Case law

Norman Knight v. Mark J. Mills, Etc.

836 F.2d 659 · Court of Appeals for the First Circuit · Dec 29, 1987

Before the district court, Mills argued that he was immune from damages due to qualified immunity. … it may be that the particular action is a violation) violates a clearly established right.

Clark v. Evans

840 F.2d 876 · Court of Appeals for the Eleventh Circuit · Mar 25, 1988

Since the law on this point was not clearly established at the time Sharp was shot, defendants Coleman and New-some can properly claim a defense of qualified immunity as against the disabling force theory of liability. … Since there is no clearly-established law regarding whether an insane person can be shot during an escape attempt, defendants can appropriately raise a qualified immunity defense. *883 As for the theory that Sharp’s aetion

Barbara Bays v. Montmorency Cty., Mich.

874 F.3d 264 · Court of Appeals for the Sixth Circuit · Oct 20, 2017

Because a triable issue of fact remains over whether Sigler violated Shane’s clearly established Fourteenth Amendment right to sufficient treatment for a serious medical problem, we affirm the district court’s qualified- … In a qualified-immunity case, we ask two questions: Did the officer violate the injured party’s constitutional rights? If so, was the right clearly established at the time? Pearson v. Callahan, 555 U.S. 223, 232 (2009).

Brandy Kane v. Shawn Barger

902 F.3d 185 · Court of Appeals for the Third Circuit · Aug 22, 2018

The District Court granted summary judgment in favor of Barger, finding that—even if Barger’s conduct was unlawful—he was still immune from suit under the exacting “clearly established” prong of our qualified immunity analysis … As such, the right was clearly established for purposes of qualified immunity. III.

Beverly Spencer v. Sheriff Jonathan Benison

5 F.4th 1222 · Court of Appeals for the Eleventh Circuit · Jul 16, 2021

It found that Benison was not entitled to qualified immunity on Spencer’s individual capacity claims because he “failed to establish that he was acting within the scope of his discretionary authority” when he ordered Spencer … 18-14397 Date Filed: 07/16/2021 Page: 10 of 21 “The doctrine of qualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established

Redd v. City of Enterprise

140 F.3d 1378 · Court of Appeals for the Eleventh Circuit · May 13, 1998

A public official is entitled to qualified immunity from a section 1983 damages action if his actions did not violate clearly established law. See Thornton 3 No appeal is taken from this holding. v. … It is clearly established that an arrest made without probable cause violates the Fourth Amendment. See Von Stein v. Brescher, 904 F.2d 572, 579 (11th Cir.1990).

Walker v. White

Court of Appeals for the Tenth Circuit · Oct 27, 2015

The district court dismissed on the ground that the State Defendants were entitled to qualified immunity. See Pearson v. … Callahan, 555 U.S. 223, 231 (2009) (“The doctrine of qualified immunity protects government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional

Zaher Zahrey v. Martin E. Coffey

221 F.3d 342 · Court of Appeals for the Second Circuit · Jul 20, 2000

not clearly established in 1996. … Anderson instructs, however, that for a right to be clearly established for purposes of a qualified immunity defense, the precise conduct at issue need not previously have been ruled unlawful.

Carlos D. Goad and Robert J. Wuchich v. Betty Mitchell, Jacqui Visintine, and M.A. Gilbert

297 F.3d 497 · Court of Appeals for the Sixth Circuit · Jul 25, 2002

Qualified Immunity and Heightened Pleading Requirements In civil suits for money damages, government officials are entitled to qualified immunity for discretionary acts that do “not violate clearly established [federal] statutory … a complaint adequately alleges violation of clearly established law.

Williams v. Secretary Pennsylvania Department of Corrections

848 F.3d 549 · Court of Appeals for the Third Circuit · Feb 9, 2017

If the right was not clearly established, our inquiry ends and Defendants are entitled to qualified immunity. … Was the Right Clearly Established?

Bingham v. City of Manhattan Beach

329 F.3d 723 · Court of Appeals for the Ninth Circuit · May 19, 2003

He posits a novel twist to the “clearly established” inquiry, contending that because it is not clearly established that damages may be obtained under § 1983 for an unlawful traffic stop, qualified immunity should apply. … Rather, in determining whether qualified immunity is available, those cases merely inquire whether the right at issue was clearly established in law.

