Case law

Miller v. Sanilac County

606 F.3d 240 · Court of Appeals for the Sixth Circuit · Jun 4, 2010

But under § 1983, an arresting agent is entitled to qualified immunity if he or she could reasonably (even if erroneously) have believed that the arrest was lawful, in light of clearly established law and the information … This right was “clearly established” for qualified immunity purposes at the time of Miller’s arrest. Id. at 401 .

Robin Allman v. Kevin Smith

790 F.3d 762 · Court of Appeals for the Seventh Circuit · Jun 24, 2015

was   “clearly   established”   before   the   official   acted.   … Selch   and   other   decisions   we   have   men-­‐‑ tioned  clearly  establish  that  a  person  whose  main  duties  are   managing  a  clerical  staff  that  handles  customer  complaints— who   has   limited   operational

Lundblad v. Celeste

874 F.2d 1097 · Court of Appeals for the Sixth Circuit · May 4, 1989

It is now firmly established that some government officials in the course of performing official duties are entitled to a qualified immunity from suit for civil damages. … We merely hold that no such extension was “clearly established” in 1983 and that defendants are, therefore, entitled to qualified immunity from civil damages for first amendment violations under § 1983 as interpreted by Harlow

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 .

Holmes v. Georgia ex rel. Strickland

503 F. App'x 870 · Court of Appeals for the Eleventh Circuit · Jan 15, 2013

Qualified immunity protects government officials performing discretionary functions from liability in their individual capacity if their conduct “does not violate clearly established statutory or constitutional rights of … Once a defendant establishes this, the plaintiff has the burden of establishing that qualified immunity is not appropriate. Vinyard v. Wilson, 311 F.3d 1340, 1346 (11th Cir.2002).

Tony Jeffers v. Debbie Heavrin

10 F.3d 380 · Court of Appeals for the Sixth Circuit · Nov 23, 1993

The district judge concluded that Heavrin was entitled to qualified immunity, and now we must pass the judgment we earlier reserved. … We proceed nonetheless for two reasons: (1) the district court may have erroneously thought its qualified immunity ruling disposed of all claims, and (2) we endeavor to serve judicial economy by resolving the qualified immunity

Lewis v. Sacramento County

98 F.3d 434 · Court of Appeals for the Ninth Circuit · Oct 9, 1996

Whether a government official “is entitled to qualified immunity turns on a two part inquiry: ‘(1) Was the law governing the official’s conduct clearly established? … “An officer is not entitled to qualified immunity on the grounds that the law is not clearly established every time a novel method is used to inflict injury.” Mendoza, 27 F.3d at 1360 .

Robert L. Hoffman v. Luigi A. Reali

973 F.2d 980 · Court of Appeals for the First Circuit · Aug 27, 1992

Qualified Immunity The general rule of qualified immunity, as set out by the Supreme Court in Harlow v. … Unless the plaintiff’s allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery, because qualified immunity is

Beedle v. Wilson

422 F.3d 1059 · Court of Appeals for the Tenth Circuit · Sep 2, 2005

When faced with a qualified immunity defense, the plaintiff must establish “(1) that the defendant’s actions violated a federal constitutional or statutory right; and (2) that the right violated was clearly established … In concluding defendants in this case were entitled to qualified immunity, the district court noted in part that “it was not clearly established at the time [the Hospital] filed its claim for libel against [Mr.]

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

Floyd D. Arrington v. County of Dallas, Jack Richardson, Timothy Hammond v. County of Dallas, Jack Richardson and Rick Richardson

970 F.2d 1441 · Court of Appeals for the Fifth Circuit · Nov 12, 1992

clearly established statutory or constitutional rights of another. … We must, therefore, determine whether the conduct alleged, if proved, violated any of the plaintiffs’ statutory or constitutional rights clearly established at the time of the conduct.

James Arlio v. Marlin J. Lively

474 F.3d 46 · Court of Appeals for the Second Circuit · Jan 17, 2007

While we find Lively’s qualified immunity argument mer-itless, we agree with his second contention. *51 I. Qualified Immunity We review a denial of qualified immunity de novo. Anderson v. … As the evidence was clearly sufficient to permit a reasonable juror to adopt Arlio’s view of the facts, Lively was not entitled to judgment as a matter of law on his qualified immunity defense. II.

