Case law

Cynthia A. FORRESTER, Plaintiff-Appellant, v. Judge Howard Lee WHITE, Defendant-Appellee

846 F.2d 29 · Court of Appeals for the Seventh Circuit · May 5, 1988

It is not clear to us whether the respondent raised the defense of qualified immunity in the lower court, since the terms “absolute immunity” and “judicial immunity” were used interchangeably throughout the record. … In a similar vein, this Court noted earlier: The words ‘clearly established ... constitutional rights’ may not be used to read the defense of immunity out of federal tort law by the facile expedient of stating constitutional

Boyer v. County of Washington

971 F.2d 100 · Court of Appeals for the Eighth Circuit · Aug 20, 1992

Finally, DeClue asserts that notwithstanding any factual dispute, she is entitled to qualified immunity because the law is not clearly established that the Fourth Amendment requires determination of probable cause before … Likewise, because qualified immunity is "an immunity from suit rather than a mere defense to liability," the denial of a claim of qualified immunity is also immediately appealable. Id. at 526-27 , 105 S.Ct. at 2815-16 .

Anthony Gibson v. Jeffrey Kilpatrick

Court of Appeals for the Fifth Circuit · Jan 2, 2015

was clearly established. … Qualified Immunity A.

Curry v. City Of Syracuse

316 F.3d 324 · Court of Appeals for the Second Circuit · Jan 15, 2003

claim. 38 [G]overnment officials performing discretionary functions generally are granted a qualified immunity and are shielded from liability for civil damages insofar as their conduct does not violate clearly established … [was] clearly established at the time of the incident." Lennon v.

Big Cats of Serenity Springs, Inc. v. Rhodes

843 F.3d 853 · Court of Appeals for the Tenth Circuit · Dec 12, 2016

immunity because the violation was not clearly established under federal law. … Clearly Established Under qualified immunity, even if the inspectors violated the Fourth Amendment, they are entitled to immunity if no clearly established law would have informed them that a warrantless forcible

Ralph Thomas v. Frank O. Gunter Karen Shortridge, Superintendent Robert Houston, Associate Superintendent

32 F.3d 1258 · Court of Appeals for the Eighth Circuit · Aug 11, 1994

The Court held that only qualified immunity applied to prison officials. … The proper inquiry in the present case, therefore, is whether the free exercise of religion within a penal setting is a clearly established right. It has been “clearly established,” since Cruz v.

Curry v. City of Syracuse

316 F.3d 324 · Court of Appeals for the Second Circuit · Jan 15, 2003

[G]overnment officials performing discretionary functions generally are granted a qualified immunity and are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory … We further conclude that Lynch has not established that he is entitled to summary judgment on the basis of qualified immunity on any of Curry’s claims.

Nadiya Williams-Boldware v. Denton County Texas

741 F.3d 635 · Court of Appeals for the Fifth Circuit · Jan 31, 2014

They also moved to dismiss based upon qualified immunity. The district court ordered Williams-Boldware to file a Rule 7 reply on the issue of qualified immunity. … If the answer is in the affirmative, we then ask whether the official’s actions were objectively reasonable in light of the clearly established right.” Id.

Chalkboard, Inc. Karen M. Hoyt v. Susan Brandt Boyd Dover Lucinda Blair Andy Harclerode Sherry Meredith Lloyd Novick Douglas X. Patino Darwin Cox

902 F.2d 1375 · Court of Appeals for the Ninth Circuit · May 11, 1990

While the right to due process is clearly established under the fourteenth amendment, the issue of qualified immunity cannot be resolved at such a high level of generality. Anderson v. … Defendants accordingly failed to establish that they were entitled to judgment as a matter of law on the ground of qualified immunity.

Allan Josephson v. Toni Ganzel

115 F.4th 771 · Court of Appeals for the Sixth Circuit · Sep 10, 2024

“Qualified immunity shields government officials in the performance of discretionary functions from standing trial for civil liability unless their actions violate clearly established rights.” McDonald v. … We therefore proceed to the next step in our qualified-immunity analysis. See McDonald, 814 F.3d at 812. B. Were Josephson’s Rights Clearly Established?

Fraternal Order of Police, Lodge 1 v. City of Camden

842 F.3d 231 · Court of Appeals for the Third Circuit · Nov 17, 2016

The doctrine of qualified immunity “shields government officials from civil damages liability unless the official violated a statutory or constitutional right that was clearly established at the time of the challenged conduct … .”74 In assessing qualified immunity claims, we conduct a two-part inquiry.

