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Derrick Dorrell Turner v. Arkansas Insurance Department, Mike Pickens
297 F.3d 751 · Court of Appeals for the Eighth Circuit · Sep 11, 2002
The issue presented on appeal is a narrow one: Whether, for qualified immunity purposes, it was “clearly established” on September 23, 1999, that 42 U.S.C. § 1981 conferred upon an at-will employee the right to be free from … To do so, in essence, would give these cases the force and effect of law on certain propositions in the narrow context of determining whether the law was "clearly established” for qualified immunity purposes.
Cited 37 timesPublishedDistrict Court, N.D. Alabama · Jan 25, 2024
“Qualified immunity offers complete protection for government officials sued in their individual capacities if their conduct ‘does not violate clearly established statutory or constitutional rights of … Because Plaintiff’s allegations fail to show that Sheriff Smith violated clearly established law, he is entitled to qualified immunity. Mitchell, 472 U.S. at 525. IV.
Cited 0 timesUnknown862 F. Supp. 1482 · District Court, E.D. Virginia · Sep 14, 1994
Qualified Immunity Qualified immunity insulates government officials from civil damages liability when the officials’ actions do not “violate clearly established statutory or constitutional rights of which a reasonable person … Evaluating a defense of qualified immunity involves three discrete determinations: (1) identification of the specific right allegedly violated; (2) determination of whether the right was so clearly established as to put a
Reversed on other grounds by Torcasio v. Murray, 57 F.3d 1340 (1995)Cited 10 timesPublishedDistrict Court, M.D. Florida · Feb 20, 2026
right was clearly established at the time of the misconduct. … This claim is barred by qualified immunity.
Cited 0 timesUnknownTexas Court of Appeals, 15th District · May 1, 2025
See 2 Although it is more precise to say Defendants would be entitled to “qualified immunity” under federal law from Norman’s Section 1983 claims, “official immunity” and “qualified immunity” are often used … Further, qualified immunity under federal law is analogous to state law official immunity and “protects governmental officers with discretionary authority from liability so long as their conduct does not violate clearly established
Cited 0 timesPublishedBeg Investments, LLC v. Alberti
34 F. Supp. 3d 68 · District Court, District of Columbia · Mar 31, 2014
The doctrine of qualified immunity shields government officials, who are sued in their individual capacity for money damages, for “conduct [that] does not violate clearly established statutory or constitutional rights of … That is certainly the case here. 16 The Court thus turns to the second prong of the qualified immunity analysis — whether it was clearly established, in June
Cited 15 timesPublished588 F.3d 959 · Court of Appeals for the Eighth Circuit · Dec 3, 2009
The court found genuine issues of material fact whether Cashion’s reasons for discharging Wimbley were pretextual, and denied qualified immunity. II. This court reviews de novo a denial of qualified immunity. … Cashion is not entitled to qualified immunity under part one of the Saucier inquiry. B. The second Saucier inquiry is whether the right was clearly established.
Cited 44 timesPublished248 F. Supp. 3d 1224 · District Court, D. Wyoming · Mar 31, 2017
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. … Callahan, 555 U.S. 223, 236 , 129 S.Ct. 808 , 172 L.Ed.2d 565 (2009), we held that courts may grant qualified immunity on the ground that a purported right was not “clearly established” by prior case law, without resolving
Cited 7 timesPublishedSheila T. Harper v. Lawrence County
584 F.3d 1030 · Court of Appeals for the Eleventh Circuit · Oct 7, 2009
on qualified immunity. … Were Harper’s rights clearly established at the time?
Superseded on other grounds by Harper v. Lawrence County, Ala., 592 F.3d 1227 (2010)Cited 7 timesPublished271 F. Supp. 3d 1364 · District Court, N.D. Georgia · Sep 25, 2017
A plaintiff demonstrates that qualified immunity does not apply by showing “(1) the defendant violated a constitutional right, and (2) the right was clearly established at the time of the alleged violation.” … Dowling contends that there is an absence of evidence in the record to support this claim and therefore Dowling could not have violated a clearly established constitutional right and is entitled to qualified immunity.
