Case law

Franco v. City of Syracuse

972 F.3d 170 · Court of Appeals for the Second Circuit · Aug 28, 2020

The officers moved for summary judgment on the basis of 7 qualified immunity. … to review a denial of qualified immunity 9 by a district court based on the existence of such a factual dispute.

Suarez Corp. Industries v. McGraw

125 F.3d 222 · Court of Appeals for the Fourth Circuit · Sep 11, 1997

White, 484 U.S. 219, 224 (1988), as well as our own recent holding that an official "who performs an act clearly established to be beyond the scope of his dis- cretionary authority is not entitled to claim qualified immunity … immunity for acts clearly established to be beyond the scope of his authority.

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.

Wendell Shane MacKey v. Dennis Dyke, Assistant Deputy Director of the Bureau of Correctional Facilities, Michigan Department of Corrections

29 F.3d 1086 · Court of Appeals for the Sixth Circuit · Jul 21, 1994

After finding that Mackey had established no constitutional violation, the magistrate judge found that even “[i]f a constitutional violation were stated, defendants would clearly be entitled to qualified immunity.” … trial whether the defendant did acts that violate clearly established rights.

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.

Huminski v. Corsones

396 F.3d 53 · Court of Appeals for the Second Circuit · Jan 18, 2005

Fitzgerald, 457 U.S. 800, 818 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982) (noting that defendants are entitled to qualified immunity "insofar as their conduct does not violate clearly established statutory or constitutional … The defendants are not entitled to qualified immunity with regard to this claim because this right was clearly established at the time that the defendants issued the trespass notices.

Baca v. Cosper

128 F.4th 1319 · Court of Appeals for the Tenth Circuit · Feb 24, 2025

“When a defendant asserts qualified immunity at summary judgment, the burden shifts to the plaintiff to show that: (1) the defendant violated a constitutional right and (2) the constitutional right was clearly established … Baca violated the Fourth Amendment, Officer Cosper is still entitled to qualified immunity unless the Estate shows that the violation was clearly established at the time of the shooting.

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.

Jiggetts v. Cipullo

285 F. Supp. 3d 156 · Court of Appeals for the D.C. Circuit · Jan 5, 2018

rights was not clearly established). … This requirement-that an official loses qualified immunity only for violating clearly established law-protects officials accused of violating "extremely abstract rights." Id.

Lawrence Johnson etc v. Outboard Marine

172 F.3d 531 · Court of Appeals for the Eighth Circuit · Mar 26, 1999

-3- entitled to qualified immunity and dismissed them from the suit. Rumery and Johnson appeal, contesting the court's findings of qualified immunity. II. … We find the issue of qualified immunity is misplaced for two reasons.

Gagan v. Norton

35 F.3d 1473 · Court of Appeals for the Tenth Circuit · Sep 16, 1994

qualified immunity was warranted. … Air Capitol Aircraft Sales, Inc., 820 F.2d 1127 (10th Cir.1987), and the court reporter defendants do in fact assert the defense of qualified immunity, then we note the burden of showing that there was a violation of clearly

Hidden Village, LLC v. City of Lakewood, Ohio

734 F.3d 519 · Court of Appeals for the Sixth Circuit · Oct 30, 2013

statutory right and (2) the right was clearly established when the conduct occurred. … But that decision came out in 2009; it did not clearly establish anything in 2006 or 2007.

Edwards v. Baer

863 F.2d 606 · Court of Appeals for the Eighth Circuit · Dec 19, 1988

This standard is simply concerned with whether the official knew or reasonably should have known that his or her conduct violated a clearly established constitutional right. Harlow v. … Creighton clearly distinguishes the issues of the existence of probable cause and the officer’s entitlement to qualified immunity. 107 S.Ct. at 3039 .

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

Judith Alcocer v. Ashley Mills

906 F.3d 944 · Court of Appeals for the Eleventh Circuit · Oct 9, 2018

An official who asserts entitlement to qualified immunity must first establish that she or he was acting within the scope of his discretionary authority. … Overcoming the official’s qualified-immunity defense requires a plaintiff to establish both that the officer’s conduct violated a constitutionally protected right and that the right was clearly established at the time

Collins v. Jordan

102 F.3d 406 · Court of Appeals for the Ninth Circuit · Dec 4, 1996

Thus, we have jurisdiction to consider Hongisto’s legal contention that he is entitled to qualified immunity because the law was not clearly established that, given the events of the previous day, an order to ban all demonstrations … Such conduct would violate clearly established First and Fourth Amendment rights.

Lacey v. Maricopa County

649 F.3d 1118 · Court of Appeals for the Ninth Circuit · Jun 9, 2011

Wilenchik qualified immunity. … They have thus alleged he violated a clearly established constitutional right by ordering their arrests without probable cause to do so. 5 Wilenchik is not entitled to qualified immunity as to Plaintiffs’ Fourth Amendment

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.

Brian Davis v. Stephen Chalstrom

Court of Appeals for the Seventh Circuit · Dec 23, 2014

 established law.    … First, for Davis to prevail, he must point to  case law clearly establishing that a reasonable inspector would have known that a mere  visual inspection of the outside of a structure, even if done while on the curtilage and