61 Fair empl.prac.cas. (Bna) 21, 60 Empl. Prac. Dec. P 41,834 Lee Woodward, Trustee in Bankruptcy, for the Estate of Janice Butler Melinda Molina Beverly Desomber v. The City of Worland, Wyoming Washakie County, Wyoming Joint Powers Board, and Ralph Seghetti, Personally and in His Capacity as Sheriff of Washakie County Allen Tolley, Personally and in His Capacity as Chief of Police for the City of Worland Andy Williams, Personally and in His Capacity as an Officer for the City of Worland Police Department R.D. Sackett, Personally and in His Capacity as Undersheriff for Washakie County Gary Mitchell, Personally and in His Capacity as a Sergeant With the Washakie County Sheriff's Department

977 F.2d 1392 · Court of Appeals for the Tenth Circuit · Dec 15, 1992

The Supervisors therefore should have been granted qualified immunity on this claim because their conduct did not violate any clearly established law constituting constructive discharge. 2. … constructive discharge claim, but they have not established qualified immunity as to the constructive discharge claims of Molina and DeSomber; Williams, Sackett and Mitchell are entitled to qualified immunity on all of the

Valdez v. City And County Of Denver

878 F.2d 1285 · Court of Appeals for the Tenth Circuit · Aug 16, 1989

established" law. … Moreover, in most instances what is "clearly established" would be subject to differing views. See Garcia v.

Gonzalez-Alvarez v. Rivero Cubano

426 F.3d 422 · Court of Appeals for the First Circuit · Oct 17, 2005

immunity defense, he must show [1] that his allegations, if true, establish a constitutional violation; [2] that the right was clearly established; and [3] that a reasonable official would have known that his actions … used the same approach to assert qualified immunity in Alfonso-Delgado v.

Johnson v. Caudill

Court of Appeals for the Fourth Circuit · Feb 2, 2007

Because a reasonable official in Sheriff Caudill’s posi- tion would not have considered the termination to violate Johnson’s clearly established constitutional rights, however, we find Sheriff Caudill entitled to qualified … , which depends on whether [he] violated clearly established constitutional rights and whether he reasonably should have so known."

Howard L. Bingham v. City of Manhattan Beach Ernest Klevesahl, Jr. Hodgen Crossett Does, 1-10, Inclusive, and Robert Schreiber, Howard L. Bingham v. City of Manhattan Beach Ernest Klevesahl, Jr., and Robert Schreiber Hodgen Crossett

329 F.3d 723 · Court of Appeals for the Ninth Circuit · May 19, 2003

He posits a novel twist to the "clearly established" inquiry, contending that because it is not clearly established that damages may be obtained under § 1983 for an unlawful traffic stop, qualified immunity should apply. … Rather, in determining whether qualified immunity is available, those cases merely inquire whether the right at issue was clearly established in law.

Hampton v. Marion

98 F. App'x 410 · Court of Appeals for the Sixth Circuit · Apr 29, 2004

Officials are entitled to qualified immunity from liability for civil damages so long as their conduct does not violate clearly established constitutional rights of which a reasonable person would have known. … The courts must analyze individual claims of qualified immunity on a case-by-case basis, to determine if the plaintiffs constitutional rights were so clearly established at the time of the alleged misconduct that any official

Borello, Ronald T. v. Allison, Richard

Court of Appeals for the Seventh Circuit · May 11, 2006

violated any of [the plaintiff’s] clearly established constitutional rights.’ ” Id. … Because Defendant has not shown that his constitutional rights were violated, we need not move to the second step of the qualified immunity analysis: whether those rights were clearly established at the time of the attack

Perry v. Sheahan

222 F.3d 309 · Court of Appeals for the Seventh Circuit · Jul 21, 2000

Because the conduct alleged in the complaint would violate the clearly-established right against unreasonable seizures, we reverse the district court's dismissal of the damages claims on the grounds of qualified immunity. … is limited to the rejection of the officers' defense of qualified immunity.

Hartman v. County of Nassau

350 F. App'x 477 · Court of Appeals for the Second Circuit · Oct 1, 2009

“Qualified immunity shields government officials performing discretionary functions ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which … But the Supreme Court has “expressly rejected a requirement that previous cases be ‘fundamentally similar’ ” in order for the law to be clearly established. Hope v.