Cited 3 timesPublishedTexas Court of Appeals, 4th District (San Antonio) · Aug 6, 2008
Qualified Immunity Qualified immunity is a defense to federal law claims that shields governmental officials performing discretionary functions from liability as long as their actions could reasonably be thought … that violated clearly established law.
Cited 0 timesPublished976 F. Supp. 2d 360 · District Court, E.D. New York · Oct 4, 2013
An assertion of qualified immunity requires a court to determine “(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 … Whether the Constitutional Right Violated Was Clearly Established Even if their actions are found to have constituted unreasonable or excessive force, Marchesona and Pigott would still be entitled to qualified immunity if
Cited 15 timesPublished700 F.3d 340 · Court of Appeals for the Eighth Circuit · Nov 8, 2012
DISCUSSION Appellants are entitled to qualified immunity unless (1) they violated a federal constitutional or statutory right belonging to Livers or Sampson (2) that was clearly established at the time of the violation … Appellants are entitled to qualified immunity on Livers’ failure-to- intervene claim. G.
Cited 201 timesPublishedChristina Romero v. Amanda Brown
937 F.3d 514 · Court of Appeals for the Fifth Circuit · Aug 29, 2019
The court held that a violation of the right to family integrity was not clearly established in the context of a social worker investigation, entitling both Brown and Mouton to qualified immunity. … Those allegations do not establish that the officers violated clearly established law.
Cited 26 timesPublished599 F. Supp. 2d 182 · District Court, D. Rhode Island · Feb 26, 2009
The second qualified immunity prong examines whether the contours of this right were clearly established in 1996. Anderson, 483 U.S. at 640 , 107 S.Ct. 3034 . … Even if this final parameter of the right was clearly established *202 in 1996, Defendants Gloria and Terry are still entitled to qualified immunity because, under the third and final prong, each would have an objectively
Cited 5 timesPublished470 F. Supp. 2d 642 · District Court, W.D. Virginia · Jan 25, 2007
To decide a defense of qualified immunity, I must first determine whether the agent has violated a particular constitutional right and if so, next proceed to decide whether that right was clearly established at the time of … Even assuming that the seizure was not supported by probable cause, Bonaventura is still entitled to qualified immunity so long as the seizure did not violate a clearly established right of which an objectively reasonable
Cited 0 timesPublishedBrown v. St. Landry Parish Sheriff's Dept
298 F. Supp. 3d 879 · District Court, W.D. Louisiana · Mar 21, 2018
, not only from suit, but from "liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known." 31 Qualified immunity … The second prong of the qualified-immunity analysis asks whether the right in question was "clearly established" at the time of the violation.
Cited 1 timesPublished929 F.2d 1111 · Court of Appeals for the Sixth Circuit · Apr 29, 1991
established" for purposes of qualified immunity. … established at the time of the searches for purposes of qualified immunity.
Cited 1 timesPublishedWilliam J. Benson v. Robert H. Allphin
786 F.2d 268 · Court of Appeals for the Seventh Circuit · Apr 11, 1986
Qualified Immunity As government officials performing discretionary functions, Allphin and Rummel are shielded from liability for civil damages in a § 1983 action unless their conduct violated “clearly established statutory … Although the Supreme Court has articulated the rule for qualified immunity, it has not fully explained what it means by the phrase “clearly established statutory or constitutional rights.”
Superseded by statute, as recognized in Laborers' Pension Fund v. A & C Environmental, IncorporatedCited 183 timesPublishedRobert B. Brown v. Texas a & M University
804 F.2d 327 · Court of Appeals for the Fifth Circuit · Nov 17, 1986
Perez In order to overcome Reynolds’ claim of qualified immunity, Brown must show that Reynolds’ conduct “violate[d] clearly established statutory or constitutional rights of which a reasonable person would have known.” … Forsyth, 105 S.Ct. at 2816 (“Unless plaintiffs allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery.”).
Cited 123 timesPublished
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