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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 timesPublished
  • Hambric v. Twilley

    District 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 timesUnknown
  • Torcasio v. Murray

    862 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 timesPublished
  • Sanguinetti

    District 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 timesUnknown
  • Anthony Norman v. Ashlei Janak, Bobby Lumpkin, Bryan Collier, Shovanda D. Mathis, Margarita Thomas, Rocky Moore, and Tammy Shelby

    Texas 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 timesPublished
  • Beg 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 timesPublished
  • Wimbley v. Cashion

    588 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 timesPublished
  • Rigler v. Lampert

    248 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 timesPublished
  • Sheila 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 timesPublished
  • Mitchell v. Parker

    271 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 timesPublished
  • William A. Newman, Ph.D. v. Nereu F. Kock, Jr., Jacky Yuk-Chow So, Dan R. Jones, and Ray M. Keck, III

    Texas 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 timesPublished
  • Negron v. City of New York

    976 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 timesPublished
  • Matthew Livers v. Tim Dunning

    700 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 timesPublished
  • Christina 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 timesPublished
  • J.R. v. Gloria

    599 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 timesPublished
  • Cooper v. Bonaventura

    470 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 timesPublished
  • Brown 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 timesPublished
  • Long v. Norris

    929 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 timesPublished
  • William 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 timesPublished
  • Robert 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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