Case law

Melvin Alan Wood v. Michael Kesler, individually and in his capacity as an Alabama State Trooper, Brian Jones

323 F.3d 872 · Court of Appeals for the Eleventh Circuit · Mar 4, 2003

General Principles “Qualified immunity offers complete protection for government officials sued in their individual capacities if their conduct ‘does not violate clearly established statutory or constitutional rights … “If no constitutional right would have been violated were the allegations established, there is no necessity for further inquiries concerning qualified immunity.” Saucier, 533 U.S. at 201.

Williams v. City & County of Denver

99 F.3d 1009 · Court of Appeals for the Tenth Circuit · Nov 6, 1996

The employee is entitled to qualified immunity either if the law was not clearly established or if his conduct did not violate the law. … To summarize, we affirm the grant of qualified immunity to defendants individually on the ground that the law was not clearly established.

Michael Smith v. Yates

Court of Appeals for the Ninth Circuit · Jun 13, 2019

See Ashcroft v. al-Kidd, 563 U.S. 731, 735 (2011) (explaining two-part test for qualified immunity); Hines v. … Youseff, 914 F.3d 1218, 1229-30 (9th Cir. 2019) (existing Valley Fever cases did not clearly establish a “right to be free from heightened exposure to Valley Fever spores”).

Emmanuel Mervilus v. Union County

Court of Appeals for the Third Circuit · Jul 13, 2023

Kaminskas Does Not Have Qualified Immunity. After holding Mervilus’s claim against Kaminskas failed, the District Court did not address qualified immunity. … Whetzel, 256 F.3d 120, 126 n.1 (3d Cir. 2001) (reaching qualified immunity on appeal from a decision that did not reach the issue); Est. of Smith v.

Jared Armstrong v. Gerard Asselin

734 F.3d 984 · Court of Appeals for the Ninth Circuit · Nov 1, 2013

Defendants moved for summary judgment based on qualified immunity. … as a whole,” was obscene, and therefore the officers were not entitled to qualified immunity.

Amore v. Novarro

624 F.3d 522 · Court of Appeals for the Second Circuit · Oct 12, 2010

(3) was clearly 8 established at the time that he was arrested." … Kurtzman, 411 U.S. 192, 207-08 (1973) that petitioners are entitled to qualified immunity on the ground that it was not clearly established at the time of the search that their conduct was unconstitutional

Vickey Horton Tapley v. Darrell Collins

211 F.3d 1210 · Court of Appeals for the Eleventh Circuit · May 5, 2000

Under this common-law defense, public officials sued in their individual capacities are entitled to qualified immunity when their actions do not violate “clearly established statutory or constitutional rights.” … established and deny them qualified immunity when they violate statutory rights that similarly are not clearly established.”

Nikos Kidis v. Jean Reid

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.”).

Vojvodich v. Lopez

48 F.3d 879 · Court of Appeals for the Fifth Circuit · Mar 30, 1995

State officials are protected by qualified immunity for alleged constitutional torts if their conduct does not violate clearly established law effective at the time of the alleged tort.24 … The second step in the qualified immunity analysis is determining whether the constitutional rights allegedly violated were clearly established at the time the events occurred.

Jan McRaven v. Lt. McMurrian

Court of Appeals for the Eighth Circuit · Aug 20, 2009

was clearly established at the time of the deprivation.” … The district court denied defendant-appellants qualified immunity. A detainee’s right to medical treatment is clearly established. Estelle, 429 U.S. at 104.

Heather Hinterberger v. Iroquios School District

548 F. App'x 50 · Court of Appeals for the Third Circuit · Dec 5, 2013

“District court opinions may be relevant to the determination of when a right was clearly established for qualified immunity analysis.” Doe v. Delie, 257 F.3d 309, 321 (3d Cir. 2001). … As Hinterberger’s alleged right was not clearly established at the time of her injury, Loftus is entitled to qualified immunity from suit. III.

Robin Kirkland Neal v. Daniel Ficcadenti

895 F.3d 576 · Court of Appeals for the Eighth Circuit · Jul 12, 2018

We have jurisdiction over this interlocutory appeal of a denial of qualified immunity because the issue of a violation of a clearly established constitutional right is a question of law. See Jackson v. … Clearly Established Right We turn now to the question of whether or not the constitutional right that Officer Ficcadenti allegedly violated was clearly established as of June 6, 2012.

Bruce Joiner v. United States

Court of Appeals for the Fifth Circuit · Mar 27, 2020

Pena, 518 U.S. 187, 195 (1996) (noting the “established practice of construing waivers of sovereign immunity narrowly in favor of the sovereign”). … These recitations are insufficient to establish that further discovery will overcome the discretionary function exception and defeat sovereign immunity.

Carla Blake v. Don Lambert

921 F.3d 215 · Court of Appeals for the Fifth Circuit · Apr 5, 2019

The district court denied qualified immunity. … “Once invoked, a plaintiff bears the burden of rebutting qualified immunity by showing two things: (1) that the officials violated a statutory or constitutional right and (2) that the right was ‘clearly established at the

Donnetta Smith v. Stoneburner

716 F.3d 926 · Court of Appeals for the Sixth Circuit · May 10, 2013

In this qualified immunity case, as in all qualified immunity cases, two questions arise: whether the officers violated the Smiths’ constitutional rights, and if so whether those rights were clearly established at the time … Two appellate decisions, it is true, granted qualified immunity to officers on not- clearly-established grounds, but they each involved a fact pattern at least one prominent step removed from this one. In Malachowski v.

Frasier v. Evans

992 F.3d 1003 · Court of Appeals for the Tenth Circuit · Mar 29, 2021

Frasier’s clearly established First Amendment rights—and the district court itself said they did not—then the officers are entitled to qualified immunity. … - established-law component of the qualified-immunity standard.

Cherry Knoll, L.L.C. v. HDR Engineering, Incorpora

922 F.3d 309 · Court of Appeals for the Fifth Circuit · Apr 22, 2019

In response, Jones moved to dismiss on the basis of qualified immunity. … “Qualified immunity shields government officials from liability when they are acting within their discretionary authority and their conduct does not violate clearly established statutory or constitutional law of which a reasonable

Treneshia Dukes v. Nicholas Deaton

852 F.3d 1035 · Court of Appeals for the Eleventh Circuit · Jan 26, 2017

Qualified immunity also protects Branham because his subordinate’s constitutional violation was not clearly established. A. Deaton is Entitled to Qualified Immunity. … Branham is entitled to qualified immunity because Deaton’s conduct was not a clearly established violation of the Fourth Amendment.

Collvins v. Hackford

523 F. App'x 515 · Court of Appeals for the Tenth Circuit · Apr 3, 2013

To defeat a defense of qualified immunity on summary judgment, however, the plaintiff carries the burden of establishing that the defendant violated a constitutional right which was clearly established. … The district court held that because there is no clearly established law indicating that the delay in Mr. Collvins’ hearing was unconstitutional, he was entitled to qualified immunity. Again, we agree.

Ana Sandoval v. County of San Diego

985 F.3d 657 · Court of Appeals for the Ninth Circuit · Jan 13, 2021

Because we reversed the district court’s denial of qualified immunity based on the objective elements of clearly established law, we expressly declined to consider, for qualified immunity purposes, how the subjective elements … As the court explained, “we assess qualified immunity based on the law that was ‘clearly established at the time an action occurred,’” and at the time of the shooting in Kedra, “it was not yet clearly established whether