Case law

James P. Martin v. Memorial Hospital at Gulfport, Wray Anderson, Mitchell Salloum, Edward Reid, and Myrtis Franke

86 F.3d 1391 · Court of Appeals for the Fifth Circuit · Jul 10, 1996

The Supreme Court reversed, holding that the order denying qualified immunity was collateral order immediately appealable under Cohen . … A second major conception animating all of the immunity doctrines is that “where an official’s duties legitimately require action in which clearly established rights are not implicated, the public interest may be better served

Doug Morgan v. Plano Independent School Dist

Court of Appeals for the Fifth Circuit · Apr 2, 2014

To overcome the qualified immunity defense at the pleading stage, Morgan must allege that the objectionable conduct violated a right that was “clearly established at the time.” Pearson v. … The prior cases had so clearly established the law that the plaintiff was able to overcome the presumption in favor of qualified immunity. Id. at 1030.

Mary Elizabeth Dunn v. Mike Denk, Cross-Appellee

79 F.3d 401 · Court of Appeals for the Fifth Circuit · Mar 19, 1996

The question before us is whether Denk was entitled to qualified immunity as a matter of law. We begin by determining whether Dunn alleged the violation of a clearly established constitutional right. … arrestee] are clearly established or not,” Dunn v.

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.

Dennis Hamilton v. Roger v. Endell

981 F.2d 1062 · Court of Appeals for the Ninth Circuit · Dec 15, 1992

Qualified Immunity Claim “Government officials who perform discretionary functions are protected from liability for civil damages as long as ‘their conduct does not violate clearly established statutory or constitutional … Qualified immunity is an affirmative defense; if the plaintiff proves that the right allegedly violated was clearly established, the burden shifts to the defendant official to prove that his or her conduct was reasonable

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. .

Pierce v. Smith

117 F.3d 866 · Court of Appeals for the Fifth Circuit · Jul 15, 1997

For example, where the complained of conduct is a law enforcement warrantless search of a residence, qualified immunity turns not only on whether it was then clearly established that such a search required probable cause … Gilley, 500 U.S. 226 , 111 S.Ct. 1789 , 114 L.Ed.2d 277 (1991), the Court stated that in a qualified immunity case, “the first inquiry” is whether the plaintiff has “failed to allege the violation of a clearly established

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

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.

Hagemeier v. Block

806 F.2d 197 · Court of Appeals for the Eighth Circuit · Nov 26, 1986

Qualified Immunity. … Government officials performing discretionary functions are protected from liability for civil damages under the doctrine of qualified immunity “insofar as their conduct does not violate clearly established statutory or constitutional

Dustin Williamson v. Bryan Stirling

912 F.3d 154 · Court of Appeals for the Fourth Circuit · Dec 21, 2018

In making its qualified immunity rulings, the district court relied solely on the clearly established prong, deciding that Williamson’s due process rights were not clearly established, and thus awarded qualified immunity … If the law regarding the level of process owed to pretrial detainees was not clearly established as to either situation, Director Stirling and Sheriff Carroll would yet be entitled to qualified immunity on Williamson’s

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.

Melton v. City of Oklahoma City

879 F.2d 706 · Court of Appeals for the Tenth Circuit · Jun 21, 1989

We hold that in so doing, Chief Gramling violated clearly established law and cannot claim the protection of qualified immunity on retrial. 3. … established law and qualified immunity may not be available to them.

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.

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.

William C. Bennett, AKA John A. Richardson v. Garrison A. Parker, Warden, Robert M. Jackson, Officer, Daniel W. Cooper, Officer

898 F.2d 1530 · Court of Appeals for the Eleventh Circuit · Apr 25, 1990

Although intertwined with issues of jurisdiction and qualified immunity, this appeal concerns the severity of injury to an inmate required to establish a constitutional claim of excessive use of force. … The doctrine of qualified immunity accomplishes a similar purpose by shielding public officials from civil liability when their conduct “does not violate clearly established statutory or constitutional rights of which a reasonable

James Gladden, Jr. v. Kenneth Richbourg

759 F.3d 960 · Court of Appeals for the Eighth Circuit · Jul 23, 2014

Thus, Gladden can prevail against the officers only if they violated his clearly established constitutional rights. Qualified immunity protects “all but the plainly incompetent or those who knowingly violate the law.” … If, based on those facts, the officer reasonably failed to comprehend that he was violating a person’s clearly established constitutional rights, he is entitled to qualified immunity from suit. Id.

Nancy Roell v. Hamilton Cty. Bd. of Comm'rs

870 F.3d 471 · Court of Appeals for the Sixth Circuit · Sep 5, 2017

“In order for a right to be clearly established for the purposes of qualified immunity, ‘[t]he contours of the right must be sufficiently clear that a reasonable official would understand that what he is doing violates that … We, on the other hand, have utilized the second prong of the qualified-immunity analysis to conclude that the deputies are entitled to summary judgment because no caselaw clearly established that the degree of force used

Nathan Rice v. Reliastar Life Insurance Co.

770 F.3d 1122 · Court of Appeals for the Fifth Circuit · Oct 27, 2014

Qualified immunity is a two-prong analysis. … The Supreme Court has explained that the clearly established standard incorporates an objective reasonableness inquiry: To be “clearly established” for purposes of qualified immunity, “[t]he contours of the right

Gorman v. Rensselaer Cnty.

910 F.3d 40 · Court of Appeals for the Second Circuit · Dec 6, 2018

entitled to qualified immunity. … The district court held that the Defendants are entitled to qualified immunity because the law was not clearly established that Gorman's complaint constituted protected speech.