Case law

Haley Olson v. County of Grant

127 F.4th 1193 · Court of Appeals for the Ninth Circuit · Feb 10, 2025

immunity because any constitutional violation was not clearly established. … Though Carpenter violated Olson’s Fourth Amendment rights, the law was not clearly established at the time, thus entitling Carpenter to qualified immunity. A.

Alan D. Whatley v. Robert E. Philo

817 F.2d 19 · Court of Appeals for the Fifth Circuit · May 18, 1987

GEE, Circuit Judge: This § 1988 case presents the question whether the plaintiff has vitiated the defendants’ qualified immunity defense. … The defendants asserted their qualified immunity defense. The district court dismissed on summary judgment, 1 on the basis that Whatley had failed to overcome the immunity defense.

Geraldine Livermore, Personal Representative for the Estate of Roland E. Rohm, Deceased v. Daniel Lubelan and Jerry Ellsworth

476 F.3d 397 · Court of Appeals for the Sixth Circuit · Feb 7, 2007

by the plaintiff constitute a violation of clearly established law.”). … To defeat qualified immunity, the plaintiff *404 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

Dominique Ramsey v. David Rivard

110 F.4th 860 · Court of Appeals for the Sixth Circuit · Aug 1, 2024

Rivard argues that qualified immunity bars the plaintiffs’ unduly suggestive identification claim because they cannot show that Rivard’s actions violated their clearly established rights. (Appellant Br. 49.) … First, Rivard gains no immunity for violations of clearly established law by following the prosecutor’s advice. See Burns v. Reed, 500 U.S. 478, 495 (1991).

Jennings v. Patton

644 F.3d 297 · Court of Appeals for the Fifth Circuit · Jun 17, 2011

B The doctrine of qualified immunity protects public officials from liability for civil, damages “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … ; and (2) whether the right at issue was “clearly established” at the time of the defendant’s alleged misconduct. 3 Id. at 815-16 (citing Saucier v.

Greenwood v. New York

163 F.3d 119 · Court of Appeals for the Second Circuit · Dec 11, 1998

. § 1983 ; it did so on the ground that the officials had qualified immunity. 1 We disagree with the court’s conclusion that Greenwood’s property right in his clinical staff privileges was not *121 clearly established and … “Even defendants who violate [clearly established] constitutional rights enjoy a qualified immunity that protects them from liability for damages unless it is further demonstrated that their conduct was unreasonable under

Jonathan Turmon v. Charles Jordan, Individually, and Red Roof Inns, Incorporated

405 F.3d 202 · Court of Appeals for the Fourth Circuit · Apr 25, 2005

The doctrine of qualified immunity shields law enforcement officers performing discretionary duties “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … Because Jordan violated Turmoris Fourth Amendment right to be free from unreasonable seizures and because that right was clearly established on March 10, 2001, Jordan is not entitled to qualified immunity on the illegal seizure

Denieva v. Reyes

966 F.2d 480 · Court of Appeals for the Ninth Circuit · Jun 5, 1992

by qualified immunity. … Did DeNieva Identify a Specific Right, and Was it Clearly Established? 21 We can consider the first two prongs of the Romero test together, as both raise the question of Reyes' violation of a clearly established right.

Saleem Bashir v. Rockdale County, Georgia

445 F.3d 1323 · Court of Appeals for the Eleventh Circuit · Apr 14, 2006

Thus, Bashir has satisfied the first prong of the qualified immunity analysis by demonstrating that his warrantless arrest was unlawful. 2. Clearly Established Law. … The next question we address in the qualified immunity analysis is whether the constitutional right was “clearly established” at the time of the violation.

George Mitchell v. State of Washington

818 F.3d 436 · Court of Appeals for the Ninth Circuit · Mar 14, 2016

Qualified Immunity — Clearly Established Despite the fact that we hold that the violation of a constitutional right occurred, Dr. … Bell is entitled to qualified immunity if it was not “clearly established” that his actions would violate Mitchell’s constitutional rights. 7 Pearson, 555 U.S. at 232 , 129 S.Ct. 808 . At the time of Dr.