Elvan Moore v. Kevin Pederson

Court of Appeals for the Eleventh Circuit · Sep 16, 2015

But because the law on this point was not clearly established in this Circuit before our decision today, we affirm the district court’s entry of summary judgment on qualified- immunity grounds to Defendant-Appellee Deputy … But since the law was not clearly established on this point when Pederson arrested Moore, the district court did not err when it granted qualified immunity to Pederson and denied summary judgment to Moore.

William L. Manion, M.D. v. George Evans, M.D., Lima Memorial Hospital and Gregory Turner

986 F.2d 1036 · Court of Appeals for the Sixth Circuit · Feb 26, 1993

Qualified immunity is "immunity from suit rather than a mere defense to liability; and like an absolute immunity, it is effectively lost if a case is erroneously permitted to go to trial." Mitchell v. … We recognize that this threat of piecemeal appeals also exists in the context of public official qualified immunity, since there is no qualified immunity from declaratory or injunctive actions. Spruytte v.

Barry B. George v. Gary W. Kay

632 F.2d 1103 · Court of Appeals for the Fourth Circuit · Sep 17, 1980

George argues on appeal that the district court erred in granting a lower level federal official any immunity from a state tort suit; that, if any immunity is available it should be the qualified immunity allowed in Butz … established therein), we refuse to remand for the consideration of that motion.

Tamara Epperson v. Dan Smith

Court of Appeals for the Fourth Circuit · Nov 10, 2020

Smith and Coleman appeal the denial of qualified immunity, raising three arguments. … But, not all orders denying claims for qualified immunity at the summary judgment stage are immediately appealable. Id.

Elizabeth Doyle v. Camelot Care Centers, Incorporated, a Delaware Corporation, Jess McDonald Director of the Illinois Department of Children and Family Services, in His Individual Capacity, Edward Cotton, Director of the Division of Child Protection for Dcfs, in His Individual Capacity, Pearce Konold v. Central Baptist Children's Home & Family Services, a Not-For-Profit Corporation, Hudelson Baptist Children's Home, a Not-For-Profit Corporation, and Jess McDonald Director of the Illinois Department of Children and Family Services (Dcfs), in His Individual Capacity

305 F.3d 603 · Court of Appeals for the Seventh Circuit · Aug 30, 2002

Konold's claims that Cavarretta, Lee TT and Valmonte clearly established the unconstitutionality of the credible evidence standard. … that the conduct of the DCFS employees in this case violated clearly established rights.

Beryl Eugene v. Alief Independent School District, Paula Conley and R.F. Griffin, Individually and in Their Official Capacities

65 F.3d 1299 · Court of Appeals for the Fifth Circuit · Dec 4, 1995

QUALIFIED IMMUNITY The district court erred in holding that Conley and Griffin were entitled to qualified immunity. … However, qualified immunity does not shield a public official whose conduct violates clearly-established constitutional rights, if a reasonable person would have known that such conduct was unconstitutional. Harlow v.

Goldstein v. Moatz

364 F.3d 205 · Court of Appeals for the Fourth Circuit · Apr 14, 2004

Qualified immunity will bar a civil action against a government official unless the plaintiff has alleged the deprivation of a constitutional right that was clearly established at the time of the alleged violation. … When an official is cloaked with absolute immunity, it is not necessary to determine whether the plaintiff has a clearly established legal right because, even if he does, no relief is forthcoming.”); Kenyatta v.

Nathson Fields v. Lawrence Wharrie

740 F.3d 1107 · Court of Appeals for the Seventh Circuit · Jan 23, 2014

But Wharrie remains protected by qualified immunity, see Buckley, 509 U.S. at 275–76, which “is available unless the acts violated ‘clearly established’ constitutional norms,” Buckley, 1 Sumner recanted his testimony after … 20 F.3d at 794–95; and (2) a prosecutor’s fabrication of evidence against a suspect during an investiga- tion is covered by qualified immunity because it doesn’t violate clearly established constitutional rights, see id.