Case law

Tooly v. Schwaller

919 F.3d 165 · Court of Appeals for the Second Circuit · Mar 20, 2019

The Lack of Clearly Established Law For qualified immunity to apply, it is sufficient that no clearly established law has held that "an officer acting under similar circumstances" violated an employee's due process rights … And we conclude that, since Schwaller has not violated Tooly's clearly established rights, he is entitled to qualified immunity.

Gary L. Higgason, M.D. v. Robert F. Stephens

288 F.3d 868 · Court of Appeals for the Sixth Circuit · May 1, 2002

Qualified immunity grants government officials engaged in discretionary activities immunity from individual liability for civil damages unless their conduct violates “clearly established statutory or constitutional rights … ” in nature, then the prosecutor would only be entitled to qualified immunity.

Cheryl Ann Piechowicz, Individually and as Personal Representative of the Estate of David Scott Piechowicz Sherrie Marie Waldrup, a Minor by Cheryl Ann Piechowicz, Her Mother and Next Friend Melva Kennedy, "To the Use of Walter Piechowicz" "To the Use of Florence Piechowicz" "To the Use of Reliance Insurance Company" John I. Kennedy, Jr., Individually and as Personal Representative of the Estate of Susan C. Kennedy v. United States of America James Savage, Individually and as Assistant United States Attorney for the District of Maryland John Ryan, Individually and as an Agent of the Drug Enforcement Administration of the United States, Cheryl Ann Piechowicz, Individually and as Personal Representative of the Estate of David Scott Piechowicz Sherrie Marie Waldrup, a Minor by Cheryl Ann Piechowicz, Her Mother and Next Friend John I. Kennedy, Jr., Individually and as Personal Representative of the Estate of Susan C. Kennedy Melva Kennedy, "To the Use of Walter Piechowicz" "To the Use of Florence Piechowicz" "To the Use of Reliance Insurance Company" v. United States of America James Savage, Individually and as Assistant United States Attorney for the District of Maryland John Ryan, Individually and as an Agent of the Drug Enforcement Administration of the United States

885 F.2d 1207 · Court of Appeals for the Fourth Circuit · Sep 20, 1989

it did not "violate clearly established statutory or constitutional rights of which a reasonable person would have known." … Forsyth, 472 U.S. 511 , 105 S.Ct. 2806 , 86 L.Ed.2d 411 (1985) (allocating to the plaintiff the burden to "state a claim of violation of clearly established law" to avoid dismissal based on qualified immunity).

Butler v. Elle

281 F.3d 1014 · Court of Appeals for the Ninth Circuit · Feb 26, 2002

Such immunity is an affirmative defense that bars civil liability damages insofar as the official’s conduct “does not violate clearly established statutory or constitutional rights of which a reasonable person would have … In contrast to qualified immunity, absolute immunity does not require the official to have acted reasonably or in accordance with clearly established law.

Foust v. McNeill

310 F.3d 849 · Court of Appeals for the Fifth Circuit · Nov 12, 2002

Thigpen even tional right was not “clearly established” in had judicial authorization to seize certain 1998. … For a right to be “clearly established” in “fixtures” in the building, and he might have the context of qualified immunity, concluded the only reasonable way to do so

Martin v. Fuller-Brisbon

Court of Appeals for the Ninth Circuit · Jul 1, 2025

’ actions contravened clearly established law at the time of the incident. … established).

Singer v. Fulton County Sheriff

63 F.3d 110 · Court of Appeals for the Second Circuit · Aug 9, 1995

immunity. … See Mozzochi, 959 F.2d at 1179-80 (probable cause); Magnotti, 918 F.2d at 368 (qualified immunity). As noted above, there was probable cause to arrest and charge Singer with petit larceny.

Hannon v. Turnage

892 F.2d 653 · Court of Appeals for the Seventh Circuit · Jan 4, 1990

Hannon to defeat the defendants’ claim of qualified immunity, he must show that he had a clearly established property interest in continued employment with the VA. See Board of Regents v. … Hannon’s clearly established rights. Thus, the defendants are entitled to qualified immunity from Dr. Hannon’s claim that they deprived him of property without due process of law. C. Liberty Interest Dr.

