Case law

Christensen v. Park City Municipal Corp.

554 F.3d 1271 · Court of Appeals for the Tenth Circuit · Feb 6, 2009

Christensen] was not ‘clearly established’ in January 2004 [the date of the incident],” id. at 8, thus entitling the individual defendants to qualified immunity. … Until very recently, in a case of qualified immunity, district and appellate courts were required to resolve the issue of law before proceeding to whether it was clearly established. Saucier v.

Vives v. City of New York

405 F.3d 115 · Court of Appeals for the Second Circuit · Dec 21, 2004

On the basis of the foregoing, we hold that defendants did not have fair notice of section 240.30(l)’s purported unconstitutionality and that the District Court erred in denying Detectives Li and Lu qualified immunity on … CONCLUSION The portion of the District Court’s judgment denying defendants qualified immunity is reversed, and the cause is remanded to the District Court with instructions to enter summary judgment in favor of defendants

McClellan v. Smith

439 F.3d 137 · Court of Appeals for the Second Circuit · Feb 24, 2006

In rejecting the claim that it misapplied the facts to the issue of qualified immunity, the District Court considered the following facts established: [McClellan] admitted that [Smith] identified himself as a police officer … Qualified Immunity The doctrine of qualified immunity offers protection for “government officials performing discretionary functions ... from liability for civil damages insofar as their conduct does not violate clearly established

Dennis Grimes v. James Tilton

384 F. App'x 603 · Court of Appeals for the Ninth Circuit · Jun 17, 2010

Defendant prison officials appeal from the district court’s order denying them qualified immunity in California state prisoner Dennis Grimes’s 42 U.S.C. § 1983 action. … were clearly established in late 2005 and 2006 when defendants denied his requests for a vegetarian diet based on his religious beliefs.

Donna Singer v. State of Maine, John Lafaver

49 F.3d 837 · Court of Appeals for the First Circuit · Apr 13, 1995

Qualified immunity shields public officials performing discretionary functions “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a … In applying these principles to a recent qualified immunity determination, the Supreme Court stated: “A necessary concomitant to the determination of whether the constitutional right asserted by a plaintiff is ‘clearly established

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).

Richard Marx, Individually and Kristina Marx, a Minor v. Glenn H. Gumbinner, Bruce H. Colton and Pamela J. Roebuck

855 F.2d 783 · Court of Appeals for the Eleventh Circuit · Sep 20, 1988

Thus, a government official who is potentially entitled to absolute immunity may seek to establish his immunity in the following manner. … prosecutors engage are, at most, accorded only qualified immunity.

Lane v. Sarpy County

165 F.3d 623 · Court of Appeals for the Eighth Circuit · Jan 13, 1999

For reversal, Lane argues that the district court erred in holding that qualified immunity protects defendants from § 1983 liability for errors made in the preparation and execution of an arrest warrant intended for another … Because plaintiff cannot establish a constitutional violation, defendants are entitled to summary judgment based on qualified immunity. 6 In sum, we conclude upon careful review that the district court's analysis of this

Halley v. Huckaby

902 F.3d 1136 · Court of Appeals for the Tenth Circuit · Aug 27, 2018

But the good-faith exception is subsumed by the clearly-established prong of qualified immunity, which we discuss below. See Groh v. … Clearly Established Law We now turn to the second part of our qualified immunity analysis.

Martinez v. Carr

479 F.3d 1292 · Court of Appeals for the Tenth Circuit · Mar 27, 2007

The district court further found this seizure to be unlawful and ruled that Officer Carr w as not entitled to qualified immunity from suit because his conduct violated a “clearly established” constitutional right under … In order for the law to be considered clearly established at the second step of the Saucier analysis, we have explained that “‘there must be a Supreme Court or Tenth Circuit decision on point, or the clearly established

Estate of Jeffrey Ford v. Ramirez-Palmer

301 F.3d 1043 · Court of Appeals for the Ninth Circuit · Aug 23, 2002

Each moved for summary judgment on qualified immunity. … was clearly established.

Palmer v. Sanderson

9 F.3d 1433 · Court of Appeals for the Ninth Circuit · Nov 23, 1993

Qualified Immunity 11 Law enforcement officials sued under § 1983 are entitled to qualified immunity if (1) the "right" they allegedly violated was not "clearly established" at the time of the violation, or (2) if a reasonable … Sanderson and Morrisette argue that the district court erred in denying their motion for summary judgment based on qualified immunity because (1) the Fourth Amendment's protection against excessive force was not clearly established

Patrick Booker v. South Carolina Department of Corrections

855 F.3d 533 · Court of Appeals for the Fourth Circuit · Apr 28, 2017

Qualified immunity protects officials “who commit constitutional violations *538 but who, in light of clearly established law, could reasonably believe that their actions were lawful.” Id. … established law for purposes of adjudging entitlement to qualified immunity.”

Burns v. County of Cambria

971 F.2d 1015 · Court of Appeals for the Third Circuit · Jul 28, 1992

Finally, in considering the qualified immunity defense of the two Roberts defendants, the court held that they were not entitled to qualified immunity as a matter of law. Id. II. Appellate Jurisdiction A. … Clearly Established Standard Roberts argues, however, that it was not clearly established at the time of these dismissals that deputy sheriffs, as distinguished from other public officials, were indeed protected under the

Lewis v. Harrison School District No. 1

805 F.2d 310 · Court of Appeals for the Eighth Circuit · Nov 13, 1986

Qualified Immunity The district court found that the individual board members and school officials could not be held liable under Harlow v. … Under Harlow and Mitchell the test for invoking qualified immunity is whether a defendant governmental official’s conduct violated “clearly established constitutional or statutory rights of which a reasonable person would

Yu Kikumura v. C.A. Turner

28 F.3d 592 · Court of Appeals for the Seventh Circuit · Jun 27, 1994

The district court granted summary judgment in Turner’s favor, finding that Turner was entitled to qualified immunity, and that the challenged actions did not violate Kikumura’s “clearly established constitutional rights. … As our discussion of Kikumura’s claim for declaratory and injunctive relief (pages 597-99, below) demonstrates, this is a close question, and the point of qualified immunity and its “clearly established” requirement is that

Lowrance v. Achtyl

20 F.3d 529 · Court of Appeals for the Second Circuit · Mar 29, 1994

immunity. … That burden having been met, the burden then shifted to the defendants to establish that Aehtyl would have issued the report in the absence of the improper reason.

Quintana v. Santa Fe County Board of Comm.

973 F.3d 1022 · Court of Appeals for the Tenth Circuit · Aug 28, 2020

Qualified Immunity Our qualified-immunity inquiry requires a plaintiff to allege that: (1) the defendant violated a constitutional right and (2) the constitutional right was clearly established at the time of the … When qualified immunity is asserted, the plaintiffs must show that the defendants violated a constitutional or statutory right that was clearly established. Estate of Booker v.

Moore v. Vega

371 F.3d 110 · Court of Appeals for the Second Circuit · Jun 10, 2004

entitlement to qualified immunity. … : qualified immunity protects that officer unless' his performance was in violation of clearly established law, or was plainly incompetent.

Abby Martin v. Chancellor for The Board of Regents of The University System Georgia

Court of Appeals for the Eleventh Circuit · Jun 22, 2023

Cannon, 174 F.3d 1271, 1288 n.11 (1999) (“This Circuit has held that dicta cannot clearly establish the law for qualified immunity purposes.”); Hamilton v. … For a broad, clearly established principle to prevent qualified immunity from applying, “the principle must be established with ‘obvious clarity’ by the case law so that ‘every objectively reasonable