Case law

Montanez v. City of Orlando

678 F. App'x 905 · Court of Appeals for the Eleventh Circuit · Feb 2, 2017

However, the doctrine of qualified immunity “offers complete protection for government officials sued in their individual capacities if their conduct ‘does not violate clearly established statutory or constitutional rights … Once “the defendant establishes that he was acting within his discretionary authority, the burden shifts to the plaintiff to show that qualified immunity is not appropriate.” Id.

BARICHELLO v. McDONALD

98 F.3d 948 · Court of Appeals for the Seventh Circuit · Oct 16, 1996

On July 26, 1993, the defendants moved for partial summary judgment on the ground of qualified immunity. … Doe by Doe, 509 U.S. 312, 318 , 113 S.Ct. 2637, 2642 , 125 L.Ed.2d 257 (1993), it is sufficient for the purposes of qualified immunity to conclude that no relevant constitutional right was clearly established. 20 Counts II

Simon v. City of New York

727 F.3d 167 · Court of Appeals for the Second Circuit · Aug 16, 2013

Defendants moved for summary judgment arguing, in part, that they were entitled to absolute immunity for the acts of obtaining and executing a material witness warrant, and that in the alternative, they had qualified immunity … In an order entered October 19, 2011, the district court granted defendants’ motion and dismissed the complaint, holding that the individual defendants had absolute immunity or, in the alternative, qualified immunity,

Brown v. City of Tulsa

124 F.4th 1251 · Court of Appeals for the Tenth Circuit · Jan 7, 2025

“The doctrine of qualified immunity shields officials from civil liability so long as their conduct ‘does not violate clearly established statutory or constitutional rights of which a reasonable person would have known. … Cir. 2011) (“The [defendant] asserts its qualified immunity, but we are unable to determine without an evidentiary record whether any act it committed in defense of those functions constituted a violation of clearly established

Larry Coffman v. Myrna Trickey

884 F.2d 1057 · Court of Appeals for the Eighth Circuit · Oct 12, 1989

“Once a court determines as a matter of law that a legal standard governing the governmental action at issue was clearly established, [the inquiry ends:] there is no qualified immunity.” Warren, 816 F.2d at 1261 . … The Court held that in deciding issues of qualified immunity the official must have the opportunity to argue that given the factual circumstances as he or she knew them, the law in the area was not clearly established.

S.A.A. v. Samantha Geisler

127 F.4th 1133 · Court of Appeals for the Eighth Circuit · Feb 7, 2025

And qualified immunity is a “personal immunity defense[],” Graham, 473 U.S. at 166-67, so a defendant’s declining to raise a qualified immunity defense suggests that the defendant is not on notice of the potential for personal … We stress the importance of doing the qualified immunity analysis early in litigation because those entitled to qualified immunity hold “an entitlement not to stand trial or face the other burdens of litigation

Walter v. Pike Cty PA

Court of Appeals for the Third Circuit · Sep 18, 2008

violated clearly established law.” … at issue–in the case of qualified immunity, whether that set of facts is “sufficient to establish a violation of a clearly established constitutional right.”

Julie Chapman v. Doug Nichols, and Board of County Commissioners of Creek County, Oklahoma, Winey Beaver, Stephanie Taylor, Jennafer Leone v. Doug Nichols, Board of County Commissioners of Creek County, Oklahoma

989 F.2d 393 · Court of Appeals for the Tenth Circuit · Mar 23, 1993

at issue is not unconstitutional and that he is entitled to qualified immunity in any event because the law was not clearly established. 3 Plaintiffs respond that the policy is unconstitutional, that the law was clearly … Two of the five cases held, as we do here, that the qualified immunity defense must fail in light of clearly established law.

Boddie v. City of Columbus, Miss.

989 F.2d 745 · Court of Appeals for the Fifth Circuit · Apr 14, 1993

Chief Gale argues that he has qualified immunity. … The district court did not err in refusing qualified immunity.3 3 Gale also asserts error in the district court's failure to give his requested jury instruction on qualified immunity.

