Case law

Grune v. Rodriguez

176 F.3d 27 · Court of Appeals for the Second Circuit · Apr 26, 1999

Defendants also argued that they were entitled to qualified immunity because they had not violated any "clearly established" rights of plaintiff. … DISCUSSION 14 Appellants argue on this appeal that they are immune from suit under the doctrine of qualified immunity because their actions did not "violate clearly established statutory or constitutional rights of which

Atherton v. District of Columbia Office of the Mayor

706 F.3d 512 · Court of Appeals for the D.C. Circuit · Feb 8, 2013

of the qualified immunity analysis should be addressed first” — (1) whether the alleged facts show that the officials’ conduct violated a statutory or constitutional right and (2) whether that right was clearly established … II “Qualified immunity shields government officials from civil damages liability unless the official violated a statutory or constitutional right that was clearly established at the time of the challenged conduct.”

Heyne v. Metropolitan Nashville Public Schools

655 F.3d 556 · Court of Appeals for the Sixth Circuit · Aug 26, 2011

right was clearly established.” … When a defendant appeals the denial of a motion to dismiss based on qualified immunity, we review de novo whether the complaint alleges violation of a clearly established constitutional right. See Hardy v.

Richard Wesley v. Alison Campbell

779 F.3d 421 · Court of Appeals for the Sixth Circuit · Mar 2, 2015

If the arrest was supported by probable cause, then Rigney would be entitled to qualified immunity. If not, then qualified immunity was inappropriate and both decisions must be reversed. … Hence, qualified immunity was inappropriate, because it is clearly established that “[p]olice officers cannot, in good faith, rely on a judicial determination of probable cause when that determination was premised on an officer

Walker v. Schult

717 F.3d 119 · Court of Appeals for the Second Circuit · May 23, 2013

was "clearly established" at the time of the challenged conduct. … If an official's conduct did not violate a clearly established constitutional right, or if the official reasonably believed that his conduct did not violate such a right, then he is protected by qualified immunity.

Hodge v. Jones

31 F.3d 157 · Court of Appeals for the Fourth Circuit · Jul 19, 1994

The court rejected Defendants' proffered qualified immunity defense on a determination that both the protected interest of familial privacy and the procedural safeguards ofSec. 5-715 were clearly established at the time of … Defendants are entitled to qualified immunity from civil monetary damages if their conduct did not violate the Hodges' clearly established federal statutory or constitutional rights of which a reasonable person would have

Henderson Duval Houghton v. Carroll v. South

965 F.2d 1532 · Court of Appeals for the Ninth Circuit · Jun 11, 1992

clearly established statutory or constitutional rights of which a reasonable person would have known.” … South moved for summary judgment on his qualified immunity defense.

Noel Dean v. Darshan Phatak

911 F.3d 286 · Court of Appeals for the Fifth Circuit · Dec 20, 2018

matter of law, be objectively unreasonable in light of clearly established law.” … Dean counters that the district court properly denied summary judgment on the basis of qualified immunity because Phatak created a false, misleading, and inaccurate autopsy report and violated Dean’s clearly-established constitutional

Nagle v. Marron

663 F.3d 100 · Court of Appeals for the Second Circuit · Dec 12, 2011

Qualified Immunity 4 Although the statutory text of § 1983 provides for no immunities, it has been read “‘in 5 harmony with general principles of tort immunities’” to provide qualified immunity for most … Id.; see also Saucier, 533 U.S. at 202 (“If the law did not put the officer on 7 notice that his conduct would be clearly unlawful, summary judgment based on qualified 8 immunity is appropriate.”). 9 The

Mathis v. COUNTY OF LYON

633 F.3d 877 · Court of Appeals for the Ninth Circuit · Feb 1, 2011

The right to notice and hearing prior to a public official’s administrative taking of property is clearly established. See, e.g., Fuentes v. … Glover was not entitled to qualified immunity because the law was clearly settled. 2 AFFIRMED. . The granting of qualified immunity is reviewed only as a part of an appeal of a final judgment. .

