Case law

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

Aversa v. United States

Court of Appeals for the First Circuit · Oct 21, 1996

And a federal official is qualifiedly immune from suit for an alleged constitutional tort if his "conduct [did] not violate clearly established . . . constitutional rights of which a -3- 3 reasonable person would have known … Qualified immunity, however, must be decided according to the law in effect at the time of the alleged violation -- "implicit in the Harlow formulation . . . is a temporal dimension: the ______ right must have been clearly

Ex Parte Colagross

674 So. 2d 1315 · Supreme Court of Alabama · Feb 9, 1996

McIntosh-Wilson, 582 So.2d 1058, 1061 (Ala.1991), Justice Adams wrote: "In their individual capacities, however, state officials may be liable for damages resulting from discretionary acts that violate `clearly established … In order to defeat a qualified immunity defense, the plaintiff `bears the burden of showing that "the legal norms allegedly violated by the defendant were clearly established at the time of the challenged actions."'" 582

Jenkins v. Talladega City Board of Education

95 F.3d 1036 · Court of Appeals for the Eleventh Circuit · Sep 23, 1996

the Anderson Court’s clarification of the appropriate level of generality at which a right must be “clearly established” for purposes of qualified immunity. … Justice was decided a few days after the events at issue here and, therefore, does not clearly establish the law in this case for qualified immunity purposes.

Briaheen Thomas v. Tice

948 F.3d 133 · Court of Appeals for the Third Circuit · Jan 15, 2020

“Qualified immunity shields government officials from civil damages liability unless the official violated a statutory or constitutional right that was clearly established at the time of the challenged conduct.” … As the Majority notes, qualified immunity does not shield a government official where she has “violated a statutory or constitutional right that was clearly established at the time of the challenged conduct.” Reichle v.

William Sullivan v. City of Round Rock, Tex

837 F.3d 513 · Court of Appeals for the Fifth Circuit · Sep 14, 2016

First, it “decides that a certain course of conduct would, as a matter of law, be objectively un- reasonable in light of clearly established law. … Qualified immunity provides government officials with immunity from suit—not merely a defense to liability for civil damages—“insofar as their con- duct does not violate clearly established statutory or constitutional rights

Bash v. Patrick

608 F. Supp. 2d 1285 · District Court, M.D. Alabama · Apr 9, 2009

Qualified Immunity: General Principles Qualified immunity protects government officers sued in their individual capacities from liability for civil damages so long as their conduct “does not violate clearly established statutory … Case law need not arise out of factually identical situations to clearly establish law for purposes of the qualified immunity analysis. Id. at 1351 .

Reginald R. Early v. Keith Crockett, Clayborn Carroll, Roberta Lewis, and Lamon Mayo

2019 Ark. 274 · Supreme Court of Arkansas · Oct 10, 2019

Appellees, as state employees, are protected by qualified immunity. See Ark. Code Ann. § 19-10-305 (Supp. 2017). State employees’ qualified immunity extends to section 1983 claims. See Robinson v. … Under the standard of qualified immunity, a government official will be entitled to immunity so long as his actions do not violate a clearly established statutory constitutional right of which a reasonable person would

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

Hemphill v. Kincheloe

987 F.2d 589 · Court of Appeals for the Ninth Circuit · Mar 3, 1993

Prison officials who have implemented a digital rectal probe policy are entitled to qualified immunity if, in light of the clearly established law at the time, a reasonable official could have believed that his conduct was … To determine whether this standard is satisfied, we recently established a two-part analysis: “1) Was the law governing the official’s conduct clearly established?

Torres Ocasio v. Melendez

283 F. Supp. 2d 505 · District Court, D. Puerto Rico · Sep 16, 2003

Furthermore, Defendants also assert their entitlement to qualified immunity. Qualified immunity constitutes a right not to stand trial or face the burdens of litigation. See Saucier v. … The procedures regarding qualified immunity allow for judicial review, via certiorari, on the qualified immunity issue. Id. at 207, 121 S.Ct. 2151 .

Cantrell v. Morris

849 N.E.2d 488 · Indiana Supreme Court · Jun 21, 2006

Kellogg also quoted the standard for qualified immunity as stated by the U.S. … Supreme Court: Whether an official may prevail in his qualified immunity defense depends upon the “objective reasonableness of his conduct as measured by reference to clearly established law.”

Glow In One Mini Golf, LLC v. Tim Walz

37 F.4th 1365 · Court of Appeals for the Eighth Circuit · Jun 16, 2022

“Qualified immunity is an immunity from suit, not merely a defense to liability,” and “[t]o avoid pretrial dismissal, a plaintiff must present facts showing the violation of a constitutional right that was clearly established … capacity of businesses deemed non-critical—was a taking under clearly established law.

Bowling v. Rector

584 F.3d 956 · Court of Appeals for the Tenth Circuit · Oct 26, 2009

clearly established law.” … “Summary judgment based on qualified immunity is appropriate if the law did not put the officer on notice that his conduct would be clearly unlawful.” Id.

Plowman v. United States Department of the Army

698 F. Supp. 627 · District Court, E.D. Virginia · Oct 19, 1988

The balance struck in the qualified immunity standard encourages expeditious termination of meritless suits against government officials when their actions do not implicate clearly established rights. … Here, Is-bell’s actions did not implicate a clearly established constitutional right, nor were his actions inconsistent with any such right. He is, therefore, entitled to qualified immunity.

Anthony Brown v. Rodney Strain, Jr.

663 F.3d 245 · Court of Appeals for the Fifth Circuit · Nov 18, 2011

Qualified Immunity “The doctrine of qualified immunity protects public officials from liability for civil damages ‘insofar as their conduct does not violate clearly established statutory or constitutional rights of … was ‘clearly established’ at the time of the defendant’s alleged misconduct.”

Rivas v. Freeman

940 F.2d 1491 · Court of Appeals for the Eleventh Circuit · Sep 9, 1991

In Harlow , the Supreme Court further stated that if the law regarding an individual’s constitutional or statutory rights is clearly established, the qualified immunity defense ordinarily should fail. … The district court denied the deputies’ claim to qualified immunity noting that their combined conduct violated Rivas’s clearly established constitutional rights.

Clement v. Gomez

298 F.3d 898 · Court of Appeals for the Ninth Circuit · Aug 6, 2002

Resolving the issue of qualified immunity involves a two-step inquiry. … Clearly Established Law The qualified immunity analysis requires us to further consider whether the rights of the prisoners in this case were clearly established at the time of *906 incident.

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.

Milward v. Shaheen

148 F. Supp. 3d 1341 · District Court, M.D. Florida · Oct 29, 2015

Qualified Immunity Qualified immunity protects municipal officers from liability in § 1983 actions as long as their conduct does- not violate clearly established statutory or constitutional rights of which a reasonable person … Callahan, 555 U.S. 223 , 129 S.Ct. 808 , 172 L.Ed.2d 565 (2009)); A right may be clearly established for the purposes of qualified immunity in one of three ways: “1) case law with indistinguishable facts clearly establishing