Case law

Denise Green v. City & County of San Francisco

751 F.3d 1039 · Court of Appeals for the Ninth Circuit · May 12, 2014

“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 … In Washington, we denied qualified immunity on a similar set of facts, finding: at the time of [the suspects’] detentions the law was clearly established that, when making a Terry stop, officers may

Lindsay v. Bogle

92 F. App'x 165 · Court of Appeals for the Sixth Circuit · Feb 3, 2004

Wellman, 313 F.3d 963, 969 (6th Cir.2002), the assertion of a qualified-immunity defense (even a contingent qualified-immunity defense) indicates that the defendants were aware they could be held personally hable. … Banks, 344 F.3d 587, 594 (6th Cir.2003) (noting that defendant had not moved for summary judgment on the issue of qualified immunity).

Waltman v. Payne

535 F.3d 342 · Court of Appeals for the Fifth Circuit · Jul 10, 2008

clearly established statutory or constitutional rights of which a reasonable person would have known.”1 Qualified immunity protects “all but the plainly incompetent or those who knowingly violate the law.”2 Once a government … defense, the plaintiff must show: (1) that he has alleged a violation of a clearly established constitutional right, and (2) that the defendant’s conduct was objectively unreasonable in light of clearly established law at

Lenora Daugherty v. Donal Campbell, Alton R. Hesson, Robert W. Starbuck, Funderburk, Rita A. Starbuck, Kevin W. Daniels, Bobby L. Chessor

935 F.2d 780 · Court of Appeals for the Sixth Circuit · Aug 27, 1991

Whether an official may prevail in his qualified immunity defense depends upon the “objective reasonableness of [his] conduct as measured by reference to clearly established law.” … Before the commencement of discovery, a defendant pleading qualified immunity is entitled to dismissal if the plaintiff fails to state a claim of violation of clearly established law.

Leroy Edward Green v. Camilla Maraio and Angelo J. Ingrassia

722 F.2d 1013 · Court of Appeals for the Second Circuit · Nov 7, 1983

The fate of an official with qualified immunity depends upon the circumstances and motivations of his actions, as established by the evidence at trial. Imbler, 424 U.S. at 419 n. 13, 96 S.Ct. at 989 n. 13. … Thus, the complaint itself establishes the circumstances required as a predicate to a finding of qualified immunity and, consequently, there is no reason to require an answer, a hearing or a trial. See Harlow v.

Post v. City of Fort Lauderdale

7 F.3d 1552 · Court of Appeals for the Eleventh Circuit · Nov 9, 1993

Defendants are, at least, entitled to qualified immunity because no facts before us show defendants violated clearly established law. See Lindsey v. … Hurley is entitled to qualified immunity because Hurley’s acts, as established by the record before us, violated no clearly established law. C.

Darby v. Bratch

287 F.3d 673 · Court of Appeals for the Eighth Circuit · Apr 11, 2002

immunity. … The Family and Medical Leave Act creates clearly established statutory rights, including the right to be free of discrimination or retaliation on account of one's exercise of leave rights granted by the statute. 13 Qualified

Kisela v. Hughes

584 U.S. 100 · Supreme Court of the United States · Apr 2, 2018

“Qualified immunity attaches when an official’s conduct does not violate clearly established statutory or constitu- tional rights of which a reasonable person would have known.” White v. Pauly, 580 U. … The Ninth Circuit denied qualified immunity to the officer, concluding that his use of force was objectively unreasonable under clearly established law. Id., at 1285– 1286.

66 Fair empl.prac.cas. (Bna) 451, 61 Empl. Prac. Dec. P 42,195 Linda Langley v. Adams County, Colorado Adams County Board of County Commissioners Elaine T. Valente, Individually and in Her Official Capacity James M. Nelms, Individually and in His Official Capacity Harold E. Kite, Individually and in His Official Capacity Randy Brodersen, Individually and in His Official Capacity Robert D. Millsap, Individually and in His Official Capacity

987 F.2d 1473 · Court of Appeals for the Tenth Circuit · Mar 3, 1993

Once a defendant asserts the affirmative defense of qualified immunity, 4 "[t]he plaintiff carries the burden of convincing the court that the law was clearly established." [Pueblo Neighborhood Health Ctrs., Inc. v.] … Plaintiff has thus met her burden of showing clearly established law governing her First Amendment claim. 21 Defendants assert two factual bases for their qualified immunity defense.

