Case law

Ngong Garang v. City of Ames

2 F.4th 1115 · Court of Appeals for the Eighth Circuit · Jun 30, 2021

claim for violation of a constitutional or statutory right,” and second, “whether the right was clearly established at the time of the alleged infraction.” … In conducting this analysis, we “may review the legal issues whether conduct violated the Fourth Amendment or clearly established law,” but “cannot review whether a factual dispute is genuine.” Sok Kong v.

O'Neil v. Texas Deparment of Criminal Justice

804 F. Supp. 2d 532 · District Court, N.D. Texas · Apr 7, 2011

A defense of qualified immunity “alters the usual summary judgment burden of proof ... … Deliberate indifference to an inmate’s serious medical needs violates a clearly established right under the Eighth Amendment. Estelle v.

Lawrence v. United States

340 F.3d 952 · Court of Appeals for the Ninth Circuit · Aug 21, 2003

If the right is not clearly established, the defendant is entitled to qualified immunity. Id. … “[Qualified immunity shields agents ... if ‘a reasonable officer could have believed [the action] to be lawful, in light of clearly established law and the information the [arresting] officers possessed.’ ” Hunter v.

Deutsch v. Federal Bureau of Prisons

737 F. Supp. 261 · District Court, S.D. New York · May 2, 1990

The question of whether a right is clearly established is one of law, Yalkut v. … The right the government official is alleged to have violated is “clearly established,” and hence beyond any qualified immunity, when the “contours” of the right are sufficiently unambiguous so that a reasonable official

Beck v. Wilson

377 F.3d 884 · Court of Appeals for the Eighth Circuit · Jul 29, 2004

violate clearly established law. … clearly established at the time of the alleged misconduct.

Erin Bulfin v. Becky Rainwater

104 F.4th 1032 · Court of Appeals for the Eighth Circuit · Jun 17, 2024

immunity because the alleged Fourth Amendment right was not clearly established. … Bulfin also argues the district court erred in ruling that the individual Defendants are protected by qualified immunity because the alleged Fourth Amendment violation was not a clearly established right.

Drake v. City of Rochester

96 Misc. 2d 86 · New York Supreme Court · Jun 5, 1978

As the United States Supreme Court noted in Imbler ( 424 US 409 ), the procedural difference between absolute and qualified immunity is an important one. … On the other hand, "The fate of an official with qualified immunity depends upon the circumstances and motivations of his actions, as established by the evidence at trials.”

Witchard v. Surampudi

District Court, District of Columbia · Mar 27, 2025

As a government official, Surampudi is, at minimum, entitled to qualified immunity. … Qualified immunity protects officials from liability “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have

Eagon v. City Of Elk City

72 F.3d 1480 · Court of Appeals for the Tenth Circuit · Jan 3, 1996

relevant law was clearly established when the alleged violation occurred." … established public forum doctrine and affirm the district judge's grant of qualified immunity to the individual defendants.

Essence Welch v. Daniel Dempsey

51 F.4th 809 · Court of Appeals for the Eighth Circuit · Oct 20, 2022

In a footnote, the court noted that Dempsey’s motion made “a passing reference that ‘at minimum’ he is entitled to qualified immunity,” and concluded that the law was clearly established that retaliation for protected speech … In an interlocutory appeal raising a defense of qualified immunity, this court has jurisdiction to address only an order deciding a purely legal issue of whether the facts alleged by a plaintiff show a violation of clearly

King v. Jefferies

402 F. Supp. 2d 624 · District Court, M.D. North Carolina · Nov 25, 2005

clearly established answers. … “If the law did not put the officer on notice that his conduct would be clearly unlawful,” qualified immunity should be granted. Saucier, 533 U.S. at 202, 121 S.Ct. at 2156.

Shane Bailey v. Don Feltmann

810 F.3d 589 · Court of Appeals for the Eighth Circuit · Jan 15, 2016

In a § 1983 action, qualified immunity shields a government official from liability unless the official’s conduct violated a clearly established constitutional or statutory right of which a reasonable official would have … Feltmann is thus entitled to qualified immunity.

Burgos-Yantin v. Municipality of Juana Díaz

669 F. Supp. 2d 191 · District Court, D. Puerto Rico · Nov 6, 2009

The qualified immunity doctrine shields government officials performing “discretionary functions from ... civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which … “[A] defendant who claims qualified immunity must do so either [1] on the theory that the asserted right is not clearly established or [2] on the theory that the conduct attributed to him satisfies the test of objective legal

Schulthies v. National Passenger Rr Corp.

650 F. Supp. 2d 994 · District Court, N.D. California · Aug 17, 2009

The defense of qualified immunity protects “government officials ... from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … A court considering a claim of qualified immunity must determine whether the plaintiff has alleged the deprivation of an actual constitutional right and whether such right was clearly established such that it would be clear

Parrish v. Nikolits

86 F.3d 1088 · Court of Appeals for the Eleventh Circuit · Jul 3, 1996

Once a public official or employee defendant raises a qualified immunity defense, the "plaintiffs bear the burden of showing that the federal "rights' allegedly violated were "clearly established.' " … Plaintiffs also contend that Nikolits is not entitled to qualified immunity, because the Elrod and Branti decisions clearly established the constitutional rule of law that Nikolits' actions violated.

Dayna Lee v. David Russ

33 F.4th 860 · Court of Appeals for the Sixth Circuit · May 6, 2022

The district court granted Russ qualified immunity. … Qualified immunity protects Russ unless (1) he violated Groom’s constitutional rights and (2) those rights were clearly established at the time. White v. Pauly, 137 S. Ct. 548, 551 (2017) (per curiam).

Hufford v. McEnaney

249 F.3d 1142 · Court of Appeals for the Ninth Circuit · May 22, 2001

On interlocutory appeal from a denial of summary judgment on a claim of qualified immunity, we have jurisdiction over the purely legal question of whether Hufford has established a claim supported by clearly established law … Hufford, as the party seeking to deprive the defendants of qualified immunity, bears the burden of proving that the rights he claims were “clearly established” at the time they were allegedly violated.

Myers v. City of Hermosa Beach

299 F. App'x 744 · Court of Appeals for the Ninth Circuit · Nov 7, 2008

If we find a violation of a constitutional right, we must then ask whether that right is clearly established. Saucier, 533 U.S. at 201, 121 S.Ct. at 2156. … to qualified immunity as to Silva’s false arrest claim. 2 (3) Lewitt next argues that the district court erred when it denied qualified immunity on Silva’s excessive force claim against him.

Rose v. Town of Jackson's Gap

952 F. Supp. 757 · District Court, M.D. Alabama · Oct 2, 1996

Both Sanders and Parrish claim they are immune from suit under the well-established doctrine of qualified immunity. … a qualified immunity defense. 11 .

Lee-Walker v. New York City Department of Education

712 F. App'x 43 · Court of Appeals for the Second Circuit · Oct 17, 2017

We conclude that the individual defendants are entitled to qualified immunity because their alleged conduct “does not violate clearly established statutory or constitutional rights of which a reasonable person would have … For these reasons we agree with the District Court’s dismissal of the claim against the individual- defendants on qualified immunity grounds.