Case law

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

White v. Gerardot

509 F.3d 829 · Court of Appeals for the Seventh Circuit · Dec 5, 2007

It is well established, of course, that a denial of qualified immunity is only appealable “to the extent that it turns on an issue of law.” Mitchell, 472 U.S. at 530 , 105 S.Ct. 2806 . … Detective Gerardot claims that he is entitled to qualified immunity because his use of deadly force did not violate Ford’s constitutional rights and, in any event, those rights were not clearly established at the time of

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.

Ben Krein v. Larry Norris

309 F.3d 487 · Court of Appeals for the Eighth Circuit · Oct 16, 2002

not specifically and conclusively ruled on the issue of qualified immunity. … asserted the violation of a constitutional right [and] the right is clearly established.”

Donovan George Davis v. Philip B. Williams

451 F.3d 759 · Court of Appeals for the Eleventh Circuit · Jun 7, 2006

clearly established statutory or constitutional rights of which a reasonable person would have known.” … There is no question that the second step – clearly established – is satisfied, as it is clearly established that an arrest made without probable cause violates the Fourth Amendment. Thornton v.

Robert N. Wallin v. Silas Norman

317 F.3d 558 · Court of Appeals for the Sixth Circuit · Jan 27, 2003

For the most part, government employees are protected from civil suits, except to the extent that their actions violate clearly established constitutional rights of which a reasonable person would have known. … The issue of whether the defendants are entitled to qualified immunity at the summary judgment stage of the proceedings has clearly not been decided, because the district court did not address the merits of the motion.

J.R. v. Gloria

593 F.3d 73 · Court of Appeals for the First Circuit · Jan 27, 2010

They asserted, among other grounds, a qualified immunity defense to the § 1983 claim and immunity to the state law negligence claims based on Rhode Island's state sovereign immunity and state qualified immunity law. … We need not address whether any such "right" would have been clearly established at the time of the alleged violation, Saucier v.

Buller v. Buechler

706 F.2d 844 · Court of Appeals for the Eighth Circuit · May 5, 1983

The Court then articulated its qualified immunity test: a good faith defense will be defeated if the defendant’s conduct violated a clearly established statutory or constitutional right of which he or she knew or should have … defense or qualified immunity.

Fred Arispe Cruz, Cross-Appellants v. Dr. George Beto and W. J. Estelle, Jr., Director, Texas Department of Corrections, Cross-Appellees

603 F.2d 1178 · Court of Appeals for the Fifth Circuit · Oct 5, 1979

Although at the time of this trial the qualified immunity defense had not yet been established in such cases, it is now settled that Beto’s exposure to liability for damages under section 1983 is limited by the qualified … Under the first part, persons clothed with this qualified shield lose its protection if the constitutional right allegedly infringed by them was clearly established at the time of their challenged conduct, if they knew or

Crandel v. Hastings

75 F.4th 537 · Court of Appeals for the Fifth Circuit · Aug 1, 2023

“Qualified immunity protects officers from suit unless their conduct violates a clearly established [statutory or] constitutional right.” Converse v. … Again, when defendants assert qualified immunity, “a plaintiff seeking to overcome qualified immunity must show: (1) that the official violated a statutory or constitutional right, and (2) that the right was clearly

Clarence Jason v. James LeBlanc

938 F.3d 191 · Court of Appeals for the Fifth Circuit · Sep 9, 2019

The defendants moved for summary judgment, asserting qualified immunity. The district court granted Secretary LeBlanc qualified immunity. But it denied qualified immunity to Ladner, Pierce, and Tanner. … Plaintiffs can go to trial if they show that the official violated their clearly established right. 11 In other words, it’s a two-prong test— (1) whether the official violated a right; and (2) whether that right was clearly

Margarito Salmon, Magdalena Salmon, Individually and as Next Friend for Margarito Salmon, Jr. v. Martin R. Schwarz and Arturo A. Gonzalez

948 F.2d 1131 · Court of Appeals for the Tenth Circuit · Oct 31, 1991

In Morfin , a qualified immunity case, the court was asked to decide for the first time whether the plaintiffs, teachers, had a clearly established right in 1985 to associate with a labor union other than their exclusive … deciding whether or not a right was clearly established.”

Anderson v. Recore

317 F.3d 194 · Court of Appeals for the Second Circuit · Jan 15, 2003

The judge’s qualified immunity determination followed from his conclusion that Sandin v. … Defendants are entitled to qualified immunity “if either (a) the defendant’s action did not violate clearly established law, or (b) it was objectively reasonable for the defendant to believe that his action did not violate

Ngong Garang v. City of Ames

2 F.4th 1115 · Court of Appeals for the Eighth Circuit · Jun 30, 2021

claim for violation of a constitutional or statutory right,” and second, “whether the right was clearly established at the time of the alleged infraction.” … In conducting this analysis, we “may review the legal issues whether conduct violated the Fourth Amendment or clearly established law,” but “cannot review whether a factual dispute is genuine.” Sok Kong v.

Beck v. Wilson

377 F.3d 884 · Court of Appeals for the Eighth Circuit · Jul 29, 2004

violate clearly established law. … clearly established at the time of the alleged misconduct.

Janet Virgili v. Michelle Gilbert, John Morrison, and Joseph Masi

272 F.3d 391 · Court of Appeals for the Sixth Circuit · Nov 30, 2001

Virgili challenges the district court’s ruling that defendants are entitled to qualified immunity because her Fourth Amendment right against a strip-search was not “clearly established” at the time of search. We AFFIRM. … The district court granted defendants’ motion for judgment on the pleadings, concluding that they were entitled to qualified immunity from suit because Virg-ili’s right against the search .was not “clearly established” at

Lawrence v. United States

340 F.3d 952 · Court of Appeals for the Ninth Circuit · Aug 21, 2003

If the right is not clearly established, the defendant is entitled to qualified immunity. Id. … “[Qualified immunity shields agents ... if ‘a reasonable officer could have believed [the action] to be lawful, in light of clearly established law and the information the [arresting] officers possessed.’ ” Hunter v.

Myers v. City of Hermosa Beach

299 F. App'x 744 · Court of Appeals for the Ninth Circuit · Nov 7, 2008

If we find a violation of a constitutional right, we must then ask whether that right is clearly established. Saucier, 533 U.S. at 201, 121 S.Ct. at 2156. … to qualified immunity as to Silva’s false arrest claim. 2 (3) Lewitt next argues that the district court erred when it denied qualified immunity on Silva’s excessive force claim against him.