Carver v. Lehman

Court of Appeals for the Ninth Circuit · Dec 22, 2008

Even pre-January 1, 2007, unpublished opinions can be cited and considered, for example, in the context of determin- ing whether the law was established in the context of qualified immunity, Prison Legal News v. … 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 would

Roque v. Harvel

993 F.3d 325 · Court of Appeals for the Fifth Circuit · Apr 1, 2021

those rights were clearly established at the time of the violation “such that the officer was on notice of the unlawfulness of his or her conduct.” 6 The unique nature and purpose of qualified immunity affects … immunity unless his “actions were objectively unreasonable in light of clearly established law at the time of the” shooting. 31 The critical question when ascertaining the clearly established law is “whether the

Nestor Ayala Serrano v. Cruz Lebron Gonzalez

909 F.2d 8 · Court of Appeals for the First Circuit · Jul 18, 1990

In this case, therefore, Lebrón’s qualified immunity claim should fail if, under clearly established law, Ayala had the constitutional right to have a prison guard, who was *14 present at the scene, intervene in the assault … Briggs, 475 U.S. 335, 341 , 106 S.Ct. 1092, 1096 , 89 L.Ed.2d 271 (1986), the Supreme Court clarified the standard of qualified immunity established by Harlow , and noted that a public official defendant is entitled to qualified

Payne ex rel. D.P. v. Peninsula School District

623 F. App'x 846 · Court of Appeals for the Ninth Circuit · Aug 3, 2015

MEMORANDUM ** Jodi Coy appeals the district court’s denial of summary judgment and qualified immunity. We have jurisdiction under 28 U.S.C. § 1291 . Reviewing de novo, Preschooler II v. Clark Cty. Sch. Bd. … Coy is entitled to qualified immunity with respect to Plaintiffs Fourth Amendment claim because, at the time she acted, it would not have been clear to a *848 reasonable official that placing D.P. in the safe room, as part

Martha Hoyt v. Bernard Cooks

672 F.3d 972 · Court of Appeals for the Eleventh Circuit · Feb 27, 2012

“Qualified immunity offers complete protection for government officials sued in their individual capacities as long as their conduct violates no clearly established statutory or constitutional rights of which a reasonable … ’s actions was clearly established at the time of the incident.

Roe v. Sherry

91 F.3d 1270 · Court of Appeals for the Ninth Circuit · Jul 31, 1996

He also contends the officers are not entitled to qualified immunity. DISCUSSION A. … A fundamental inquiry in a qualified immunity analysis is “whether the plaintiff has asserted a violation of a constitutional right at all.” Siegert v.

Gann v. Cline

519 F.3d 1090 · Court of Appeals for the Tenth Circuit · Mar 11, 2008

“The doctrine of qualified immunity shields public officials . . . from damages actions unless their conduct was unreasonable in light of clearly established law.” Elder v. Holloway, 510 U.S. 510, 512 (1994). … do, we examine whether the right was clearly established.

Penthouse International, Ltd. v. Edwin A. Meese, Iii, Attorney General of the United States

939 F.2d 1011 · Court of Appeals for the D.C. Circuit · Sep 24, 1991

did not violate any clearly-established First Amendment right. … If it does not — or at least if the right is not clearly established — the government’s motive is irrelevant.

Michael McReynolds v. Darrell Schmidli

4 F.4th 648 · Court of Appeals for the Eighth Circuit · Jul 13, 2021

The district court concluded that while Schmidli (but not Gentile) had violated McReynolds’ constitutional rights, he was entitled to qualified immunity on the excessive force claim because the right was not clearly established … We reverse the district court’s grant of summary judgment on the basis of qualified immunity to Schmidli because it was clearly established at the time of the incident that the level of force Schmidli asserted against McReynolds

New Jersey v. New York

526 U.S. 589 · Supreme Court of the United States · May 17, 1999

Wakita Doriety v. Matthew Sletten

Court of Appeals for the Fourth Circuit · Jul 29, 2024

‘clearly established’ at the time of the challenged conduct.” … See Lewis, 98 F.4th at 534 (describing the clearly established right prong).