Case law

Moldowan v. City of Warren

573 F.3d 309 · Court of Appeals for the Sixth Circuit · Jul 23, 2009

Defendants’ Qualified Immunity Claims Generally speaking, the rationale underlying the qualified immunity doctrine is that, “where an official’s duties legitimately require action in which clearly established rights are not … qualified immunity.

Georgia Nunez v. Gary F. Davis

169 F.3d 1222 · Court of Appeals for the Ninth Circuit · Mar 12, 1999

To preclude a state official from receiving qualified immunity for dismissing a public employee in violation of her First Amendment rights, Nunez must show that her asserted right was clearly established and that her employer … This being the case, there were no factors weighing in Davis’s favor, and thus Nunez’s right at issue was clearly established.

Carroll White v. Burdette Searcey

696 F.3d 740 · Court of Appeals for the Eighth Circuit · Oct 15, 2012

“Qualified immunity shields government officials from liability in a § 1983 action unless the official’s conduct violates a clearly established constitutional or statutory right of which a reasonable person would have known … was clearly established in 1989.

"Tony" L. ex rel. Simpson v. Childers

71 F.3d 1182 · Court of Appeals for the Sixth Circuit · Dec 20, 1995

Similarly, the court held that no legal authority clearly established that CAPTA creates enforceable rights. Id. at 227. Plaintiffs appeal the district court’s grant of qualified immunity on both claims. … Thus, we need not reach the question of whether such rights were clearly established for purposes of qualified immunity. We AFFIRM. .

Ronald Ketcham v. City of Mount Vernon

992 F.3d 144 · Court of Appeals for the Second Circuit · Mar 29, 2021

To demonstrate entitlement to qualified immunity, the officers must 8 show that their actions did not violate clearly established law, or that it was 9 objectively reasonable for them to believe that their actions … established law.

Sam Wolk v. David Hutchinson

Court of Appeals for the Eighth Circuit · Jul 12, 2024

The Supervisory Defendants contend on appeal that Wolk’s claims are barred by qualified immunity, citing the lack of a clearly established constitutional violation. See Baude v. … Wolk has not shown it was clearly established as of April 2021 that officers effect a seizure when they use force to disperse protestors.

Bruce v. Riddle

631 F.2d 272 · Court of Appeals for the Fourth Circuit · Sep 10, 1980

The early American cases sometimes cited as supporting this doctrine were not clearly grounded on absolute legislative immunity, but were concerned for the most part with types of qualified immunity, .distinctions in governmental … immunity while individuals acting as executives are entitled to only qualified immunity-the scope depending on the nature of their activities.

Hammons v. Saffle

348 F.3d 1250 · Court of Appeals for the Tenth Circuit · Nov 13, 2003

Since Hammons failed to show that his clearly established First Amendment rights were violated, this court affirms the district court’s holding that Saffle is entitled to qualified immunity. 1 See Saucier v. … Qualified immunity shields government officials from suit if the officials’ conduct does not violate clearly established rights of which a reasonable official would have known. Harlow v.

McKinley Lue v. Dick Moore Teresa Thornburg Jerry Hudson, Sue Labuary William O'Brien J.J. Shaw Milton Rucker Robin Webb Christine Eaves Bill Wirtel Forest Wright James Rhorer, Michael Kemna Ellis McSwain Dr. Bonner, McKinley Lue v. Dick Moore Teresa Thornburg Jerry Hudson Sue Labuary William O'Brien J.J. Shaw Milton Rucker Robin Webb Christine Eaves Bill Wirtel Forest Wright James Rhorer Michael Kemna Ellis McSwain Dr. Bonner

43 F.3d 1203 · Court of Appeals for the Eighth Circuit · Dec 29, 1994

See id. at 814 , 102 S.Ct. at 2736 (discussing policy reasons for qualified immunity defense). 5 Qualified immunity shields the defendants from liability unless they violated Lue's clearly established rights under the Act … Lue thus has not raised a genuine issue of material fact about whether the defendants violated his clearly established rights, and the defendants are entitled to summary judgment on the grounds of qualified immunity. 6 We

Jatin Patel v. Kevin Searles and Debra Swanson

305 F.3d 130 · Court of Appeals for the Second Circuit · Sep 30, 2002

Defendants respond that they are entitled- to judgment on the basis of the affirmative defense of qualified immunity. … IV Qualified Immunity Finally, we consider whether defendants are entitled to the protection of qualified immunity.

