Circuit · Dec 24, 2013

We therefore need not proceed to the second step of the qualified immunity analysis to determine whether that right was clearly established at the time of the challenged conduct. See Scott v. … valid First Amendment claim and that, even if he had, he had not alleged a violation of a clearly established constitutional right and so they were entitled to qualified immunity.

Thad Delaughter v. Ronald Woodall

909 F.3d 130 · Court of Appeals for the Fifth Circuit · Nov 19, 2018

Clearly established law Having established that summary judgment on the first prong was incorrect, we turn to the second prong of the qualified immunity analysis. … Therefore, if the fact issues under prong one were resolved in Delaughter’s favor, Hatten’s conduct would violate clearly established law and he would not be entitled to qualified immunity.

Samarco v. Neumann

44 F. Supp. 2d 1276 · District Court, S.D. Florida · Mar 4, 1999

The clearly established law prong of the qualified immunity test many not be met through references to general propositions. See Lassiter, 28 F.3d at 1149-50 . … Substantiating Clearly Established Violations of the Fourth Amendment ■ To overcome qualified immunity, Samar-co must show that: (1) Deputy Christensen violated a federal constitutional right; and (2) that the right was clearly

Backlund v. Barnhart

778 F.2d 1386 · Court of Appeals for the Ninth Circuit · Dec 17, 1985

those rights were clearly established at the time of the conduct at issue. … Davis extended the rule of qualified immunity to state officials. 104 S.Ct. at 3020 n. 12.

Day v. City of Indianapolis

380 F. Supp. 3d 812 · District Court, S.D. Indiana · May 13, 2019

Qualified immunity shields public officials from civil liability for acts done in their official capacity, insofar as their conduct does not violate clearly established statutory or constitutional rights to which a reasonable … The law has clearly established this conduct as violative and therefore precludes the officers from qualified immunity.

Thomas Noon v. Mayor John Smedley

94 F.4th 759 · Court of Appeals for the Eighth Circuit · Mar 4, 2024

Smedley and Kerns claim they are entitled to qualified immunity. … As with every qualified immunity analysis, we are tasked with a two-part inquiry to determine (1) whether a constitutional violation occurred, and (2) whether the right in question was clearly established at the time of the