Case law

Kyle Rusness v. Becker County, Minnesota

31 F.4th 606 · Court of Appeals for the Eighth Circuit · Apr 12, 2022

Qualified immunity “shields government officials from liability when their conduct does not violate clearly established constitutional rights of which a -10- reasonable person would … Qualified immunity analysis involves two inquiries: (1) whether there has been a violation of a constitutional right; and (2) whether that right was clearly established at the time of the violation. Saucier v.

Jarovits v. Monroe County Children & Youth Services

345 F. App'x 784 · Court of Appeals for the Third Circuit · Sep 21, 2009

The Bayer Court held that “under the ‘clearly established’ prong of the Saucier test, defendants should be afforded qualified immunity with respect to [the plaintiffs’ procedural due process] claim.” … qualified immunity.

Goff v. Bise

173 F.3d 1068 · Court of Appeals for the Eighth Circuit · Apr 6, 1999

the alleged right is clearly established; and (3) raise a genuine issue of fact as to whether the official would have known that his alleged conduct would have violated [the] plaintiff's clearly established right. 14 Habiger … Both of these claims allege violations of constitutional rights that were clearly established at the time of the August 12 arrest. See Guite v.

Wright v. Montgomery County

215 F.3d 367 · Court of Appeals for the Third Circuit · Jun 9, 2000

Wright argues that the Appellants’ qualified immunity claims are not reviewable on interlocutory appeal because the District Court’s December 18, 1998, Memorandum and Order “sets forth the clearly established right which … Holding as we do that Wright has alleged the violation of a clearly established right, we must also hold that the Appellants are not entitled to qualified immunity at this stage of the proceedings. IV.

Shaw v. Stroud

13 F.3d 791 · Court of Appeals for the Fourth Circuit · Jan 6, 1994

Government officials have qualified immunity for discretionary functions so long as “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … Stroud Because of the nature of § 1983 supervisory liability, the plaintiffs must make several separate showings to demonstrate that Stroud lacked qualified immunity: (1) it was “clearly established” at the time of Morris

Hlad Ex Rel. Shipley v. Tennessee Secondary School Athletic Ass'n

305 F. Supp. 2d 830 · District Court, M.D. Tennessee · Feb 27, 2004

Qualified Immunity Under the qualified immunity doctrine, “government officials who perform discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly … Accordingly, the Court concludes that, even if the qualified immunity doctrine applies to Defendant Carter, he has not established that he is entitled to application of qualified immunity at this stage of the litigation.

Giddings v. Joseph Coleman Center

473 F. Supp. 2d 617 · District Court, E.D. Pennsylvania · Feb 7, 2007

If a constitutional violation is found, the second inquiry of qualified immunity is whether the right allegedly violated was clearly established enough that it “would be clear to a reasonable [state official] that his conduct … Clear to a Reasonable Officer The second prong of the Saucier qualified immunity test asks whether the constitutional right violated was clearly established enough at the time of the violation that it “would be clear to a

Robinson v. City of West Allis

239 Wis. 2d 595 · Wisconsin Supreme Court · Dec 13, 2000

When faced with the defense of qualified immunity the plaintiff bears the burden of establishing that a defendant's conduct violated " 'clearly established statutory or constitutional rights of which a reasonable person would … While it is clearly established that an individual has a right to be free from excessive force, our qualified immunity inquiry must be much more particularized as to the facts of each case. Anderson v.

Atkins v. Township of Flint

94 F. App'x 342 · Court of Appeals for the Sixth Circuit · Apr 9, 2004

Atkins clearly established constitutional right not to be arrested without probable cause and not to be subjected to excessive force. … Atkins could maintain a § 1983 action based on a violation of his clearly established right to be free from an arrest without a probable cause.

Howes v. Hitchcock

66 F. Supp. 2d 203 · District Court, D. Massachusetts · Sep 9, 1999

conduct violated clearly established law.” … To prevail on their qualified immunity defense, the officers must first establish that a prudent police officer with the information they collectively possessed reasonably could have believed that probable cause to arrest

Reed v. Multi-Cty. Juvenile Sys.