J. Pearl Bussey-Morice v. Ivette Gomez

587 F. App'x 621 · Court of Appeals for the Eleventh Circuit · Oct 1, 2014

Toward that end, qualified immunity protects government officials engaged in discretionary functions and sued in their individual capacities unless they violate “clearly established federal statutory or constitutional rights … Faced with these facts, we affirmed summary judgment in favor of the officers on qualified-immunity grounds because we concluded that the law was not clearly established that the officer’s conduct violated a constitutional

Melinda C. Frank v. Howard R. Relin, Individually and in His Official Capacity as the Monroe County District Attorney

1 F.3d 1317 · Court of Appeals for the Second Circuit · Jul 28, 1993

It stated that the qualified immunity inquiry in this case is whether, in light of the clearly established law in 1985 and the circumstances that confronted Relin when he fired plaintiff, a reasonable district attorney could … In a § 1983 action, qualified immunity shields a defendant official sued in his indi *1328 vidual capacity “from liability for civil damages insofar as [his] conduct does not violate clearly established statutory or constitutional

Jensen v. Conrad

747 F.2d 185 · Court of Appeals for the Fourth Circuit · Oct 5, 1984

But if the underlying substantive right has not yet been clearly established, good faith immunity may be invoked regardless of the language of the statute. … The Court reasoned that if the law was not clearly established, immunity should be applied at the pretrial stage so as to minimize disruption of government activities.

Duluth-Superior ILA Marine Ass'n Restated Pension Plan v. Seaway Port Authority

501 U.S. 1218 · Supreme Court of the United States · Jun 17, 1991

Flanagan v. Munger

890 F.2d 1557 · Court of Appeals for the Tenth Circuit · Dec 8, 1989

The qualified immunity standard articulated above focuses on the objective legal reasonableness of an official's conduct measured against clearly established law at the time he acted. Id. … Qualified immunity insulates Chief Munger from liability with respect to this claim because, when he acted, the law regarding the regulation of police officers' off-duty speech in this context was not clearly established.

Rita Cavallaro v. Crittenden County

44 F. App'x 70 · Court of Appeals for the Eighth Circuit · Aug 30, 2002

The District Court denied Sheriff Richard Busby's motion for summary judgment based on qualified immunity. Busby appeals. We reverse. … Forsyth, 472 U.S. 511, 526 (1985) ("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

Paine v. Cason

678 F.3d 500 · Court of Appeals for the Seventh Circuit · May 17, 2012

Maria Morales v. Sonya Fry

Court of Appeals for the Ninth Circuit · Oct 16, 2017

OPINION McKEOWN, Circuit Judge: The primary issue in this appeal is whether the “clearly established” prong of the qualified immunity analysis should be submitted to a jury. … That “legal question” as to “qualified immunity” was precisely what was the “clearly established” law which any reasonable officer would know.

Christopher Jones v. Dwight Neven

678 F. App'x 490 · Court of Appeals for the Ninth Circuit · Feb 1, 2017

To defeat a claim of qualified immunity, a plaintiff must establish a violation of a clearly established constitutional right. See Hamby v. Hammond, 821 F.3d 1085, 1090 (9th Cir. 2016). 1. … Nor were Defendants entitled to qualified immunity on this claim.

Pritchard v. County of Erie

546 F.3d 222 · Court of Appeals for the Second Circuit · Oct 14, 2008

Defendants also claim qualified immunity from suit based on “an objectively reasonable belief that their actions were lawful and not in violation of any of [Plaintiffs-Respondents’j clearly established constitutional rights … “Qualified immunity protects officials from liability for civil damages as long as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”

Lamar Wright v. City of Euclid

962 F.3d 852 · Court of Appeals for the Sixth Circuit · Jun 18, 2020

We analyze whether an officer is entitled to qualified immunity using two steps: (1) whether the defendant violated a constitutional right; and (2) whether that constitutional right was clearly established at the time of … For this prong of the qualified immunity analysis, we are “not to define clearly established law at a high level of generality.” Ashcroft v. al-Kidd, 563 U.S. 731, 742 (2011).

Project Veritas Action Fund v. Rollins

982 F.3d 813 · Court of Appeals for the First Circuit · Dec 15, 2020

And, while some courts of appeals have held that this right to record is not clearly established in some contexts for purposes of qualified immunity, see, e.g., Kelly v. … That such recording qualifies as a species of protected newsgathering does not mean that Section 99's criminal bar against it necessarily violates the First Amendment.