Aaron v. Shelley

624 F.3d 882 · Court of Appeals for the Eighth Circuit · Nov 12, 2010

An interlocutory order denying qualified immunity is immediately appealable “to the extent that it turns on an issue of law.” Mitchell v. Forsyth, 472 U.S. 511, 530 (1985). … As we see it, the most clearly established laws in sight are the well-settled summary judgment and qualified immunity principles violated by this contention. The appeal does not pass muster under Johnson v.

Barts v. Joyner

865 F.2d 1187 · Court of Appeals for the Eleventh Circuit · Mar 1, 1989

qualified immunity because their conduct in March 1983 did not violate clearly established law. … immunity because they did not violate clearly established constitutional right); State v.

Estate of B.I.C. v. Gillen

761 F.3d 1099 · Court of Appeals for the Tenth Circuit · Jul 31, 2014

On appeal the estate argues that Defendant is not entitled to qualified immunity because under clearly established law she committed sufficient affirmative acts to be liable for creating or increasing the danger to Brook … The estate has failed to show that Defendant’s behavior was a clearly established violation of Brook’s constitutional rights at the time it occurred. Defendant is therefore entitled to qualified immunity. III.

Hicks v. City of Watonga

942 F.2d 737 · Court of Appeals for the Tenth Circuit · Aug 19, 1991

QUALIFIED IMMUNITY We review the denial of a qualified immunity claim de novo. McEvoy, 882 F.2d at 465 . … The appellants are entitled to qualified immunity on the property interest claim unless they violated Mr. Hicks’ clearly established right. Harlow, 457 U.S. at 818 , 102 S.Ct. at 2738 .

Sterling Hotels, LLC v. Scott McKay

Court of Appeals for the Sixth Circuit · Jun 22, 2023

To overcome McKay’s assertion of qualified immunity at this stage, Sterling need only plausibly allege that McKay violated its clearly established constitutional rights. … McKay’s potential individual liability for a regulatory takings claim was not clearly established when he sealed the elevators. That means McKay is entitled to qualified immunity on this claim.

Lehman v. Robinson

228 F. App'x 697 · Court of Appeals for the Ninth Circuit · Apr 16, 2007

Government officials enjoy qualified immunity from civil damages unless their conduct violates “clearly established constitutional or statutory rights of which a reasonable person would have known.” Harlow v. … Second, and only if a constitutional right was violated, we consider whether the right was clearly established such that a reasonable officer would believe the alleged conduct was unlawful.

Carrie Melear and Willie Stewart v. Wayne Spears, Etc., Ron Averitt, Etc.

862 F.2d 1177 · Court of Appeals for the Fifth Circuit · Jan 12, 1989

Qualified Immunity. Avirett argues that he is entitled to qualified immunity in his personal capacity regarding the claims of both Stewart and Melear. … of the legal rules that were ‘clearly established’ at the time it was taken.

Jane Doe v. Francis D. Phillips, Ii, Gerald D. D'amelia, Jr.

81 F.3d 1204 · Court of Appeals for the Second Circuit · Apr 22, 1996

Qualified Immunity In support of his defense of qualified immunity, D’Amelia argues, inter alia, that he did not violate any clearly established constitutional rights because he and his colleagues knew of no ease holding … Government officials may enjoy a privilege of qualified immunity from liability for damages arising out of their performance of discretionary official functions so long as their conduct “does not violate clearly established

Frank Barrett v. Nancy I. Harrington, A/K/A Penny Harrington

130 F.3d 246 · Court of Appeals for the Sixth Circuit · Nov 20, 1997

To survive Defendant’s assertion of qualified immunity, Barrett must show that, under § 1983, Harrington’s conduct: (1) violates Barrett’s clearly established constitutional rights, (2) of which a reasonable person would … See discussion supra, concerning a judge’s absolute immunity to report possible illegal conduct. 29 .As the District Court noted, there are a number of ways a public official can establish a defense of qualified immunity.

Prisco v. United States, Department of Justice

851 F.2d 93 · Court of Appeals for the Third Circuit · Jul 1, 1988

established law. … In exploring whether a right is clearly established, we must find “some but not precise correspondence” with applicable precedents. People of Three Mile Island v.