2010 Ohio 6602 · Ohio Court of Appeals · Dec 30, 2010

To overcome the appellants' qualified-immunity defense, Reed must establish that the appellants' conduct violated a constitutional right and that the right was clearly established. Hope v. … Leonard (C.A.8, 2007), 477 F.3d 544, where qualified immunity was denied via summary judgment.

Hunt v. Massi

5 F. Supp. 3d 160 · District Court, D. Massachusetts · Mar 25, 2014

Overview of Qualified Immunity Qualified immunity protects public officials from civil liability under 42 U.S.C. § 1983 , as long as their conduct does not violate clearly established statutory or constitutional rights which … The Right was Clearly Established.

Dinsdale v. Commonwealth

424 Mass. 176 · Massachusetts Supreme Judicial Court · Feb 3, 1997

Government officials are normally protected only by a qualified immunity, and those officials seeking an absolute exemption from personal liability must show that public policy requires an immunity of that scope. … In Chicopee Lions Club, supra at 251, we established that the scope of prosecutorial immunity under G. L. c. 12 is “at least as broad as under § 1983.” See Rodriques v.

Jeremy Graber v. Michael Boresky

59 F.4th 603 · Court of Appeals for the Third Circuit · Feb 10, 2023

In cases implicating qualified immunity, similarly, whether “a particular complaint sufficiently alleges a clearly established violation of law cannot be decided in isolation from the facts pleaded.” … And qualified immunity analysis looks to precedent for law enshrining “clearly established” rights. Kisela v. Hughes, 138 S. Ct. 1148, 1152 (2018) (per curiam).

Newsome v. Lee County, Ala.

431 F. Supp. 2d 1189 · District Court, M.D. Alabama · May 15, 2006

The decisions of the Supreme Court, the Eleventh Circuit, and the highest court in the state in which the case arose provide the case law capable of clearly establishing the boundaries of rights in the qualified immunity … Once these elements have been satisfactorily demonstrated, “there is simply no room for a qualified immunity defense” because “the use of force ‘maliciously and sadistically to cause harm’ is clearly established to be a violation

Nicole Klum v. City of Davenport

Court of Appeals for the Eighth Circuit · Jul 31, 2025

Plaintiffs next argue the undisputed evidence establishes the district court erred by granting Officer Roth qualified immunity. … We conclude that any right was not clearly established at the time and therefore Officer Roth is entitled to qualified immunity.

Robert Wilkerson v. Richard Stalder

774 F.3d 845 · Court of Appeals for the Fifth Circuit · Dec 17, 2014

To be “clearly established” for purposes of qualified immunity, “[t]he contours of the right must be sufficiently clear that a reasonable official would understand that what he is doing violates that right.” Anderson v. … Adequacy of Process We hold that Woodfox has a clearly established liberty interest.

Laura Ann Juriss v. Paul McGowan and Russell Stanfield, Jointly and Severally

957 F.2d 345 · Court of Appeals for the Seventh Circuit · Feb 24, 1992

In evaluating this argument, we examine whether the right McGowan allegedly violated was “clearly established in a particularized sense.” Cleveland-Perdue v. … We therefore reject his first argument for qualified immunity.

Spencer v. King County

39 Wash. App. 201 · Court of Appeals of Washington · Dec 17, 1984

State officials are afforded a qualified immunity from liability under section 1983 insofar as their conduct does not violate clearly established federal statutory or constitutional rights of which a reasonable person would … At a minimum, the constitutional rights asserted by Spencer were not "clearly established" at the time of the challenged conduct.

Joseph McNeil John Blankenship, Kevin O'DOnnell and United States of America

187 F.3d 263 · Court of Appeals for the Second Circuit · Jul 20, 1999

In denying that motion, the district court noted that to establish immunity from suit, the FAA officials must demonstrate that the right that plaintiff claims was violated was not “clearly established” at the time of the … Neither did it examine whether any such rights were clearly established at the time of the investigation.