Case law

Raul Jose Valencia v. Garry D. Wiggins

981 F.2d 1440 · Court of Appeals for the Fifth Circuit · Jan 18, 1993

Concluding *1442 that the district court's findings of fact were not clearly erroneous, we find the jail official not entitled to qualified immunity. … are alleged to have violated.” 34 Whether a defendant asserting qualified immunity may be personally liable turns on the objective reasonableness of the defendant’s actions assessed in light of clearly established law. 35

Hardin v. Hayes

957 F.2d 845 · Court of Appeals for the Eleventh Circuit · Apr 9, 1992

Baldwin County Bd. of Educ., 908 F.2d 1499 , 1503 (11th Cir.1990). 13 Qualified immunity shields government officials performing discretionary functions from civil damages "insofar as their conduct does not violate clearly … Accordingly, he is entitled to qualified immunity. 27 Based upon the foregoing facts, Sheriff Hayes is likewise entitled to summary judgment based on qualified immunity.

Forman v. Richmond Police Department

104 F.3d 950 · Court of Appeals for the Seventh Circuit · Jan 15, 1997

Smith is entitled to qualified immunity if he “could have believed [Forman’s arrest] to be lawful, in light of clearly established law and the information [he] possessed.” … Smith was clearly entitled to qualified immunity. Lt.

Robert N. Creamer, Cross-Appellee v. Officer Lewis Porter, Officer J.L. Sampson and Officer R. Johnson, Cross-Appellants, Deputy David Austin

754 F.2d 1311 · Court of Appeals for the Fifth Circuit · Mar 15, 1985

We next consider the police officers’ defense that they are entitled to a qualified immunity for their actions. … in the qualified immunity defense. .

Patricia Mueller v. Douglas Tinkham

Court of Appeals for the Eighth Circuit · Dec 16, 1998

his actions violated a clearly established right. … Qualified immunity protects "state actors from personal liability where their actions, though unlawful, are nevertheless objectively reasonable in light of the clearly established law." Rogers, 133 F.3d at 1119.

Bines v. Kulaylat

215 F.3d 381 · Court of Appeals for the Third Circuit · Jun 12, 2000

He also asks us to determine in the first instance whether he is entitled to qualified immunity. II. Discussion A. … The Qualified-Immunity Claim In addition to seeking interlocutory review of his good-faith defense, Ku-laylat also invites us to consider his claim to qualified immunity.

Schroeder v. McDonald

55 F.3d 454 · Court of Appeals for the Ninth Circuit · May 19, 1995

The defense 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 … The qualified immunity test requires a two-part analysis: “(1) Was the law governing the official’s conduct clearly established? (2) Under that law, could a reasonable officer have believed the conduct was lawful?”

Miller v. Administrative Office of the Courts

448 F.3d 887 · Court of Appeals for the Sixth Circuit · May 23, 2006

Whether, considering the allegations in a light most favorable to Miller, her termination violated a “clearly established” constitutional right The second step of the qualified immunity analysis is … to determine whether the constitutional right that was violated was “clearly established.”

Hill v. Taconic Development Disabilities Services Office

82 F. App'x 254 · Court of Appeals for the Second Circuit · Dec 5, 2003

Because established law clearly prohibits hostile work environments based on race, see Whidbee v. … Instead, defendants insist that they are entitled to qualified immunity because it is not clearly established that a mid-level supervisor’s failure to support the supervisory authority of his subordinate — even if motivated

Estrada v. Rhode Island

594 F.3d 56 · Court of Appeals for the First Circuit · Feb 4, 2010

“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 … the right was ‘clearly established’ *63 at the time of the defendant’s alleged violation.”

Kingsland v. City of Miami

369 F.3d 1210 · Court of Appeals for the Eleventh Circuit · May 11, 2004

Qualified Immunity 1. General Principles If the defendant officers are entitled to qualified immunity, we must affirm summary judgment in their favor. … “Qualified immunity offers complete protection for government officials sued in their individual capacities if their conduct ‘does not violate clearly established statutory or constitutional rights of which a reasonable person

Tony Mark v. Paul Groff

521 F.2d 1376 · Court of Appeals for the Ninth Circuit · Sep 2, 1975

A remand for further proceedings is necessary because “the scope of that immunity will necessarily be related to facts as yet not established” below. Scheuer, supra, 416 U.S. at 243 , 94 S.Ct. at 1689 . … Matteo for determining when absolute immunity applies, is also relevant to a determination of qualified immunity.

Ramirez v. Oklahoma Department of Mental Health

41 F.3d 584 · Court of Appeals for the Tenth Circuit · Nov 28, 1994

Under the doctrine of qualified immunity, “government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory … Clearly Established Right Analysis Following the Harlow analysis on qualified immunity, we feel it clear that as to the first prong the defendants Goodner, Le-Flore, Pendergrass and Prigmore were “government officials performing

Clem v. Corbeau

284 F.3d 543 · Court of Appeals for the Fourth Circuit · Mar 25, 2002

immunity from suit. 30 Again, the standard is one of objective reasonableness: "whether a reasonable officer could have believed [the conduct at issue] to be lawful, in light of clearly established law and the information … Anderson, 483 U.S. at 640 , 107 S.Ct. 3034 . 32 Accordingly, a constitutional right is clearly established for qualified immunity purposes not only when it has been "specifically adjudicated" but also when it is "manifestly

Thomas v. Roach

165 F.3d 137 · Court of Appeals for the Second Circuit · Jan 7, 1999

Claims Against The Police Officers 18 The doctrine of 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 … immunity. 24 Thomas alleged the violation of a clearly-established constitutional right when he alleged that the police used excessive force when arresting him.

Moore v. Guthrie

438 F.3d 1036 · Court of Appeals for the Tenth Circuit · Feb 22, 2006

The first prong of an assertion to defeat a qualified immunity defense requires there to have been a violation of a clearly established constitutional right. Siegert v. Gilley, 500 U.S. 226, 231 (1991). … -11-  As required under the second prong to defeat a qualified immunity defense, Plaintiff argues that his violated right was clearly established at the time of his injury

Singh v. Magee

1 F. App'x 713 · Court of Appeals for the Ninth Circuit · Jan 12, 2001

In order for an official to be stripped of his or her qualified immunity, “the right the official is alleged to have violated must have been ‘clearly established’ [so that] ... … Singh has failed to present any authority, or any evidence, to support his contention that either Marian or Morales has violated any of his clearly established constitutional rights.

Bowers v. National Collegiate Athletic Ass'n

475 F.3d 524 · Court of Appeals for the Third Circuit · Feb 1, 2007

Thus, taking all reasonable inferences in Bowers’ favor, we find genuine issues of material fact remain as to whether Bowers was a “qualified individual with a disability” at the relevant time period for establishing liability … This second factor clearly weighs in favor of immunity.

Jeffrey E. Johnson Bruce Howard Shore, in No. 97-3581 v. Martin F. Horn Raymond J. Sobina, in No. 97-3582

150 F.3d 276 · Court of Appeals for the Third Circuit · Oct 16, 1998

to qualified immunity on those claims is moot. … are entitled to qualified immunity.

John English v. Dennis Dyke Terry Pitcher Pamela Withrow and Linda Flanagan

23 F.3d 1086 · Court of Appeals for the Sixth Circuit · May 13, 1994

The second motion, based on qualified immunity, asked the court to decide whether' defendants’ • alleged actions violated plaintiffs rights under clearly established law. … The basis of defendants’ qualified immunity defense was that plaintiff failed to state a claim.