Case law

Douglas Asphalt Co. v. Qore, Inc.

541 F.3d 1269 · Court of Appeals for the Eleventh Circuit · Sep 2, 2008

were clearly established at the time the officer acted. … Having found no constitutional violation, we do not reach the clearly established prong of the qualified immunity analysis.

Natasha A. Dunn, Individually, and Katia S. Dunn, a Minor by Her Parent and Next Friend, Natasha A. Dunn v. City of Elgin, Illinois, Jason A. Lentz, Keith B. Chrastka, and Mona S. McKinley

347 F.3d 641 · Court of Appeals for the Seventh Circuit · Nov 18, 2003

However, we also find that the Defendants are entitled to qualified immunity because the unconstitutional nature of their actions was not clearly established prior to this case. 17 Both absolute and qualified immunity provide … Qualified immunity protects governmental officers performing discretionary functions "insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have

Greer v. Dowling

947 F.3d 1297 · Court of Appeals for the Tenth Circuit · Jan 22, 2020

Cir. 2016) (refusing to affirm on qualified immunity based on a failure to show the violation of a clearly established kosher foods: (1) cruel and unusual punishment, (2) conspiracy, (3) retaliation, and (4) deprivation … See Part III, below. 9 right because the defendants had not argued that they “were entitled to qualified immunity on clearly established law grounds”). III. Mr.

Virginia Viilo v. Kevin Eyre

Court of Appeals for the Seventh Circuit · Oct 27, 2008

Qualified immunity protects government officials from liability for civil damages if their actions did not violate “clearly established statutory or constitutional rights of which a reasonable person would have known.” … immunity, and (2) the issue appealed concerned not which facts the parties might be able to prove, but rather whether or not those facts showed a violation of clearly established law.

David Lee Carter v. Michael Dutton

16 F.3d 1218 · Court of Appeals for the Sixth Circuit · Jan 21, 1994

However, the court determined that Warden Dutton was entitled to qualified immunity on the claim for monetary damages. … Whether an official is protected by qualified immunity turns on the "objective legal reasonableness" of the action, assessed in light of the legal rules that were "clearly established" at the time the action was taken.

Crawford v. Davis

109 F.3d 1281 · Court of Appeals for the Eighth Circuit · Mar 27, 1997

These defendants will merit qualified immunity unless their alleged conduct violated "clearly established statutory or constitutional rights," Harlow v. … Crawford's clearly established statutory and constitutional rights under the circumstances. With respect to Ms.

Fuller v. M.G. Jewelry

950 F.2d 1437 · Court of Appeals for the Ninth Circuit · Dec 11, 1991

The court found that even if no probable cause existed for the search, the officers were entitled to qualified immunity because it was not clearly established at the time of arrest that such a search would be unconstitutional … Even absent probable cause, qualified immunity is available if a reasonable police officer could have believed that his or her conduct was lawful, in light of clearly established law and the information the searching officers

Ralph Walters v. Western State Hospital, Ft. Supply, Oklahoma, and Patrick W. Dudley, M.D., and E.B. Lasmarias, M.D.

864 F.2d 695 · Court of Appeals for the Tenth Circuit · Dec 29, 1988

The district court held as a matter of law that Walters’ constitutional rights were clearly established when he was involuntarily admitted to Western in April 1981, and therefore the physicians were not immune from suit for … But the rule, if there was one, violates the law, as clearly set forth in the Oklahoma statute above quoted. Harlow and Anderson require application of an objective standard for measuring qualified immunity.

Holloway v. Reeves

277 F.3d 1035 · Court of Appeals for the Eighth Circuit · Jan 24, 2002

The defendant board members maintained that they were entitled to qualified immunity. 5 We review a rejection of a qualified immunity defense de novo. Burnham v. Ianni, 119 F.3d 668 , 673 (8th Cir. 1997) (en banc). … "Qualified immunity shields state officials from civil liability when 'their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.' " Doe v.

Tindal v. Montgomery County Commission

32 F.3d 1535 · Court of Appeals for the Eleventh Circuit · Sep 27, 1994

A Qualified immunity shields government officials performing discretionary functions, but only to the extent that those officials’ actions do not violate clearly established statutory or constitutional rights of which a reasonable … Thus, in order to defeat Butler’s claimed entitlement to qualified immunity, Tindal must proffer evidence that — when viewed in the light most favorable to her— demonstrates not only that Butler violated her clearly established

Grant Haze, III v. Donnie Harrison

961 F.3d 654 · Court of Appeals for the Fourth Circuit · Jun 8, 2020

Finally, Defendants maintain that qualified immunity protects them from liability on this claim. … “Qualified immunity protects officers who commit constitutional violations but who, in light of clearly established law, could reasonably believe that their actions were lawful.” Henry v.

Andrew F. Glick v. Jerome Koenig

766 F.2d 265 · Court of Appeals for the Seventh Circuit · Jun 13, 1985

Glick could have overcome Poppy’s qualified immunity for any alleged impropriety relating to setting the trial date only by demonstrating that any constitutional rights that were violated “were clearly established at the … Glick failed to overcome Koenig’s qualified immunity by demonstrating that Koenig violated clearly established constitutional rights.

Berge v. School Committee of Gloucester

107 F.4th 33 · Court of Appeals for the First Circuit · Jul 15, 2024

Shifting then from qualified immunity's step one (constitutional rights violation) to step two (clearly established law), we also think it follows naturally from the above cases that Berge has plausibly … pled a violation of a clearly established right to publish on a topic of public interest when the violators acted (as a reminder, but using a different case quote, a right is "clearly established" when it is no longer

Jackson Warren v. City of Lincoln, Nebraska James Breen Sandra L. Myers and David M. Beggs

816 F.2d 1254 · Court of Appeals for the Eighth Circuit · Apr 17, 1987

Qualified Immunity. … Once a court determines as a matter of law that a legal standard governing the governmental action at issue was clearly established, there is no qualified immunity.

Frazier v. King

873 F.2d 820 · Court of Appeals for the Fifth Circuit · May 30, 1989

Qualified Immunity. … The defendants are not entitled to qualified immunity if Frazier’s First Amendment rights were “ ‘clearly established’ at the time of [the defendants’] conduct so that a reasonable official would have understood that his

Huminski v. Corsones

386 F.3d 116 · Court of Appeals for the Second Circuit · Oct 7, 2004

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.

Massimino v. Benoit

Court of Appeals for the Second Circuit · Aug 17, 2026

However, because that right was not clearly established at the time in question, Benoit and Laone are entitled to qualified immunity as to Massimino’s First Amendment claim. … However, this right was not clearly established at the time of the challenged incident. Thus, they are entitled to qualified immunity on this claim. A.

Wu v. Thomas

996 F.2d 271 · Court of Appeals for the Eleventh Circuit · Jul 27, 1993

Qualified immunity is no defense to a Title VII action. But defendants could assert qualified immunity once plaintiffs tried to recover damages under section 1983 for the alleged Title VII violation. … "General propositions have little to do with the concept of qualified immunity." Muhammad v. Wainwright, 839 F.2d 1422, 1424 (11th Cir.1987).

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.

The People Of Three Mile Island v. Nuclear Regulatory Commissioners

747 F.2d 139 · Court of Appeals for the Third Circuit · Oct 29, 1984

Fitzgerald: The Lower Courts Implement the New Standard for Qualified Immunity Under Section 1983, 132 U.Pa.L.Rev. 901 (1984). 23 The "clearly established" requirement poses at least two ambiguities. … established so as to defeat qualified immunity. 17 40 As stated in Part II, supra, we do not insist on an exact factual match when a general legal proposition is clearly established.