Case law

Ronald O'Neil v. City of Iowa City

Court of Appeals for the Eighth Circuit · Aug 10, 2007

The Supreme Court has clearly defined the qualified immunity analysis. … in their circumstances would not have known their actions violate clearly established law."

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.

Glass v. Mayas

984 F.2d 55 · Court of Appeals for the Second Circuit · Jan 15, 1993

Due Process Qualified immunity protects government officials from the “costs of trial” and “broad reaching discovery” by shielding them from liability “insofar as their conduct does not violate clearly established statutory … the legal rules that were ‘clearly established’ at the time it was taken.”

Renee Henderson Martinez v. Robert Hooper

148 F.3d 856 · Court of Appeals for the Seventh Circuit · Jul 8, 1998

To be immune, his actions in retaliating against Martinez — -retaliating is what she alleges he did — must not have been in violation of clearly established law of which a reasonable person should have known. Harlow v. … , that fact was not clearly established when the incident occurred in 1996.

Savino v. City of New York

331 F.3d 63 · Court of Appeals for the Second Circuit · May 22, 2003

Because qualified immunity is an immunity from suit — not merely an immunity from judgment — assertions of qualified immunity should be addressed as early as possible in the judicial process. See, e.g., Hunter v. … County of Suffolk, 316 F.3d 368, 385 (2d Cir.2003) (stating that an officer is entitled to immunity from suit if his conduct did not violate plaintiffs clearly established rights). B.

Shari Guertin v. Michigan

924 F.3d 309 · Court of Appeals for the Sixth Circuit · May 16, 2019

So long as that is an appropriate approach to qualified immunity claims, it would seem that allegations like these— intentional or reckless poisoning of citizens—plausibly clear the clearly established hurdle and warrant … Respectfully, the majority’s decision on the issue of qualified immunity is barely colorable.

Ronald Unwin v. Police Officer Robert Campbell, State Trooper Mark Furlone and State Trooper John Ellsworth, Ronald Unwin v. Police Officer Robert Campbell

863 F.2d 124 · Court of Appeals for the First Circuit · Dec 9, 1988

clearly established law and thus were not qualifiedly immune. … A court must look to the "objective reasonableness of an official's conduct, as measured by reference to clearly established law," to determine whether the doctrine of qualified immunity applies.

William Harris, Jr. v. City of Circleville

Court of Appeals for the Sixth Circuit · Oct 2, 2009

The Court, however, retains jurisdiction over the legal question of qualified immunity, i.e., whether a given set of facts violates clearly established law. Id. … to qualified immunity.

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.

Stephen D. Zook v. Joseph T. Brown, William v. Mosher & Champaign County

748 F.2d 1161 · Court of Appeals for the Seventh Circuit · Nov 14, 1984

Fitzgerald, 457 U.S. 800 , 102 S.Ct. 2727, 2738 , 73 L.Ed.2d 396 (1982), held that a government official is entitled to immunity from liability for damages if the official’s actions do not violate “clearly established statutory … Nor can we find clearly established law from which Brown and Mosher should have gleaned that Zook’s interest in commenting on the ambulance service clearly outweighed their concern with maintaining public confidence in the

Rebirth Christian Academy Daycare, Inc. v. Brizzi

835 F.3d 742 · Court of Appeals for the Seventh Circuit · Aug 30, 2016

We  conclude  that,  based  on  the  allegations  in  the  complaint,  the  defend‐ ants  were  not  entitled  to  qualified  immunity  because  they  violated  clearly  established  law:  the  complaint  adequately  alleges …  to qualified immunity. 

Johnson v. Government of the District of Columbia

734 F.3d 1194 · Court of Appeals for the D.C. Circuit · Nov 15, 2013

In Bame , this Court, addressing only the “clearly established” stage of the qualified immunity analysis, found Dillard entitled to qualified immunity for Fourth Amendment claims brought by male plaintiffs — claims otherwise … As a result, Dillard is entitled to qualified immunity because the Fourth Amendment right he is accused of violating was not clearly established at the time of any violation.

Hansen v. Bennett

948 F.2d 397 · Court of Appeals for the Seventh Circuit · Nov 27, 1991

If Bennett was attempting to suppress Hansen's speech on the basis of its content, then he violated clearly established rights and is not entitled to qualified immunity. Collinson v. … If, on the other hand, he was enforcing an appropriately limited time, place, and manner restriction, then he did not violate clearly established rights, Jones v.

Hesse v. Town of Jackson, Wyo.

541 F.3d 1240 · Court of Appeals for the Tenth Circuit · Sep 15, 2008

Nevertheless, we may determine whether “a given set of facts violates clearly established law.” See id. … We REVERSE the order of the district court denying qualified immunity and REMAND this case with direction to enter judgment granting qualified immunity to all Defendants on all federal claims.

Michael Zieper, Mark Wieger, Becamation v. Joseph Metzinger, Lisa Korologos, Docket No. 05-5250-Cv

474 F.3d 60 · Court of Appeals for the Second Circuit · Jan 19, 2007

Under the doctrine of qualified immunity, governmental actors are “shield[ed] ... from suits for damages ... unless their actions violate clearly-established rights of which an objectively reasonable official would have known … Having already determined that they do, we must turn to the second prong of the qualified immunity analysis and determine whether the defendants’ actions violated clearly established constitutional rights of which a reasonable

V-1 Oil Company, a Wyoming Corporation v. State of Wyoming, Department of Environmental Quality Steven P. Gerber

902 F.2d 1482 · Court of Appeals for the Tenth Circuit · Apr 30, 1990

no clearly established right, id. at 583 . … “Once a defendant raises the defense of qualified immunity as a defense to an action, ‘[t]he plaintiff carries the burden of convincing the court that the law was clearly established.’ ” Powell v.

Tina Spear v. Dewey Sowders

33 F.3d 576 · Court of Appeals for the Sixth Circuit · Nov 8, 1994

at the time of the *580 search, precluding the qualified immunity defense. … created a clearly established liberty interest.

Summar v. Bennett

157 F.3d 1054 · Court of Appeals for the Sixth Circuit · Oct 14, 1998

Accordingly, the district court found Bennett insulated by qualified immunity for his failure to protect Summar from the foreseeable danger which ended his life. 9 Because the doctrine of qualified immunity is a legal issue … binding authority as a condition precedent to the rejection of qualified immunity.

Oona, R.-S.-, a Minor, by Kate S., Her Guardian, Kate S. And Ken R. v. Patricia McCaffrey Gerald Hill Ronald Lundy

122 F.3d 1207 · Court of Appeals for the Ninth Circuit · Aug 25, 1997

A school counselor appealed from an order denying him qualified immunity on the ground that his alleged conduct in failing to take steps to stop sexual harassment violated clearly established rights under Title IX. … We hold only that the duty to take reasonable steps is clearly established. For the foregoing reasons, we AFFIRM the District Court’s order denying qualified immunity to the defendants.

Bazzi v. City of Dearborn

658 F.3d 598 · Court of Appeals for the Sixth Circuit · Sep 29, 2011

clearly established.” … Bazzi’s Fourth Amendment rights were clearly established when the seizure occurred.