Estate Frank P. Lagano v. Bergen County Prosecutors Offi

769 F.3d 850 · Court of Appeals for the Third Circuit · Oct 15, 2014

Mordaga responded that he is entitled to qualified immunity on the state-created danger claims because the Estate failed to establish either a violation of a constitutional right, or that the constitutional right was clearly … The District Court focused on the second prong of the qualified immunity analysis, holding that the constitutional right claimed to have been violated was not clearly established at the time of Lagano’s murder.

J. Gilliam v. Kenneth Sealey

932 F.3d 216 · Court of Appeals for the Fourth Circuit · Jul 30, 2019

Because Appellees have alleged facts sufficient to show that the officers violated their clearly established Fourth Amendment and due process rights, we affirm the district court's denial of qualified immunity. I. A. … Qualified immunity protects government officials from liability for violations of constitutional rights so long as they could reasonably believe that their conduct did not violate clearly established law. Harlow v.

Calabretta v. Floyd

189 F.3d 808 · Court of Appeals for the Ninth Circuit · Aug 26, 1999

They claim qualified immunity on the ground that there is no clearly established principle to the contrary. The principle they urged is too broad. … It is not clear that a conflict among other circuits would create qualified immunity where clearly established law in this circuit would preclude it, 19 but even if it could, these cases would not establish such an open question

Francisco Cheveras Pacheco v. Juan M. Rivera Gonzalez

809 F.2d 125 · Court of Appeals for the First Circuit · Jan 13, 1987

Defendants moved for summary judgment on the damages claim on the theory that they had not violated clearly established law and that hence they were entitled to qualified immunity. … The qualified immunity question in this case is whether it was clearly established in 1985 that a transitory employee with only a subjective expectation of permanent employment was entitled to the protections of due process

Chapman v. Nichols

989 F.2d 393 · Court of Appeals for the Tenth Circuit · Mar 23, 1993

issue is not unconstitutional and that he is entitled to qualified immunity in any event because the law was not clearly established. 3 Plaintiffs respond that the policy is unconstitutional, that the law was clearly established … Two of the five cases held, as we do here, that the qualified immunity defense must fail in light of clearly established law. See Weber, 804 F.2d at 803-04 ; Jones, 770 F.2d at 742 n. 4.

George v. Morris

736 F.3d 829 · Court of Appeals for the Ninth Circuit · Jul 30, 2013

Concluding that the deputies had not argued for its application, the court did not address the second prong of qualified immunity — the clearly established inquiry. … Our decision on the clearly established issue does not prevent the deputies from appropriately raising the second prong of qualified immunity at 1 a subsequent stage in the litigation, such as in a Rule 50 motion for judgment

Richard Fields v. City of Philadelphia

862 F.3d 353 · Court of Appeals for the Third Circuit · Jul 7, 2017

Katz, the Supreme Court held that courts must determine whether a constitutional right existed before deciding if it had been “clearly established” such that defendants would not be entitled to qualified immunity. 533 U.S … Government actors are entitled to qualified immunity unless they violated a constitutional right “so clearly established *361 that ‘every reasonable official would have understood that what he is doing violates that right

Willie Dixon, Hyon Dixon v. Deputy Sheriff Donald Richer, Deputy Sheriff David Yarbrough

922 F.2d 1456 · Court of Appeals for the Tenth Circuit · May 10, 1991

"Once a defendant raises the defense of qualified immunity `[t]he plaintiff carries the burden of convincing the court that the law was clearly established.'" Powell v. … Under the qualified immunity inquiry, we must next determine whether a reasonable officer could have believed that the conduct in question did not violate clearly established law.

Jones v. City & County of Denver

854 F.2d 1206 · Court of Appeals for the Tenth Circuit · Aug 12, 1988

Qualified immunity is an affirmative defense that shields governmental officials from personal liability unless their actions violate “clearly established statutory or constitutional rights of which a reasonable person would … He relies on Colorado statutory and decisional law to argue that clearly established law requires arrest warrants in all cases.