Case law

Michael Lacey v. Joseph Arpaio

Court of Appeals for the Ninth Circuit · Aug 29, 2012

Second, we must ask “whether the right was clearly estab- lished.” Id. A right is clearly established if “it would be clear to a reasonable officer that his conduct was unlawful in the situation he confronted.” … Only when an officer’s conduct violates a clearly established constitu- tional right—when the officer should have known he was vio- lating the Constitution—does he forfeit qualified immunity.

Karen Burns v. David Loranger

907 F.2d 233 · Court of Appeals for the First Circuit · Jun 29, 1990

Thus, appellate assessment of a qualified immunity claim is apportioned into two analytic components. … Clearly Established Law At the time of the constitutional violation asserted in the present case, clearly established fourth amendment law entitled Burns to be free from any unreasonable search of her person.

Admiral Insurance v. United States District Court for the District of Arizona

881 F.2d 1486 · Court of Appeals for the Ninth Circuit · Aug 9, 1989

Based upon established principles underlying the nature and purpose of the attorney-client privilege, we hold that the district court’s ruling is clearly incorrect and results in an unwarranted extension of the law. … The work-product rule is not a privilege but a qualified immunity protecting from discovery documents and tangible things prepared by a party or his representative in anticipation of litigation. Fed. R.Civ.P. 26(b)(3).

Nikos Kidis v. Jean Reid

976 F.3d 708 · Court of Appeals for the Sixth Circuit · Sep 25, 2020

Fitzgerald, 457 U.S. 800, 818 (1982) (holding that government officials are generally entitled to immunity from civil damages as long as they did not “violate clearly established statutory or constitutional rights”); see … ] from raising the qualified immunity defense on appeal from a final judgment.”).

Donovan v. Bel-Loc Diner

780 F.2d 1113 · Court of Appeals for the Fourth Circuit · Dec 18, 1985

The evidence as a whole clearly suffices to establish the existence of a pattern or practice, at least as a "just and reasonable inference." … While, again, there was some evidence tending to show that some employees may not have been victims of the general pattern that was established prima facie, it clearly did not constitute the sort of evidence of precise work

Hall v. Tollett

128 F.3d 418 · Court of Appeals for the Sixth Circuit · Oct 22, 1997

Under the doctrine of qualified immunity, “government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory … Whether the government official “is protected by qualified immunity turns on ‘the objective legal reasonableness’ of the action, assessed in the light of the legal rules that were ‘clearly established’ at the time the action

Livermore v. Lubelan

Court of Appeals for the Sixth Circuit · Feb 7, 2007

alleged by the plaintiff constitute a violation of clearly established law.”). … To defeat qualified immunity, the plaintiff must show that the defendant had notice that the manner in which the force was used had been previously proscribed: [T]here is no doubt that [precedent] clearly establishes

David Partington v. American International Specialty Lines Insurance Company

443 F.3d 334 · Court of Appeals for the Fourth Circuit · Mar 30, 2006

Id. 18 Applying this "bright line" to the present case, we conclude that Congress did not clearly indicate that the failure of a plaintiff to qualify as a "person purchasing" was a jurisdictional limitation. … Arbaugh, 126 S.Ct. at 1245 n. 11 (citing statutes in which Congress clearly did limit jurisdiction on the basis of certain factors).

ESTATE OF

430 F.3d 140 · Court of Appeals for the Third Circuit · Nov 30, 2005

Therefore, it is appropriate for us to rely on that decision in our analysis of whether the officers are entitled to qualified immunity, as the contours of the right at issue here — as set forth in Sharrar — were "clearly … More specifically, the second question requires us to ask whether the right the defendant stands accused of violating was "clearly established" at the time of the incident in question.

Latarsha Kelly v. Anthony Gaton

Court of Appeals for the D.C. Circuit · Jan 27, 2023

did not violate clearly established law. … On the facts of this case, Officer Gaton is entitled to qualified immunity because he did not violate clearly established law.

