Case law

Armonia Rigsby v. County of Los Angeles

531 F. App'x 811 · Court of Appeals for the Ninth Circuit · Jun 24, 2013

Assuming arguendo that Plaintiffs’ privacy rights were violated, Defendant social workers are entitled to qualified immunity because the rights that Plaintiffs seek to protect were not clearly established at the time of … United States, 373 F.3d 952, 976 (9th Cir. 2004) (concluding that right was not clearly established because the Ninth Circuit and Supreme Court had never squarely addressed the alleged right).

Bernard Jones v. Rick McNeese

746 F.3d 887 · Court of Appeals for the Eighth Circuit · Mar 26, 2014

was clearly established at the time of the alleged misconduct. … was 'clearly established.'"

Edward Vega v. Floyd H. Miller, James C. Desimone, Howard L. English, Carolyn D. Jones, and G. Peter Cooney

273 F.3d 460 · Court of Appeals for the Second Circuit · Nov 29, 2001

The Defendants first filed a motion to dismiss on November 10, 1997, arguing, among other things, that they were entitled to qualified immunity on the ground that the law concerning Vega’s claims was not clearly established … Qualified Immunity Government officials are “ ‘shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would

Michael McDonald v. Marico Flake

814 F.3d 804 · Court of Appeals for the Sixth Circuit · Feb 29, 2016

Officer Flake argues that he is entitled to qualified immunity. … Qualified immunity shields government officials in the performance of discretionary functions from standing trial for civil liability unless their actions violate clearly established rights. Harlow v.

Clint Small v. James McCrystal

708 F.3d 997 · Court of Appeals for the Eighth Circuit · Feb 19, 2013

This court reviews de novo a denial of summary judgment on grounds of qualified immunity. Nelson, 583 F.3d at 527. … 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 person would have known

Blackwell v. St Charles Parish

275 F. App'x 363 · Court of Appeals for the Fifth Circuit · Apr 24, 2008

Qualified Immunity The defense of qualified immunity shields government officials performing discretionary functions from civil liability “‘insofar as their conduct does not violate clearly established . . . constitutional … Thus, Plaintiffs have failed to establish that Laque’s actions were unreasonable in light of clearly established law and he is entitled to qualified immunity on this claim.

Suhail Al Shimari v. CACI International, Incorporated

Court of Appeals for the Fourth Circuit · Sep 21, 2011

The strategy and tactics employed on the battle- field are clearly not subject to judicial review"). … McKnight, 521 U.S. 399 (1997), the Supreme Court declined to extend qualified immunity to privately employed prison guards in an action under 42 U.S.C. § 1983.

Epps v. Watson

492 F.3d 1240 · Court of Appeals for the Eleventh Circuit · Jul 18, 2007

This is particularly true in cases involving qualified immunity, where we must determine whether a defendant's actions violated a clearly established right.”); Fullman v. … “Unless the plaintiff’s allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery.” Mitchell v.

Schwartz v. Booker

702 F.3d 573 · Court of Appeals for the Tenth Circuit · Dec 19, 2012

II Qualified immunity protects governmental officials “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … Accordingly, whether Booker and Peagler are entitled to qualified immunity depends upon whether the constitutional right was clearly established.

Scott v. Superintendent

Court of Appeals for the Second Circuit · Aug 2, 2010

immunity because the right that Scott asserts was 10 violated was not clearly established at the time of the alleged 11 violation. 12 It is now indeed clearly established that such an 13 administrative … 16 that it was "clearly established" in the qualified immunity 17 context, which governs the conduct of government officials who 18 are likely neither lawyers nor legal scholars.

Amnesty International, USA v. Battle

559 F.3d 1170 · Court of Appeals for the Eleventh Circuit · Feb 23, 2009

’ qualified immunity from suit. … Qualified Immunity “The doctrine 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

Matthew Milstead, Administrator of the Estate of Mark Milstead v. Chad Kibler Scott Proctor Lester Whetzel

243 F.3d 157 · Court of Appeals for the Fourth Circuit · Apr 5, 2001

The legal principles governing qualified immunity analysis are well established. … “Police officers are protected by qualified immunity when performing their duties within the scope of their employment insofar as their conduct does not breach ‘clearly established statutory or constitutional rights of which

Patrick v. Miller

953 F.2d 1240 · Court of Appeals for the Tenth Circuit · Jan 27, 1992

, public officials lose immunity in the face of clearly established law. … established law," thereby giving rise to qualified immunity under Harlow....

Estella Lucero v. Dennis B. Hart, Rugh J. Papp, and Susie Mitchell

915 F.2d 1367 · Court of Appeals for the Ninth Circuit · Oct 3, 1990

Government officials are immune from liability for civil damages under § 1983 unless their conduct violates “clearly established statutory or constitutional rights of which a reasonable person would have known.” … Under Harlow’s “reasonable person” test, no clearly established statutory or constitutional right was violated. Thus, the district court’s grant of summary judgment on the issue of qualified immunity is affirmed. B.

Dufort v. City of New York

874 F.3d 338 · Court of Appeals for the Second Circuit · Oct 27, 2017

Qualified Immunity In the alternative, the Defendants argue that even if Dufort has established the requisite elements of his false arrest and malicious prosecution claims, they are nonetheless entitled to qualified immunity … Qualified immunity establishes a defense for a government actor acting in his official capacity. Malley v. Briggs, 475 U.S. 335, 341 , 106 S.Ct. 1092 , 89 L.Ed.2d 271 (1986).

Yerdon v. Poitras

120 F.4th 1150 · Court of Appeals for the Second Circuit · Nov 5, 2024

And it is well-established that Congress has not validly abrogated the states’ sovereign immunity for claims arising under Title I. See Bd. of Trs. of Univ. of Ala. v. Garrett, 531 U.S. 356, 360 (2001). … Because Congress has clearly expressed its intention to abrogate state sovereign immunity for all claims under the ADA, see 42 U.S.C.

Kim D. Lee v. Luis Ferraro

284 F.3d 1188 · Court of Appeals for the Eleventh Circuit · Mar 5, 2002

Qualified immunity offers “complete protection for government officials sued in their individual capacities as long as ‘their conduct violates no clearly established statutory or constitutional rights of which a reasonable … Talladega City Bd. of Educ., 115 F.3d 821, 826 n.4 (11th Cir. 1997) (“In this circuit, the law can be clearly established for qualified immunity purposes only by decisions of the U.S.

Brown v. Callahan

623 F.3d 249 · Court of Appeals for the Fifth Circuit · Oct 7, 2010

The qualified immunity defense has two prongs: whether an official’s conduct violated a constitutional right of the plaintiff; and whether the right was clearly established at the time of the violation. Manis v. … To be clearly established for purposes of qualified immunity, the contours of the right must be sufficiently clear that a reasonable official would understand that what he is doing violates that right. Brown v.

Javier Vanegas v. City of Pasadena

46 F.4th 1159 · Court of Appeals for the Ninth Circuit · Aug 31, 2022

CITY OF PASADENA qualified immunity analysis—whether the unlawfulness of the officers’ conduct was not “clearly established.” … And even if no probable cause existed under state law, they contend they are still entitled to qualified immunity given there was no violation of clearly established law.

Patricia Polanco v. Ralph Diaz

76 F.4th 918 · Court of Appeals for the Ninth Circuit · Aug 7, 2023

NELSON, dissenting: Because the law is not clearly established, I conclude that the Defendants are entitled to qualified immunity. … Id. at 1121 (granting qualified immunity because it found the law was not clearly established).