Case law

Mark Pettibone v. Gabriel Russell

59 F.4th 449 · Court of Appeals for the Ninth Circuit · Feb 2, 2023

qualified immunity. … Wilkie establishes that, in an interlocutory appeal from a denial of qualified immunity, we necessarily have jurisdiction to decide whether an underlying Bivens cause of action exists.

Andujar v. Rodriguez

480 F.3d 1248 · Court of Appeals for the Eleventh Circuit · Mar 16, 2007

“Qualified immunity protects government officials performing discretionary functions from suits in their individual capacities unless their conduct violates ‘clearly established statutory or constitutional rights of which … When a government official seeks summary judgment based on qualified immunity, courts apply a two-step test to determine whether qualified immunity is appropriate.

Avalos v. City Of Glenwood

382 F.3d 792 · Court of Appeals for the Eighth Circuit · Oct 7, 2004

Qualified Immunity 18 When performing discretionary functions, government officials generally are shielded from civil liability so long "as their conduct does not violate clearly established statutory or constitutional rights … plaintiffs assert were clearly established at the time of Detective Wake's conduct.

Dillberg v. County of Kitsap

76 F. App'x 792 · Court of Appeals for the Ninth Circuit · Sep 12, 2003

“Government officials enjoy qualified immunity from civil damages unless their conduct violates ‘clearly established statutory or constitutional rights of which a reasonable person would have known.’ ” Jeffers v. … Nevertheless, qualified immunity is available for any such constitutional violation because Dillberg’s right not to be prosecuted for attempted solicitation of murder was not clearly established.

Hector Guzmn-Rivera v. Hector Rivera-Cruz

98 F.3d 664 · Court of Appeals for the First Circuit · Oct 28, 1996

“Unless the plaintiffs allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery.” Mitchell v. … Although Fed.RXiv.P. 56 states that defendants may move for summary judgment "at any time,” we do not believe that this precludes us from establishing some limits to the ability of defendants to use the protection of qualified

Frank Marvin Phillips v. Lynn Hust, Library Staff

477 F.3d 1070 · Court of Appeals for the Ninth Circuit · Feb 13, 2007

Hust contends that, even if her actions amounted to a violation of Phillips’s rights, the right was not clearly established, and she is therefore entitled to qualified immunity. … Whether the right at issue in a claim of qualified immunity is clearly established is judged as of the date of the incident alleged and is a pure question of law, which we review de novo. Act Up!/Portland v.

Purcell Ex Rel. Estate of Morgan v. Toombs County, GA

400 F.3d 1313 · Court of Appeals for the Eleventh Circuit · Feb 24, 2005

“Qualified immunity protects government officials performing discretionary functions from civil trials [] and from liability if their conduct violates no clearly established statutory or constitutional rights of which a … , we need not address the element of preexisting clearly established law.

Kevin Everson v. Simon Leis

Court of Appeals for the Sixth Circuit · Feb 20, 2009

, and (2) whether that right was clearly established.” … But under § 1983, “an arresting agent is entitled to qualified immunity if he or she could reasonably (even if erroneously) have believed that the arrest was lawful, in light of clearly established law and the information

Manasco v. Rogers

337 F. App'x 145 · Court of Appeals for the Third Circuit · Jul 29, 2009

The doctrine of qualified immunity protects government officials “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … In assessing whether qualified immunity is warranted, the court must determine whether “the plaintiff has alleged a deprivation of a constitutional right,” and whether the right at issue was “clearly established” at the time

William Bell-Bey v. Beverly Williams

87 F.3d 832 · Court of Appeals for the Sixth Circuit · Jul 1, 1996

The Donta court held, “If the law which the defendant is alleged to have violated is clearly established, then the qualified immunity defense should fail and discovery should proceed. … If the law is not clearly established, the defendant is immune.” Id. (citation omitted).

White v. Pierce County

797 F.2d 812 · Court of Appeals for the Ninth Circuit · Aug 20, 1986

Qualified Immunity 13 Government officials performing discretionary functions are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights … The rights which plaintiffs assert in this case are clearly established.

Brian Thomas Hoyland v. Shawn McMenomy

869 F.3d 644 · Court of Appeals for the Eighth Circuit · Aug 28, 2017

established law.” … ... right; and (2) whether that right was clearly established at the time of the alleged violation.”

White Ex Rel. White v. Chambliss

112 F.3d 731 · Court of Appeals for the Fourth Circuit · Apr 30, 1997

Under the doctrine of qualified immunity, "government officials performing discretionary functions generally are shielded from liabil- ity for civil damages insofar as their conduct does not violate clearly established statutory … The facts presented by White reveal that the DSS defendants violated no "clearly established" law in removing White's children from her custody. Therefore, qualified immunity must lie. Harlow, 457 U.S. at 818. B.

Hankins v. Wheeler

109 F.4th 839 · Court of Appeals for the Fifth Circuit · Aug 1, 2024

“The doctrine of qualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … of clearly established law.”

Holeman v. City of New London

425 F.3d 184 · Court of Appeals for the Second Circuit · Sep 30, 2005

Our review at this juncture is limited, however, to "circumstances where the qualified immunity defense may be established as a matter of law." Cartier v. Lussier, 955 F.2d 841, 844 (2d Cir.1992). … III 11 Qualified immunity "shields police officers acting in their official capacity from suits for damages under 42 U.S.C. § 1983 , unless their actions violate clearly-established rights of which an objectively reasonable

Durkee v. Minor

841 F.3d 872 · Court of Appeals for the Tenth Circuit · Nov 14, 2016

For now, suffice to say Defendants’ claim to qualified immunity imposes the burden on Plaintiff to show Defendants violated a constitutional right that was clearly established under the facts of this case at the time of … While the district court’s factual findings are sufficient at this stage to overcome Defendant Hochmuth’s qualified immunity defense, we cannot say the 2 To complete our qualified immunity analysis as to

Sarah Lee v. Ohio Educ. Ass'n

951 F.3d 386 · Court of Appeals for the Sixth Circuit · Feb 24, 2020

Ultimately, the Wyatt Court held that private parties were not entitled to qualified immunity. Id. at 164–67. … Therefore, given that the question presented was limited to the applicability of qualified immunity, the Court declared that it could offer “no relief” to the private party defendants. Id.

Williams v. Mehra

135 F.3d 1105 · Court of Appeals for the Sixth Circuit · Feb 5, 1998

right was ‘clearly established.’ … Consequently, this Court does not evaluate Defendants' qualified immunity defense under the objective test of whether a reasonable official would have known that his acts or omissions violated a clearly established right.

Murphy v. Hughson

82 F.4th 177 · Court of Appeals for the Second Circuit · Sep 21, 2023

Each defendant bears the burden of establishing that he is entitled to qualified immunity. See Vincent v. Yelich, 718 F.3d 157, 166 (2d Cir. 2013). … the defense of qualified immunity.").

Jennifer Morgan-Tyra v. Andrei Nikolov

89 F.4th 1082 · Court of Appeals for the Eighth Circuit · Jan 8, 2024

In a case involving a qualified-immunity defense, summary judgment is appropriate if: (1) the plaintiff-friendly version of the facts fails to establish a constitutional violation; or (2) the law at the time did not clearly … At most, his actions fall within the “hazy border between excessive and acceptable force,” which gives him the benefit of qualified immunity. Mullenix v.