Brown v. City of Fort Lauderdale

171 F.3d 1329 · Court of Appeals for the Eleventh Circuit · Apr 8, 1999

The question of qualified immunity rests on whether the law is "clearly established" and whether the facts alleged violate that law. … Whether the facts alleged violate clearly established law is a purely legal question.

Clegg v. Arkansas Department of Correction

496 F.3d 922 · Court of Appeals for the Eighth Circuit · Aug 13, 2007

Clegg claims that the district court erred in its grant of qualified immunity to these two defendants on the discrimination claims. We review a district court’s grant of qualified immunity de novo. Samuelson v. … “Qualified immunity protects ‘government officials performing discretionary functions ... from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of

Lori Ann Huebner v. Ric Bradshaw

935 F.3d 1183 · Court of Appeals for the Eleventh Circuit · Aug 22, 2019

unlawful that McDonough should be denied qualified immunity. … established” step of the qualified- immunity analysis.

Hansen v. Cannon

122 F. App'x 265 · Court of Appeals for the Seventh Circuit · Nov 29, 2004

Second, was that right clearly established? Id. … Of course our order today does not establish Wolfe’s liability; we have decided only that the facts viewed in the light most favorable to the Hansens would establish a violation of a clearly established Fourth Amendment right

Febus-Rodriguez v. Betancourt-Lebron

14 F.3d 87 · Court of Appeals for the First Circuit · Jan 19, 1994

Qualified Immunity Qualified immunity shields government officials performing discretionary functions from civil damages "insofar as -6- … 6 their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known."

Jack C. Gaines v. James H. Davis, Mike Steinhauser, Movant-Appellant

928 F.2d 705 · Court of Appeals for the Fifth Circuit · May 15, 1991

Davis and Steinhauser argued that as municipal officers they enjoyed qualified immunity from suit, including immunity from the discovery process. … Public officials enjoy qualified immunity if “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”

Laurie Range v. Kenneth Douglas

763 F.3d 573 · Court of Appeals for the Sixth Circuit · Aug 15, 2014

Qualified Immunity for Kersker and Dr. … To determine whether qualified immunity applies, we ask whether 1) “considering the allegations in a light most favorable to the party injured, a constitutional right has been violated,” and 2) “that right was clearly established

Kathryn Pollard v. City of Columbus, Ohio

780 F.3d 395 · Court of Appeals for the Sixth Circuit · Mar 5, 2015

Because a municipality is not entitled to qualified immunity, Owen v. … Thus, there is a clear connection between the City’s appeal and the officers’ claims of qualified immunity.

Lia Xiong v. Michael Wagner

700 F.3d 282 · Court of Appeals for the Seventh Circuit · Oct 19, 2012

In determining whether qualified immunity applies, “a court considers (1) whether the plaintiff’s allegations show that the defen- dant violated a constitutional right, and (2) whether that right was ‘clearly established’ … Thus, as long as RCHSD workers “could have believed [Thor’s removal] to be lawful, in light of clearly established law and the information [they] possessed,” defendants are entitled to qualified immunity. Id.

Curtis W. Morrison v. Judge Willie Lipscomb and Judge Harold Ryan, Judge Adam Shakoor and Does I Thru V

877 F.2d 463 · Court of Appeals for the Sixth Circuit · Jun 8, 1989

A government official performing a discretionary function is entitled to qualified immunity from a suit for damages if the official has not violated “clearly established constitutional rights of which a reasonable official … We AFFIRM, on the basis of qualified immunity, the dismissal of defendant Shakoor. . Mich. Comp.