Case law

Hoskins v. Withers

92 F.4th 1279 · Court of Appeals for the Tenth Circuit · Feb 20, 2024

We decide whether Trooper Withers is entitled to qualified immunity based on a two-part test. Because Trooper Withers had asserted qualified immunity, Mr. … We concluded that the officer had qualified immunity based on the absence of any case law that would clearly establish a First Amendment violation from the retaliatory use of force.

Susan Norris v. Jacquita Engles

Court of Appeals for the Eighth Circuit · Aug 9, 2007

“If so, then we determine whether the constitutional right was clearly established at the time.” Id. “If either question is answered in the negative, the public official is entitled to qualified immunity.” … right to due process was clearly established for purposes of qualified immunity.

Steven Lefemine v. Dan Wideman

758 F.3d 551 · Court of Appeals for the Fourth Circuit · Jul 11, 2014

It concluded that the Officers were entitled to qualified immunity because the unconstitutionality of their conduct had not previously been clearly established. … The district court first found that a “special circumstance” arose from its determination that the Defendant Officers were entitled to qualified immunity.

Adkins v. Board Of Education Of Magoffin County

982 F.2d 952 · Court of Appeals for the Sixth Circuit · Jan 5, 1993

She also contends that this right of association was clearly established in 1988, thus defeating Whitaker's claim of qualified immunity. … Once the Supreme Court has proclaimed the existence of a constitutional right, that right is "clearly established" for purpose of deciding a claim of qualified immunity. 28 The Supreme Court identified the constitutional

Dale Danielson v. Jay Inslee

945 F.3d 1096 · Court of Appeals for the Ninth Circuit · Dec 26, 2019

Second, even qualified immunity is no longer constrained by a common law tort analogy. … under § 1983,” but “instead grant immunity to any officer whose conduct ‘does not violate clearly established statutory or constitutional rights of which a reasonable person would have known’” (quoting Mullenix v.

Theodore Bolick v. Joel Anderson

Court of Appeals for the Fourth Circuit · Mar 13, 2026

to qualified immunity. … The official invoking qualified immunity bears the burden to show that the right was not clearly established. Henry v. Purnell, 501 F.3d 374, 378 & n.4 (4th Cir. 2007).

Golino v. City of New Haven

950 F.2d 864 · Court of Appeals for the Second Circuit · Dec 3, 1991

The Merits of the Qualified Immunity Defense 19 The qualified or "good faith" immunity enjoyed by police officers shields them from personal liability for damages "insofar as their conduct does not violate clearly established … The right not to be arrested or prosecuted without probable cause has, of course, long been a clearly established constitutional right.

Corey Hughes v. Michael Rodriguez

31 F.4th 1211 · Court of Appeals for the Ninth Circuit · Apr 21, 2022

The panel further held that Officer Michael Rodriguez was not entitled to qualified immunity under § 1983 as to the claimed post-handcuff beating and dog-biting because it was clearly established law that beating a handcuffed … Qualified Immunity Qualified immunity is proper unless the plaintiff can establish that “the [officers’] specific conduct violated clearly established federal law.” Sharp v.

Powell v. Basham

921 F.2d 165 · Court of Appeals for the Eighth Circuit · Dec 11, 1990

On the First Amendment claim, defendants argued, inter alia, that they were entitled to qualified immunity because Powell's First Amendment right to criticize the promotion system and practices had not been clearly established … objectively reasonable as measured by clearly established law."

LeSueur-Richmond Slate Corp. v. Fehrer

666 F.3d 261 · Court of Appeals for the Fourth Circuit · Jan 13, 2012

When qualified immunity is asserted, the reviewing court should usually first ask whether the right was violated on the facts alleged, and then determine whether that right was “clearly established.” … Finally, we address qualified immunity.

Western Air Lines, Inc. v. Criswell

472 U.S. 400 · Supreme Court of the United States · Jun 17, 1985

The Court of Appeals found that this finding of fact was not “clearly erroneous,” and affirmed the District Court’s judgment for the bus company on the BFOQ defense. Id., at 238 . … In this case, the evidence clearly established that the FA A, Western, and other airlines all recognized that the qualifications for a flight engineer were less rigorous than those required for a pilot. 28 *419 In the absence

Sandy Krout v. Luke Sawdy

Court of Appeals for the Eighth Circuit · Oct 6, 2009

-9-  Qualified immunity shields a government official from liability when his conduct does not violate “clearly established statutory or constitutional rights of which … That is the ‘clearly established’ law.

Yvonne L. v. New Mexico Department Of Human Services

959 F.2d 883 · Court of Appeals for the Tenth Circuit · Mar 24, 1992

Because the court found no clearly established right, the court upheld the qualified immunity defenses of defendants. … effect of converting qualified immunity into absolute immunity."

Jeffrey McKinley v. City of Mansfield

404 F.3d 418 · Court of Appeals for the Sixth Circuit · Apr 11, 2005

But as a precursor to the Harlow qualified immunity analysis, a court must first determine whether any constitutional violation occurred, let alone the violation of a clearly established right. E.g., Saucier v. … The dissent suggests that Officer Fortney should be entitled to qualified immunity because we have established a “new right of action.”

Ford v. Anderson County

90 F.4th 736 · Court of Appeals for the Fifth Circuit · Jan 8, 2024

purposes of qualified immunity. … This court’s unpublished opinions cannot clearly establish the law for the purposes of qualified immunity, but they nevertheless may “aptly illustrate[] the established right.” Cooper v.

Townes v. City Of New York

176 F.3d 138 · Court of Appeals for the Second Circuit · May 6, 1999

immunity motion was denied on the ground that Townes had a clearly established right to be free from an unreasonable stop of the taxicab in which he was a passenger. … We have jurisdiction over the order denying qualified immunity, see Golino v.

Jeffrey Gorman v. Floyd Bartch

152 F.3d 907 · Court of Appeals for the Eighth Circuit · Aug 20, 1998

The defendants argue in response that their conduct did not violate clearly established rights under the statutes.8 We review de novo the decision granting qualified immunity. Rowe v. … The defense of qualified immunity gives government officials engaged in discretionary activities immunity from liability unless their conduct violates “clearly established statutory or constitutional rights.” Harlow v.

Leggett v. Ocwr

Court of Appeals for the Federal Circuit · Feb 2, 2023

Dist., 323 F.3d 1185, 1194 (9th Cir. 2003) (holding that qualifications evidence may establish pretext where the plaintiff’s qualifications are “clearly superior” to those of the selectee). … Leggett was “significantly” or “clearly” more qualified than the se- lectee. Like Ms. Leggett, the selectee also had a master’s in Library and Information Sciences.

Pinder v. Johnson

33 F.3d 368 · Court of Appeals for the Fourth Circuit · Aug 29, 1994

Immunity may thus be established either on the basis that the right allegedly violated was not at the time one “clearly established,” or that, though “clearly established,” it was one that a “reasonable” person in the officer … “clearly established.”

Richard Rheaume v. The Texas Department of Public Safety

666 F.2d 925 · Court of Appeals for the Fifth Circuit · Feb 1, 1982

his constitutional and state claims, did not address Saffell’s qualified immunity claim. … The fulcrum ... is the existence, at the time of the official’s action, of clearly established judicial decisions that make his action unconstitutional. 651 F.2d at 1121 .