Daniel G. Buonocore v. Donald L. Harris, Special Agent, Bureau of Alcohol, Tobacco and Firearms, and David R. Cundiff, Deputy Sheriff, Franklin County Sheriff's Department Chesapeake and Potomac Telephone Company of Virginia James D. Thompson, Assistant Manager, Chesapeake and Potomac Telephone Company of Virginia Linda Sue Taylor United States of America, Daniel G. Buonocore v. David R. Cundiff, Deputy Sheriff, Franklin County Sheriff's Department, and Donald L. Harris, Special Agent, Bureau of Alcohol, Tobacco and Firearms Chesapeake and Potomac Telephone Company of Virginia James D. Thompson, Assistant Manager, Chesapeake and Potomac Telephone Company of Virginia Linda Sue Taylor United States of America

65 F.3d 347 · Court of Appeals for the Fourth Circuit · Sep 12, 1995

established' for qualified immunity purposes." … They do broadly assert that they are entitled to qualified immunity because the right "allegedly violated" was not "clearly established." Appellants' Brief at 20 (emphasis added).

Willie H. Bozeman v. Silas Orum, III

422 F.3d 1265 · Court of Appeals for the Eleventh Circuit · Aug 31, 2005

Qualified Immunity. This Court decided in Johnson v. Breeden, 280 F.3d 1308, 1321-22 (11th Cir.2002), that, where this kind of excessive force violation is established, “there is no room for qualified immunity.” II. … Qualified Immunity.

William Torres v. Thomas Read

593 F. App'x 742 · Court of Appeals for the Ninth Circuit · Feb 25, 2015

We review de novo a district court’s order denying summary judgment on the ground of qualified immunity. Rodis v. City & Cnty. of S.F., 558 F.3d 964, 968 (9th Cir. 2009). … The two-pronged qualified immunity inquiry asks (1) whether “the officer’s conduct violated a constitutional right” and (2) whether “the right was clearly established” at the time of the alleged misconduct. Alston v.

Rebecca S. Doby Herbert K. Doby, in No. 98-1124 v. James Decrescenzo Bucks County Department of Mental Health and Mental Retardation Phillip M. Fenster, County Administrator, Bucks County Department of Mental Health and Mental Retardation, in His Official Capacity Amy Bryant, Individually and in Her Official Capacity as Delegate for the County Administrator of the Bucks County Department of Mental Health/mental Retardation Lenape Valley Foundation Debbie Neidhardt, Individually and in Her Official Capacity as Delegate for the County Administrator of the Bucks County Department of Mental Health and Mental Retardation Township of Warrington Warrington Township Police Department John Bonargo, Chief of Police, Warrington Township Police Department, in His Official Capacity John Doe, Police Officer 1, Officer Who, With Police Officer 2, Asked Mrs. Doby to Step Outside Apartment at Approximately 7:00 P.M. And Took Mrs. Doby in Handcuffs and Shackles to the Hospital, Individually and in His Official Capacity as Police Officer of Warrington Township John Doe, Police Officer 2, Officer Who, With Police Officer 1, Asked Mrs. Doby to Step Outside Apartment at Approximately 7:00 P.M. And Took Mrs. Doby in Handcuffs and Shackles to the Hospital, Individually and in His Official Capacity as Police Officer of Warrington Township John Doe, Police Officer 3, Officer Who Came to the Dobys' Apartment at Approximately 7:00 P.M. On December 30, 1993, and Remained at Their Apartment After Mrs. Doby Was Taken to the Hospital, Individually and in His Official Capacity as Police Officer of Warrington Township Lenape Valley Foundation John C. Richards, M.D. Doylestown Hospital Joseph Knox, Sergeant, of the Warrington Township Police Department, in His Official and Individual Capacity Michael Neipp, Officer, of the Warrington Township Police Department, in His Official and Individual Capacity Kenneth Hawthorn, Officer, of the Warrington Township Police Department, in His Official and Individual Capacity Rebecca S. Doby Herbert K. Doby, in No. 98-1224 v. James Decrescenzo Bucks County Department of Mental Health and Mental Retardation Phillip M. Fenster, County Administrator, Bucks County Department of Mental Health and Mental Retardation, in His Official Capacity Amy Bryant, Individually and in Her Official Capacity as Delegate for the County Administrator of the Bucks County Department of Mental Health/mental Retardation Lenape Valley Foundation Debbie Neidhardt, Individually and in Her Official Capacity as Delegate for the County Administrator of the Bucks County Department of Mental Health and Mental Retardation Township of Warrington Warrington Township Police Department John Bonargo, Chief of Police, Warrington Township Police Department, in His Official Capacity John Doe, Police Officer 1, Officer Who, With Police Officer 2, Asked Mrs. Doby to Step Outside Apartment at Approximately 7:00 P.M. And Took Mrs. Doby in Handcuffs and Shackles to the Hospital, Individually and in His Official Capacity as Police Officer of Warrington Township John Doe, Police Officer 2, Officer Who, With Police Officer 1, Asked Mrs. Doby to Step Outside Apartment at Approximately 7:00 P.M. And Took Mrs. Doby in Handcuffs and Shackles to the Hospital, Individually and in His Official Capacity as Police Officer of Warrington Township John Doe, Police Officer 3, 2 Officer Who Came to the Dobys' Apartment at Approximately 7:00 P.M. On December 30, 1993, and Remained at Their Apartment After Mrs. Doby Was Taken to the Hospital, Individually and in His Official Capacity as Police Officer of Warrington Township Lenape Valley Foundation John C. Richards, M.D. Doylestown Hospital Joseph Knox, Sergeant, of the Warrington Township Police Department, in His Official and Individual Capacity Michael Neipp, Officer, of the Warrington Township Police Department, in His Official and Individual Capacity Kenneth Hawthorn, Officer, of the Warrington Township Police Department, in His Official and Individual Capacity

