Case law

Michael Thomas Wilson v. Barry A. Kittoe, and Anthony S. Tokach

337 F.3d 392 · Court of Appeals for the Fourth Circuit · Jul 22, 2003

Under the second prong of our qualified immunity analysis, we must determine whether the right alleged to have been violated was a “clearly established ... right[ ] of which a reasonable person would have known.” … For the foregoing reasons, Wilson has alleged the violation of a clearly established Fourth Amendment right. Accordingly, the district court’s denial of qualified immunity is affirmed. AFFIRMED 1 .

Burns v. PA Department of Corrections

642 F.3d 163 · Court of Appeals for the Third Circuit · Apr 20, 2011

Qualified immunity shields government officials from suit even if their actions were unconstitutional as long as those officials‘ actions ―d[id] not violate clearly established statutory or constitutional rights of which … The burden of establishing qualified immunity falls to the official claiming it as a defense.

Montana v. Patterson

894 S.W.2d 812 · Texas Court of Appeals, 12th District (Tyler) · Dec 28, 1994

Appellees claimed qualified or “good faith” immunity to actions brought under 42 U.S.C.A. § 1983 , and cited Harlow v. Fitzgerald, 457 U.S. 800 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982). … Once the Appellees have asserted the qualified immunity and established that the alleged wrongful acts were taken within the scope of their discretionary authority, the burden then shifts to the Appellant to show that qualified

Parker v. Hyatt

196 N.C. App. 489 · Court of Appeals of North Carolina · Apr 21, 2009

Clearly, the legislature intended § 113-136(1) to pertain to all portions of § 113-136 in order to establish constitutional parameters to the authority given to protectors and inspectors. … Based on our determination, we need not address defendant’s argument regarding good faith qualified immunity.

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

Gordon v. Board of Trustees of the University of Arkansas

168 F. Supp. 3d 1148 · District Court, E.D. Arkansas · Mar 10, 2016

The individual defendants 7 contend they are enti- *1156 tied to qualified immunity from Gordon’s § 1983 and § 1985 claims 8 because the conduct alleged fails to state a violation of a clearly established federal right of … But the former UALR employees — Norwood and Peterson— are also entitled to qualified immunity if Gordon fails to allege the deprivation of a constitutional right or the right was not clearly established.

Marc Hall v. Ramsey County

801 F.3d 912 · Court of Appeals for the Eighth Circuit · Sep 14, 2015

“In [section] 1983 claims, qualified immunity shields government officials from liability and the burdens of litigation unless their conduct violated a clearly established constitutional or statutory right of which a reasonable … See Vaughn, 253 F.3d at 1128 (holding a government official is entitled to qualified immunity if a constitutional right is not “clearly established at the time of the” alleged violation).

Hannah Robertson v. Anderson Mill Elementary

989 F.3d 282 · Court of Appeals for the Fourth Circuit · Mar 2, 2021

Qualified immunity is a defense that “shields government officials from personal liability when their conduct does not violate clearly established rights of which a reasonable person would have known.” Brickey v. … needing to consider the “clearly established” prong of the qualified immunity analysis.

Grady v. Becker

907 F. Supp. 2d 975 · District Court, D. Minnesota · Nov 13, 2012

Qualified immunity principles Qualified immunity insulates government officials from suit when “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have … These cases simply highlight that the law in the Eighth Circuit was not clearly established prior to Chambers . Cf.

Sharnick v. D'Archangelo

935 F. Supp. 2d 436 · District Court, D. Connecticut · Mar 22, 2013

reasonable, as evaluated in the context of legal rules that were ‘clearly established’ at the time.” … If the law was “clearly established, the [qualified] immunity defense ordinarily ... fail[s], since a reasonably competent official should know the law governing his conduct.” Harlow v.