Cindy Laine Franklin v. Chris Curry

738 F.3d 1246 · Court of Appeals for the Eleventh Circuit · Dec 23, 2013

DISCUSSION Qualified immunity shields government officials acting within their discretionary authority from liability unless the officials “violate clearly established statutory or constitutional rights of which … Thus, to evaluate their entitlement to qualified immunity, we ask whether Franklin has alleged a violation of a constitutional right and, if so, whether the constitutional right violated was clearly established at the

95 Cal. Daily Op. Serv. 9002, 95 Daily Journal D.A.R. 15,739 Sinaloa Lake Owners Association Robert A. Ain Diantha Ain Leonard Bellenson Ann Bellenson v. City of Simi Valley, and Roger Stephenson James Doody Vernon H. Persson David Jacinto James E. Ley Howard McEwan of the Estate of Sheldon McEwan

70 F.3d 1095 · Court of Appeals for the Ninth Circuit · Nov 30, 1995

were not in dispute. 10 Once a law enforcement officer asserts qualified immunity, "the district court must determine whether, in light of clearly established principles governing the conduct in question, the officer objectively … that the law was clearly established, Doody was nonetheless entitled to qualified immunity because "a reasonable dam safety engineering official, similarly situated, could have believed breaching the dam was lawful."

Jenkins v. Talladega City Board of Education

95 F.3d 1036 · Court of Appeals for the Eleventh Circuit · Sep 23, 1996

the Anderson Court’s clarification of the appropriate level of generality at which a right must be “clearly established” for purposes of qualified immunity. … Justice was decided a few days after the events at issue here and, therefore, does not clearly establish the law in this case for qualified immunity purposes.

Andrade v. Board of County Commissioners

Court of Appeals for the Tenth Circuit · May 3, 2021

Where, as here, the defendants have asserted a qualified-immunity defense, the plaintiffs must show “(1) that the official violated a statutory or constitutional right, and (2) that the right was clearly established at … to qualified immunity.”

In Re Barbara H. Allen, Better Government Bureau, Incorporated, an Ohio Corporation v. Darrell v. McGraw Jr., Attorney General, State of West Virginia, Personally and in His Official Capacity Better Government Bureau Office of the Attorney General State of West Virginia, a Body Politic, a Corporate Instrumentality of Government With Limited Agency and Quasisovereign Capacity Ken Hechler, Secretary of State, in His Official Capacity v. Donna Willis, Party in Interest. Better Government Bureau, Incorporated, an Ohio Corporation v. Darrell v. McGraw Jr., Attorney General, State of West Virginia, Personally and in His Official Capacity, and Better Government Bureau Office of the Attorney General State of West Virginia, a Body Politic, a Corporate Instrumentality of Government With Limited Agency and Quasi-Sovereign Capacity Ken Hechler, Secretary of State, in His Official Capacity v. Barbara H. Allen Donna Willis, Parties in Interest. (Two Cases)

119 F.3d 1129 · Court of Appeals for the Fourth Circuit · Aug 8, 1997

immunity even by violating clearly established state law, id. at 194 , 104 S.Ct. at 3019 . … that federal qualified immunity is lost if an official violates clearly established state law.

Powell v. Johnson

405 F.3d 652 · Court of Appeals for the Eighth Circuit · May 2, 2005

The trial court also denied the Appellants qualified immunity. 3 On appeal, the Appellants argue they are entitled to qualified immunity because the decision to demote Powell was reasonable in light of clearly established … Rainey is therefore entitled to qualified immunity, because doing nothing wrong is not a violation of clearly established law.

Hall v. United States

704 F.2d 246 · Court of Appeals for the Sixth Circuit · Mar 25, 1983

Most recently the Supreme Court refined the limits of qualified, good faith immunity, placing “[r]eliance on the objective reasonableness of an official’s conduct, as measured by reference to clearly established law.” … Under this approach summary judgment should issue on the grounds of qualified, good faith immunity if the official’s conduct did not violate clearly established statutory or constitutional rights at the time the challenged

Brown v. United States

851 F.2d 615 · Court of Appeals for the Third Circuit · Jun 21, 1988

Since Granata’s remedy of dismissal for properly established qualified immunity remains open, mandamus is not available. I. … action is a violation) violates a clearly established right.

Espanola Way Corp. v. Murray Meyerson

690 F.2d 827 · Court of Appeals for the Eleventh Circuit · Nov 1, 1982

Further, the defense of qualified immunity is unavailable to officials who, though otherwise covered, act with malice 1 or contrary to clearly established law. Procunier v. … Fifth, a conscious attempt to deprive property owners of property without due process of law clearly contravenes established law.

Mary Sallenger, as the Administrator of the Estate of Andrew B. Sallenger, Deceased v. Brian Oakes, James Zimmerman, and Jason Oliver

473 F.3d 731 · Court of Appeals for the Seventh Circuit · Jan 10, 2007

If the right was clearly established, the government actor is not entitled to qualified immunity. … If the right was not clearly established, the officers are still entitled to qualified immunity.