Case law

Rodriguez v. Lockheed Martin Corp.

627 F.3d 1259 · Court of Appeals for the Ninth Circuit · Nov 30, 2010

We have accepted interlocutory appeals under the collateral order doctrine where the issue is a sovereign’s absolute immunity from suit and where qualified immunity is at issue. See, e.g., Paine v. … Con- sistent with our prior decisions, we hold that the government contractor defense does not confer absolute or qualified immunity.

Muslim v. Frame

897 F. Supp. 215 · District Court, E.D. Pennsylvania · Aug 23, 1995

Whether the Defendants Are Entitled to Qualified Immunity Defendants’ final argument is that summary judgment should be granted because they are entitled to qualified immunity. … Qualified immunity protects governmental officers from damages claims when their alleged conduct “does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”

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.

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

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.

Evans v. Morgan

304 F. Supp. 2d 1100 · District Court, W.D. Wisconsin · Sep 25, 2003

Defendant contends both that plaintiff has failed to allege sufficient facts to state a claim for a violation of due process and that defendant is entitled to qualified immunity because he did not violate a clearly established … Qualified Immunity Defendant contends that plaintiffs claim should be dismissed because defendant is entitled to qualified immunity. The qualified immunity analysis is a two-step inquiry.

Todd v. Montoya

877 F. Supp. 2d 1048 · District Court, D. New Mexico · Jun 24, 2012

Once the plaintiff has established the inference that the defendant’s conduct violated a clearly established constitutional right, a qualified-immunity defense generally fails. See Cannon v. … Clearly Established Rights in the Qualifíed-Immunity Analysis.

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).

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.

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.

Jessica Kampschroer v. Ramsey County

840 F.3d 961 · Court of Appeals for the Eighth Circuit · Sep 1, 2016

The City of Minneapolis appeals the denial of qualified immunity in the Karasov action, and numerous Minnesota counties appeal the denial of qualified immunity in the Kampschroers action. … 2) even if there is liability for such action, it was not clearly established at the time the information was accessed in these cases.

VanHorn v. Nebraska State Racing Commission

304 F. Supp. 2d 1151 · District Court, D. Nebraska · Jan 27, 2004

Qualified Immunity “Qualified immunity protects government officials from damage liability unless their discretionary acts violated clearly established statutory or constitutional rights. See Harlow v. … The defendants are entitled to qualified immunity unless the plaintiff has alleged the violation of a constitutional right that was clearly established at the time of the alleged violation. Hafley v.

Bird v. Lampert

Court of Appeals for the Tenth Circuit · Dec 15, 2020

(2) that the constitutional right was clearly established at the time of the violation.” … Clearly Established Law But even if we assume that a constitutional violation occurred, defendants Lampert, Pacheco, and Weik would still be entitled to qualified immunity because there is no clearly established

Young v. Selk

508 F.3d 868 · Court of Appeals for the Eighth Circuit · Nov 28, 2007

“Qualified immunity protects state officials from civil liability for actions that do not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Shockency v. … The defendants in their brief do not focus on this aspect of qualified immunity. First of all, in any case, it was no doubt clearly established long before 2004, when Mr.

Newcomb v. City of Troy

719 F. Supp. 1408 · District Court, E.D. Michigan · Aug 18, 1989

The “clearly established law” at the time Plaintiff was seized by Officer Denny permitted the application of deadly force in limited circumstances. … The claims against Officer Denny are dismissed above on the basis of qualified immunity under Anderson v. Creighton, supra.

Peter Klassen v. Gaines County, Texas, and Gaines County Deputy Sheriffs Ken Ketron and Clint Low

Texas Court of Appeals, 11th District (Eastland) · Jul 15, 2021

“[O]fficers are entitled to qualified immunity under [42 U.S.C.] § 1983 unless (1) they violated a federal statutory or constitutional right, and (2) the unlawfulness of their conduct was ‘clearly established at the time. … doctrine of qualified immunity only applies to “individuals.”

Melvin Taylor v. Edward Reilly, Jr.

685 F.3d 1110 · Court of Appeals for the D.C. Circuit · Jul 17, 2012

or, in the alternative, qualified immunity. … The Court has explained, for example, that although “the right to due process of law is quite clearly established by the Due Process Clause,” that level of generality is too high for purposes of qualified immunity because

Sheets v. Butera

389 F.3d 772 · Court of Appeals for the Eighth Circuit · Nov 9, 2004

"If no constitutional right would have been violated were the allegations established, there is no necessity for further inquiries concerning qualified immunity." Id. … As previously noted, before we determine whether the law was clearly established for purposes of qualified immunity, we first must determine whether the facts alleged show that the officers violated a constitutional right

Pagán-Cuebas v. Vera-Monroig

91 F. Supp. 2d 464 · District Court, D. Puerto Rico · Mar 27, 2000

Qualified Immunity Defense. … Qualified immunity shields government officers performing discretionary functions from civil damages insofar as their conduct does not violate a clearly established statutory or constitutional right which should have been