171 F.3d 858 · Court of Appeals for the Third Circuit · Mar 22, 1999

with Judge Fullam's conclusion that DeCrescenzo qualifies for immunity under section 7114. … Thus, the implicit question addressed in that case was what kind of medical personnel would qualify for immunity.

Montaz Lee Kennedy v. India Smith

Court of Appeals for the Sixth Circuit · Apr 20, 2026

If the defendant properly raises qualified immunity, the burden shifts to the plaintiff to satisfy the two-prong test by showing “that (1) the defendant violated a constitutional right and (2) that right was clearly established … Perhaps it wasn’t clearly established that the plaintiff’s speech was protected, or maybe it wasn’t clearly established that the defendant’s conduct amounted to an adverse action.

Wayne Ford v. John McGinnis Superintendent, Patrick McGann Deputy Superintendent of Administration, Gordon Lord, Assistant Deputy Superintendent

352 F.3d 582 · Court of Appeals for the Second Circuit · Dec 15, 2003

We agree with the district court’s discussion of qualified immunity insofar as it found that the constitutional right at issue is clearly established. Ford, 230 F.Supp.2d at 348 . … claimed right is clearly established. 17 .

Tate Smith v. Odessa Junior College District, et a

507 F. App'x 359 · Court of Appeals for the Fifth Circuit · Jan 10, 2013

As stated, for our analysis of the second prong of the qualified-immunity test, the objective reasonableness of Davis’ actions must be viewed in the light of then clearly-established law. … Needless to say, the law was not clearly established.

Patric Patterson v. Kennie Bolden

902 F.3d 845 · Court of Appeals for the Eighth Circuit · Sep 5, 2018

Qualified immunity shields state officials from both civil liability and the burdens of litigation unless their conduct violates a clearly established right of which a reasonable person would have known. Young v. … The district court did not err in granting the defendants qualified immunity. IV.

Hong v. Grant

403 F. App'x 236 · Court of Appeals for the Ninth Circuit · Nov 12, 2010

Hong has sued in their individual capacities are entitled to qualified immunity. … It is far from clearly established today, much less in 2004 when the university officers voted on Hong’s merits increase, that university professors have a First Amendment right to comment on faculty administrative matters

William J. Elliott v. William Thomas, Barbara Propst v. Morton W. Weir

937 F.2d 338 · Court of Appeals for the Seventh Circuit · Sep 4, 1991

Qualified immunity, we know from Mitchell , establishes a right not to be tried. When rules of law clearly establish public officials’ duty, the immunity defense is unavailable. … By sleight of hand you can turn any defense on the merits into a defense of qualified immunity.