American Civil Liberties Union of Maryland, Inc. v. Wicomico County

999 F.2d 780 · Court of Appeals for the Fourth Circuit · Jul 23, 1993

The court denied the individual Appellants’ claim of qualified immunity on the basis that determining whether Appellants had violated Appellees’ clearly established rights turned on their disputed motive for altering their … Qualified Immunity The doctrine of qualified immunity shields public officials, including state prison officials, from civil liability as long as their conduct does not “violate clearly established statutory or constitutional

Sain, Timothy v. Wood, Raymond

Court of Appeals for the Seventh Circuit · Jan 9, 2008

Wood had disqualified himself from immunity by violating a clearly established constitu- tional right. Because the issue of Dr. … Sain’s clearly-established con- stitutional rights.

Burton v. Downey

805 F.3d 776 · Court of Appeals for the Seventh Circuit · Oct 8, 2015

immunity because their actions were consistent with clearly established law. … , and (2) whether that constitutional right was clearly established at the time of the alleged violation.”

Townes v. City of New York

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

The individual defendants’ qualified 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. … There are two related qualified immunity issues. First, it is an open question whether Townes had a clearly established expectation of privacy in the passenger area of the taxicab in which he was riding.

Merle T. Wagner v. Richard J. Wheeler, and Harford County Government

13 F.3d 86 · Court of Appeals for the Fourth Circuit · Dec 1, 1993

The thrust of Wheeler’s qualified immunity argument was, and indeed is before this court, that he did not violate Wagner’s “clearly established constitutional right” to free speech in that Wagner’s reports of environmental … Siegert had failed to allege the violation of a clearly established constitutional right, thus the defense of qualified immunity was well taken.

Kameron Butler v. Charlene Smith

85 F.4th 1102 · Court of Appeals for the Eleventh Circuit · Oct 27, 2023

Finally, a brief word about qualified immunity. … Because Officer Smith’s assertion of qualified immunity can be defeated only by a showing of “clearly established” law, we will review not for actual probable cause but rather for “‘arguable’ probable

Wayne Chastain v. Don Sundquist

833 F.2d 311 · Court of Appeals for the D.C. Circuit · Nov 6, 1987

For most executive officials, the immunity from all suits alleging constitutional and statutory violations is limited to a qualified defense whereby officials are held answerable only if they violate “clearly established” … makes clear, the violations giving rise to liability may or may not be clearly established.

Sallier v. Brooks

Court of Appeals for the Sixth Circuit · Sep 18, 2003

Qualified immunity involves a three-step inquiry. … from a court is legal mail, the holding in Meckley, even In 1993 in Lavado, when faced with a qualified immunity though the opinion was unpublished, was directly to the issue, we held that it was clearly established

Watson v. Sch Bd of Franklin Parish

Court of Appeals for the Fifth Circuit · Feb 16, 2023

While the suit was pending, the district court dismissed the claims against the school board members and Johnson in their individual capacities on grounds of qualified and statutory immunity. … “Showing that two candidates are similarly qualified does not establish pretext under this standard,” Price v. Fed. Exp.

Littlejohn v. Rose

768 F.2d 765 · Court of Appeals for the Sixth Circuit · Jul 16, 1985

by impermissible motivation or in disregard of plaintiff's clearly established rights." … Rose, individually, is entitled to the defense of qualified immunity.

Bruce v. Ylst

351 F.3d 1283 · Court of Appeals for the Ninth Circuit · Dec 10, 2003

"Government officials enjoy qualified immunity from civil damages unless their conduct violates `clearly established statutory or constitutional rights of which a reasonable person would have known.'" Jeffers v. … As this court pointed out in Pratt, "the prohibition against retaliatory punishment is `clearly established law' in the Ninth Circuit, for qualified immunity purposes." 65 F.3d at 806 (citing Schroeder v.