Case law

Maraziti v. First Interstate Bank

953 F.2d 520 · Court of Appeals for the Ninth Circuit · Jan 3, 1992

II A federal official’s assertion of qualified immunity based upon the plaintiff’s failure to state a “violation of clearly established law” is a question of law. Mitchell v. … It is true that “[s]pecific binding precedent is not required to show that a right is clearly established for qualified immunity purposes.” Brady v.

Foley v. University of Houston System

355 F.3d 333 · Court of Appeals for the Fifth Circuit · Mar 6, 2003

Blake, 913 F.2d 226, 228 (5th Cir. 1990). 6 entitled to qualified immunity when “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … However, the test for qualified immunity is whether the Appellees have asserted the deprivation of a statutory right under clearly established law.

Buehler v. Dear

27 F.4th 969 · Court of Appeals for the Fifth Circuit · Mar 3, 2022

Since “[t]he extent of an injury is an element of an excessive force claim that must be clearly established in . . . the qualified immunity analysis,”57 we disagree with Buehler that these decisions would have put … long after Buehler’s arrest, the case plays a limited role in a qualified-immunity inquiry, which turns on whether the unlawfulness of a defendant’s conduct was clearly established at the time it occurred.

Fadwa Safar v. Lisa Tingle

859 F.3d 241 · Court of Appeals for the Fourth Circuit · Jun 7, 2017

Determining whether qualified immunity applies therefore presents a two-pronged inquiry: “whether the facts ... make out a violation of a constitutional right” and “whether the right at issue was ‘clearly established’ at … Rather, the “clearly established law must be ‘particularized’ to the facts of the case” so as to avoid transforming qualified immunity into “a rule of virtually unqualified liability.” Id.

Willingham v. Crooke

412 F.3d 553 · Court of Appeals for the Fourth Circuit · Jun 23, 2005

This is known as the defense of qualified immunity. 13 Police officers are presumed to know about the clearly established constitutional rights of citizens. In this case, Ms. … immunity from liability for civil damages to the extent that "their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known."

Columbian Financial Corporation v. Stork

811 F.3d 390 · Court of Appeals for the Tenth Circuit · Jan 26, 2016

Thull enjoy qualified immunity on this claim because the alleged conduct would not have violated a clearly established constitutional right. … For qualified immunity, however, the question is whether that constitutional requirement was clearly established.

Joe Carollo v. Luigi Boria

833 F.3d 1322 · Court of Appeals for the Eleventh Circuit · Aug 17, 2016

the alleged violation “clearly established” those rights (the “immunity” prong). … “So conceived, the object of the ‘clearly established’ immunity standard is not different from that of ‘fair warning,’” United States v.

Joseph C. Booker, D/B/A Booker Trucking Company v. City of Atlanta, a Municipal Corporation, F. M. Couvillion

776 F.2d 272 · Court of Appeals for the Eleventh Circuit · Jan 9, 1986

Even if unintended, such an effect could constitute police “intervention and aid” sufficient to establish state action. See Menchaca, 613 F.2d at 513 ; Jeffries v. … If Couvillion’s actions were within the scope of his official duties, he is immune from suit if he acted under a good faith belief that the actions were legal. See Clark v.

Hall v. Sutton

581 F. App'x 580 · Court of Appeals for the Seventh Circuit · Nov 5, 2014

Qualified immunity “protects government officials from suit for damages when their conduct does not violate clearly established statutory or constitutional rights.” Pearson v. … Courts may address the two prongs of qualified immunity in either order. Pearson, 555 U.S. at 236 , 129 S.Ct. 808 .

Fortner v. Thomas

983 F.2d 1024 · Court of Appeals for the Eleventh Circuit · Feb 18, 1993

clearly established law." … It is well established that the doctrine of qualified immunity protects government officials from civil damages liability as long as the officials could reasonably believe that their conduct did not violate clearly established

Gonzalez, Gonzalez, Gonzalez v. Reno, Meissner, Holder, Mills, INS Agent

325 F.3d 1228 · Court of Appeals for the Eleventh Circuit · Mar 25, 2003

The defense of qualified immunity completely protects government officials performing discretionary functions from suit in their individual capacities unless their conduct violates “clearly established statutory or constitutional … It is therefore appropriate for a district court to grant the defense of qualified immunity at the motion to dismiss stage if the complaint “fails to allege the violation of a clearly established constitutional right.”

Drake v. Scott

812 F.2d 395 · Court of Appeals for the Eighth Circuit · Feb 20, 1987

defendant state officials had violated clearly established rights to free speech. … In addition, in the present case the question of qualified immunity itself depends in large part on whether defendants knew or should have known that Drake had a clearly established property interest in the job at the time

Acevedo-Garcia v. Vera-Monroig

204 F.3d 1 · Court of Appeals for the First Circuit · Feb 17, 2000

work conditions and responsibilities was "clearly established." … Fitzgerald, 457 U.S. 800, 818-19 (1982) ("If the law was clearly established, the immunity defense ordinarily should fail . . . .").

Jones v. Clark

630 F.3d 677 · Court of Appeals for the Seventh Circuit · Jan 14, 2011

- eral right at issue was clearly established at the time that the alleged violation occurred. … III As we mentioned, Officers Clark and Kaminski are entitled to immunity if their conduct did not violate clearly established constitutional rights of which a rea- sonable person would have known.

Hambright v. Kemper

705 F. App'x 461 · Court of Appeals for the Seventh Circuit · Dec 8, 2017

immunity because, as of 2013, it was not clearly established that rescheduling the feast eight days after Ramadan’s end violated the First Amendment. … Finally Hambright challenges the magistrate judge’s ruling that Wahlstrom and Nurdeen were entitled to qualified immunity, given that Hambright had no clearly established right to have the feast served within three days of

Buchwald v. University of New Mexico School of Medicine

159 F.3d 487 · Court of Appeals for the Tenth Circuit · Oct 20, 1998

to qualified immunity. … Finally, we REVERSE the district court’s denial of Klepper and Atencio’s motion for summary judgment on the grounds of qualified immunity because we conclude that the law was not clearly established.

England v. Hendricks

880 F.2d 281 · Court of Appeals for the Tenth Circuit · Jul 21, 1989

On the facts before us, then, Hendricks and Groll would be entitled to qualified immunity if it was not clearly established under Utah law at the time of their actions that a store owner could not be charged under the aiding … Since the decision to charge did not violate clearly established law at the time of the officers’ actions, they are immune from suit.

Uche Mordi v. Todd Zeigler

770 F.3d 1161 · Court of Appeals for the Seventh Circuit · Oct 29, 2014

doctrine of qualified immunity protects government officials from liability for civil damages insofar as their conduct does not vio- late clearly established statutory or constitu- tional rights … There is no clearly established law that the three Offic- ers before us violated, and thus they are entitled to qualified immunity from suit.

Robin Thompson v. James"Clint" Murray

800 F.3d 979 · Court of Appeals for the Eighth Circuit · Sep 2, 2015

clearly established. … -6-  Murray is entitled to qualified immunity unless the above-described facts demonstrate that he violated a clearly established constitutional or statutory right of

Lybrook v. Members of the Farmington Municipal Schools Board of Education

232 F.3d 1334 · Court of Appeals for the Tenth Circuit · Nov 27, 2000

When qualified immunity is raised in a Fed. R. Civ. P. 12(b)(6) motion, the plaintiff must carry the burden of establishing that the defendant violated clearly established law. Breidenbach v. … We held that Schuler’s free speech right under the First Amendment was sufficiently established that qualified immunity was not available.