Case law

Tenenbaum v. Williams

193 F.3d 581 · Court of Appeals for the Second Circuit · Oct 13, 1999

Government officials “enjoy qualified immunity when they perform discretionary functions if either (1) their conduct did not violate clearly established rights of which a reasonable person would have known, or (2) it was … Whatever van Emrik “clearly established” therefore could not have guided the behavior of the individual defendants here and they are entitled to qualified immunity, as the district court held. IV.

Hudson v. Hudson

475 F.3d 741 · Court of Appeals for the Sixth Circuit · Jan 26, 2007

does not violate clearly established statutory or constitutional rights of which a reasonable person would have known." … IV 9 * Having determined that qualified immunity is available to these officers, we next consider whether they are entitled to it. We engage in the well-established two-step inquiry specified in Saucier v.

Terry L. Arcoren v. Wenton Peters and John Schooler

829 F.2d 671 · Court of Appeals for the Eighth Circuit · Sep 25, 1987

on the basis of qualified immunity. … When performing a discretionary function, a government official is entitled to qualified immunity from suit if, at the time of his conduct, it was not “clearly established” that his actions would violate the plaintiffs constitutional

Tina Marie Sellers, by and Through Her Guardian, Natural Mother, and Next Friend, Joann Sellers Albert F. Deuser Phyllis Menke v. Robert J. Baer John J. Frank James E. Mosbacher William H. Young Mayor Vincent Schoemehl Lawrence J. King United States of America, David Vecera, National Park Ranger Edward Bridges, National Park Ranger Dennis Burnett, Chief Ranger, Tina Marie Sellers, by and Through Her Guardian, Natural Mother, and Next Friend, Joann Sellers Albert F. Deuser Phyllis Menke v. Robert J. Baer John J. Frank James E. Mosbacher William H. Young Mayor Vincent Schoemehl Lawrence J. King United States of America, David Vecera, National Park Ranger Edward Bridges, National Park Ranger Dennis Burnett, Chief Ranger, Tina Marie Sellers, by and Through Her Guardian, Natural Mother, and Next Friend, Joann Sellers Albert F. Deuser Phyllis Menke v. Robert J. Baer John J. Frank James E. Mosbacher William H. Young Mayor Vincent Schoemehl Lawrence J. King, United States of America David Vecera, National Park Ranger Edward Bridges, National Park Ranger Dennis Burnett, Chief Ranger

28 F.3d 895 · Court of Appeals for the Eighth Circuit · Aug 16, 1994

established under current law. 6 Accordingly, Vecera, Bridges, Burnett, and King are entitled to qualified immunity. … We hold that the conduct of the officers did not violate a clearly established constitutional right of which a reasonable officer would have known, and the officers therefore are entitled to qualified immunity.

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

Larenzo Irvin v. Tyler Richardson

20 F.4th 1199 · Court of Appeals for the Eighth Circuit · Dec 16, 2021

Qualified immunity shields government officials from civil damage liability for a discretionary act that “does not violate clearly established statutory or constitutional -4- rights … : whether the rights at issue were clearly established.

Click v. Copeland

970 F.2d 106 · Court of Appeals for the Fifth Circuit · Aug 27, 1992

In the first part of Matherne, the court concluded that the defendant was entitled to qualified immunity in his individual capacity because the law was not clearly established in July 1983 that a sheriff could not retaliate … The crucial difference was the analytical framework established by McBee. Id. at 759, 760. The law of McBee was clearly established in January 1988.

Marshall v. Columbia Lea Regional Hospital

474 F.3d 733 · Court of Appeals for the Tenth Circuit · Jan 9, 2007

Nevertheless, the officers contend the district court erred in denying their post-verdict motion for judgment as a matter of law based on qualified immunity because no clearly established law precluded the test. … of which the plaintiff complains violated clearly established law.”

Kulwicki v. Dawson

969 F.2d 1454 · Court of Appeals for the Third Circuit · Jul 2, 1992

As to the issue of media communication, however, we find that Loutzenhiser is entitled to qualified immunity because Kulwicki fails to allege a violation of clearly established federal law. … issue as to defendant’s commission of acts in violation of plaintiffs clearly established rights.