Jamal Stephenson v. John Doe

332 F.3d 68 · Court of Appeals for the Second Circuit · Jun 13, 2003

The court indicated that, depending on the jury's answers to the interrogatories, he might have to "decide whether the law was clearly established and whether qualified immunity would attach." … The court later emphasized that this law was clearly established for purposes of qualified immunity.

Beier v. Lewiston, City Of

354 F.3d 1058 · Court of Appeals for the Ninth Circuit · Jan 14, 2004

The Supreme Court reasoned that the consequences of such an argument would be "intolerable," because the qualified immunity right would be easily defeated as long as the complaint alleges violation of one clearly established … Clearly Established Right 43 " `[C]learly established' for purposes of qualified immunity means that `[t]he contours of the right must be sufficiently clear that a reasonable official would understand that what he is doing

Gonzalez v. City of Schenectady

728 F.3d 149 · Court of Appeals for the Second Circuit · Aug 28, 2013

The issues on qualified immunity are: (1) whether plaintiff has shown facts making out violation of a constitutional right; (2) if so, whether that right was “clearly established”; and (3) even if the right was “clearly established … In this way, qualified immunity shields official conduct that is “ ‘objectively legally reasonable in light of the legal rules that were clearly established at the time it was taken.’ ” X-Men Sec., Inc. *155 v.

Latetia Nunley v. Blayne Newton

117 F.4th 1059 · Court of Appeals for the Eighth Circuit · Sep 25, 2024

at issue was clearly established at the time of defendant’s alleged misconduct.” … “[T]o determine whether [Newton] violated clearly established law, we need to know what happened.

Jeffrey Cozzi v. Cedrick Thomas

892 F.3d 1288 · Court of Appeals for the Eleventh Circuit · Jun 19, 2018

Because Cozzi was arrested without arguable probable cause, “[t]he second qualified immunity inquiry is, in the context of this case, straightforward: our binding precedent clearly established, at the time of [Cozzi’s] … established law and thus is not entitled to qualified immunity.

Thompson v. Eason

258 F. Supp. 2d 508 · District Court, N.D. Texas · Mar 28, 2003

“The bifurcated test for qualified immunity asks whether the plaintiff has alleged a violation of a clearly established right and, if so, whether the defendants’] conduct was objectively unreasonable.” Palmer v. … in light of that then clearly established law.”

James Byron Green v. Margaret Baron, Joan Wright, Sherri Shea, Dr. R.T. Lara, and Gary Kirchhof

925 F.2d 262 · Court of Appeals for the Eighth Circuit · Feb 6, 1991

To determine if the employees are entitled to qualified immunity, we must first decide whether Green has invoked a constitutional right that was clearly established when the conduct in question occurred. See Harlow v. … Thus, when Green entered Oakdale, it was clearly established he could not be punished.

Crowson v. Washington County State, Utah

983 F.3d 1166 · Court of Appeals for the Tenth Circuit · Dec 29, 2020

Merits Analysis “The doctrine of qualified immunity shields officials from civil liability so long as their conduct ‘does not violate clearly established statutory or constitutional rights of which a reasonable … We therefore proceed directly to the second prong of the qualified immunity analysis: whether the violation was clearly established.9 See 9 Mr. Crowson asserts that Dr.

Landon Michael v. Joshua Trevena

899 F.3d 528 · Court of Appeals for the Eighth Circuit · Aug 7, 2018

"[O]fficers are entitled to qualified immunity under § 1983 unless (1) they violated a federal statutory or constitutional right, and (2) the unlawfulness of their conduct was 'clearly established at the time.' " District … In this case, neither party disputes the clearly-established prong of the qualified immunity analysis.

Guite v. Wright

976 F. Supp. 866 · District Court, D. Minnesota · Sep 25, 1997

Claims under 42 U.S.C. § 1983 Any individual government officials performing discretionary functions have a qualified immunity defense to a Section 1983 claim for damages “insofar as their conduct does not violate clearly … in the home, the entry violated clearly established law which a reasonable officer should have known.