Case law
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1.13s
67 F.3d 67 · Court of Appeals for the Fourth Circuit · Oct 18, 1995
II Government officials who perform discretionary functions, including law enforcement officers, are shielded from civil liability to the extent their conduct “does not violate clearly established statutory or constitutional … If the issue on appeal is whether the constitutional right that was allegedly violated was “clearly established,” then the denial of summary judgment is immediately appealable.
Cited 5 timesPublishedKelly Rhodes v. State of Mich.
10 F.4th 665 · Court of Appeals for the Sixth Circuit · Aug 24, 2021
established’ prong of the qualified immunity standard.” … immunity because Rhodes’s asserted right was not clearly established at the time of the incident.
Cited 55 timesPublished970 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.
Cited 41 timesPublishedJames 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.
Cited 94 timesPublished51 F.3d 1540 · Court of Appeals for the Seventh Circuit · May 12, 1995
To strip an official of qualified immunity, "the right the official is alleged to have violated must have been 'clearly established' in a more particularized, and hence more relevant, sense...." Anderson v. … Qualified immunity analysis asks the objective question whether a reasonable officer could have believed his conduct lawful under clearly established law in light of the information the officer possessed.
Cited 22 timesPublished459 F.3d 618 · Court of Appeals for the Fifth Circuit · Aug 7, 2006
immunity. outside our geographic borders.” … The words free from excessive force, and no reasonable “clearly established” appear precisely once, officer would believe it proper to beat a when Gonzalez states the test for qualified im-
Cited 52 timesPublishedBarry 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.
Cited 51 timesPublishedCourt of Appeals for the First Circuit · Jan 28, 1999
The court found that the acts alleged in count one, if proven, would violate "clearly established" law and that the qualified immunity defense was therefore unavailable. … Because the law was clearly established at the time the Defendants allegedly withdrew the advertising, the Defendants are not entitled to qualified immunity.
Cited 0 timesPublishedCourt 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.
Cited 0 timesUnpublishedPatrick C. Jackan, United States of America, Intervenor v. New York State Department of Labor
205 F.3d 562 · Court of Appeals for the Second Circuit · Mar 3, 2000
We therefore reject DOL’s claim of sovereign immunity. 3 DOL also argues that Jackan is not a “qualified individual” entitled to invoke the benefits of the ADA because, even with reasonable accommodations, he is unable to … would render her otherwise qualified.”
Cited 178 timesPublishedRobert Merriweather v. T. Zamora
Court of Appeals for the Sixth Circuit · Jun 24, 2009
The defendants argue that the district court improperly denied qualified immunity because they violated no clearly established constitutional right of Merriweather’s and their actions, if not a reasonable application of the … The final prong of the qualified immunity analysis requires us to consider whether the defendants acted objectively unreasonably “in light of the clearly established constitutional rights.”
Cited 0 timesPublishedDavid Danser v. Patricia Stansberry
Court of Appeals for the Fourth Circuit · Jul 3, 2014
The doctrine protects government officials from liability for civil damages, provided that their conduct does not violate clearly established statutory or constitutional rights within the knowledge of a reasonable person … When the plaintiff has satisfied this initial step, a court must determine whether the right at issue was “clearly established” at the time of the events in question. 7 Id.
Cited 0 timesPublished422 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.]
Cited 216 timesPublished65 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.
Cited 147 timesPublishedMatthew Warman v. Mount St. Joseph Univ.
Court of Appeals for the Sixth Circuit · Jul 18, 2025
Tepe, 693 F.3d 696, 704 (6th Cir. 2012) (a private doctor employed by the government may not assert qualified immunity). It is “well established” that public police officers may assert qualified immunity. … When asserting qualified immunity below, the defendants did not cite to any authority that establishes their entitlement to a qualified immunity defense.
Cited 0 timesPublishedYerardi's Moody Street Restaurant & Lounge, Inc. v. Board of Selectmen
878 F.2d 16 · Court of Appeals for the First Circuit · Jun 22, 1989
concerning qualified immunity. … We will assume, without deciding the issue, that the equal protection right allegedly violated was clearly established because the second prong of the analysis establishes that the individual defendants are entitled to qualified
Cited 10 timesPublishedNathson 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.
Cited 149 timesPublishedRogers v. County of San Joaquin
487 F.3d 1288 · Court of Appeals for the Ninth Circuit · May 29, 2007
Reasonable Official: [11] In order to assess Royal’s claim of qualified immunity, we must conduct a two-part analysis: “1) Was the law govern- ing the official’s conduct clearly established? … [12] Notwithstanding this clearly established law, the dis- trict court granted Royal qualified immunity, holding that the application of the law to medical neglect was not clearly established.
Cited 31 timesPublished879 F.2d 668 · Court of Appeals for the Ninth Circuit · Jul 13, 1989
ABSOLUTE IMMUNITY Defendants first argue that they are absolutely immune. In general, executive officials are protected only by qualified immunity. Butz v. … We conclude that Hoyt, as operator of Chalkboard, had a clearly established due process right to a hearing before her license was suspended, at least in the absence of an emergency—a point we discuss later.
Cited 6 timesPublishedMichelle Lee Helm v. Greg Carroll
Court of Appeals for the Eleventh Circuit · Mar 10, 2021
We therefore conclude that on this summary judgment record T.D.H. has established a violation of the Fourth Amendment. We now turn to the clearly established prong of the qualified immunity inquiry. … Once this Court establishes that the use of force is not entitled to qualified immunity and other officers could have intervened but did not, the Court does not conduct a separate clearly established analysis pertaining
Cited 0 timesPublished
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