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. … Dist., 239 F.3d 246 , 250 (2d Cir.2001). 9 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

Robin Akins v. Board of Governors of State Colleges and Universities, Defendants

840 F.2d 1371 · Court of Appeals for the Seventh Circuit · Apr 11, 1988

On the matter of immunity, the magistrate determined that the case law at that time did not clearly establish the substantive due process right to be free from arbitrary and capricious action on the part of university officials … established.

Leonard Rollon Crawford-El v. Patricia Britton and the District of Columbia

93 F.3d 813 · Court of Appeals for the D.C. Circuit · Aug 27, 1996

For acts to which qualified immunity may apply, 2 it held that the plaintiff can prevail only by showing not just that there was a violation, but that defendant’s acts violated “clearly established statutory or constitutional … Accordingly the Court held that qualified immunity could be penetrated only on a showing of objective unreasonableness—the now familiar requirement of “clearly established” rights. Id. at 818, 102 S.Ct. at 2738 .

Adkins v. Rodriguez

59 F.3d 1034 · Court of Appeals for the Tenth Circuit · Jul 6, 1995

Adkins could not set forth a claim showing a clearly established right to be free of sexual harassment in a prison setting. Upon this basis, the court granted defendant qualified immunity from suit. In this appeal, Ms. … Having raised the defense of qualified immunity, defendant then places the onus on the plaintiff to establish defendant has violated a clearly established law. Hovater v. Robinson, 1 F.3d 1063, 1066 (10th Cir.1993).

Leona Mullins v. Oscar Cyranek

805 F.3d 760 · Court of Appeals for the Sixth Circuit · Nov 9, 2015

Cyranek moved for summary judgment, asserting qualified immunity. … Police officers are immune from civil liability unless, in the course of performing their discretionary functions, they violate the plaintiff’s clearly established constitutional rights. Messerschmidt v.

Ruffin v. Nicely

183 F. App'x 505 · Court of Appeals for the Sixth Circuit · May 18, 2006

The burden of proving that the right was clearly established “rests squarely on the plaintiff,” Cope v. … On appeal, Ruffin has not adequately challenged the district court’s holding that any rights violated were not clearly established. Ruffin only “submits that this was a clearly established Constitutional right.”

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

Nathaniel Brent v. Wayne Cty. Dep't of Human Servs.

901 F.3d 656 · Court of Appeals for the Sixth Circuit · Aug 23, 2018

Thus, if Wenk violated plaintiffs’ clearly established constitutional rights when executing the removal order, she would not be entitled to qualified immunity from plaintiffs’ claims. See id. at 695. … We held that the social workers had not violated clearly established law “by exceeding the limited consent to search that [Brent] had given them,” and we thereby held that the social workers were entitled to qualified immunity

Wood v. MCC Superintendant

89 F.3d 922 · Court of Appeals for the First Circuit · Jul 22, 1996

B Plaintiffs can overcome the defendant's assertion of the qualified immunity defense only by showing that Clemons' conduct was objectively unreasonable in light of clearly established law. … is entitled to qualified immunity.

Gardner v. BOARD OF POLICE COM'RS, FOR KANSAS CITY

641 F.3d 947 · Court of Appeals for the Eighth Circuit · Jun 9, 2011

Ritchie is entitled to qualified immunity unless (1) the evidence, viewed in the light most favorable to Gardner, establishes a violation of a constitutional or statutory right, and (2) the right was clearly established at … The court further concluded that at the time of the shooting, the law was clearly established on this point, and that Ritchie was thus not entitled to qualified immunity.

Maria Castro v. United States of America, Don Abrams, Jason Davs, Daniel Bologna

34 F.3d 106 · Court of Appeals for the Second Circuit · Sep 2, 1994

Defendants assert that they have qualified immunity because officials performing discretionary functions are immune from suit for damages unless the conduct in question violates clearly estab *110 lished statutory or constitutional … Though a mere mistake in the performance of an official duty may not deprive the officer of qualified immunity, that doctrine does not shield performance that either (a) was in violation of clearly established law, or (b)