Case law

C., Michael v. Gresbach, Dana

Court of Appeals for the Seventh Circuit · May 19, 2008

The defen- dants responded that their conduct did not violate any clearly established constitutional rights, and that there- fore they were protected by qualified immunity. Both parties moved for summary judgment. … If the right was “clearly established,” the official is not entitled to qualified immunity from suit. A.

Thomas Berdin, Cross-Appellants v. John Duggan, Cross-Appellees

701 F.2d 909 · Court of Appeals for the Eleventh Circuit · Apr 1, 1983

Duggan’s Qualified Immunity Mayor Duggan asserts that his action of firing Berdin 12 is protected by a qualified immunity. 13 Certainly, a qualified immunity does exist for certain executive officers for discretionary acts … However, the defense of qualified immunity is unavailable to government officials who, though otherwise covered, act in such a manner as to be violative of clearly established statutory or constitutional law. Harlow v.

Cappelli v. Hoover

Court of Appeals for the Tenth Circuit · Feb 8, 2022

It therefore applied the doctrine of qualified immunity to dismiss the unlawful arrest claim. See Pearson v. … Callahan, 555 U.S. 223, 231 (2009) (“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

David Scott v. County of San Bernardino

903 F.3d 943 · Court of Appeals for the Ninth Circuit · Sep 10, 2018

Discussion In determining whether a police officer is entitled to qualified immunity, we ask (1) whether he violated a constitutional right, and (2) whether the right was “clearly established” at the time of the violation … The Officers Are Not Entitled to Qualified Immunity “Qualified immunity insulates the officers from liability unless ‘existing precedent . . . ha[s] placed the statutory or constitutional question beyond debate.’”

Marques Johnson v. James Dunn

91 F.4th 1114 · Court of Appeals for the Eleventh Circuit · Jan 30, 2024

Dunn moved to dismiss Count I of both the initial and amended complaints on the ground that the doctrine of qualified immunity immunized him from suit. … But because Johnson has not satisfied the “clearly established” prong of the qualified immunity analysis, I stop here and conclude that Officer Dunn is entitled to qualified immunity and that we need

Mark Blackwell v. Lisa Nocerini

Court of Appeals for the Sixth Circuit · Dec 16, 2024

Did the complaint plausibly plead a clearly established violation of the First Amendment? … Clearly Established Law. A § 1983 plaintiff who seeks damages from a state actor for a First Amendment violation must show that the state actor violated a “clearly established” right. Reichle v.

Patrick 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.”

Gibson v. Matthews

926 F.2d 532 · Court of Appeals for the Sixth Circuit · Feb 22, 1991

II We uphold the district court’s judgment in part because we believe that the defendants are entitled to qualified immunity under the doctrine established in Harlow v. … Ill We would uphold the district court even if qualified immunity was not available.

Linda Anne Scott, Plaintiff-Appellee-Cross-Appellant v. University of Mississippi, Defendant-Appellant-Cross-Appellee

148 F.3d 493 · Court of Appeals for the Fifth Circuit · Jul 27, 1998

Coolbaugh clearly establishes that Congress’s § 5 enforcement powers are not limited to suspect classifications. … clearly better qualified.

Delgado, Octavio v. Jones, Arthur L.

Court of Appeals for the Seventh Circuit · Mar 8, 2002

Moreover, in the context of a qualified immunity defense, "The plaintiff bears the burden of establishing the existence of a clearly established constitutional right." Donovan, 17 F.3d at 951-52 (citing Radovich v. … After establishing that the plaintiff has adequately alleged a violation of a constitutional right, the second level of inquiry in a qualified immunity analysis involves whether the law was "clearly established" at the time

Meals v. Memphis Cty

Court of Appeals for the Sixth Circuit · Jul 11, 2007

Under the doctrine of qualified immunity, “government officials performing discretionary functions, generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory … If the plaintiff fails to establish any one of these elements, qualified immunity must be granted. Radvansky v.

Whalen v. County of Fulton

126 F.3d 400 · Court of Appeals for the Second Circuit · Oct 2, 1997

Qualified Immunity The individual defendants argue that they are immune from liability under the doctrine of qualified immunity. … We therefore agree with the individual defendants that the rights sought to be protected were not clearly established and that the defendants are entitled to qualified immunity. II.

Jerry Nelson v. Keyvon Sellers

Court of Appeals for the Eleventh Circuit · Jan 5, 2024

clearly established law.” … Nelson’s Right Was Clearly Established. All that remains is “the clearly established prong of the qual- ified immunity inquiry.” Helm v.

Arthur Huggins v. School District of Manatee County

Court of Appeals for the Eleventh Circuit · Aug 15, 2025

Qualified Immunity We begin with qualified immunity. … Stat. § 1001.48, qualified immunity would not protect her from liability. Officials performing discre- tionary functions are still liable for violations of clearly established rights.

Southerland v. City of New York

667 F.3d 87 · Court of Appeals for the Second Circuit · Jun 10, 2011

Principles of Qualified Immunity Qualified immunity shields public officials “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … In this Circuit, “[e]ven where the law is ‘clearly established’ and the scope of an official’s permissible conduct is ‘clearly defined,’ the qualified immunity defense also protects an official if it was ‘objectively reasonable

Finigan v. Marshall

574 F.3d 57 · Court of Appeals for the Second Circuit · Jul 28, 2009

The existence of probable cause and a defendant’s entitlement to qualified immunity may be determined as a matter of law to the extent that the issues may be resolved on undisputed facts establishing the pertinent … also show that the right violated was clearly established.

Bilbrey v. Brown

738 F.2d 1462 · Court of Appeals for the Ninth Circuit · Aug 2, 1984

Those constitutional rights must be clearly established at the time of the challenged action. See id.; Procunier v. … clearly established statutory or constitutional rights of which a reasonable person would have known.

Hovater v. Robinson

1 F.3d 1063 · Court of Appeals for the Tenth Circuit · Jul 27, 1993

Once a defendant raises the defense of qualified immunity, the plaintiff bears the burden of establishing that the defendant has violated clearly established law. Id. at 131 . … Hovater has failed to meet her burden of establishing a constitutional violation. 5 Sheriff Hill is therefore entitled to qualified immunity.

Vlasak v. Las Vegas Metropolitan Police Department

213 F. App'x 512 · Court of Appeals for the Ninth Circuit · Nov 29, 2006

Qualified immunity is appropriate unless the evidence shows that (1) the officers violated the Vlasaks’ constitutional rights, and (2) the rights violated were clearly established. See Saucier v. … Vlasak’s clearly established federal rights. See Knox v. Sw.

Travers v. Jones

323 F.3d 1294 · Court of Appeals for the Eleventh Circuit · Mar 11, 2003

Sparks, 248 F.3d 1117, 1122 (11th Cir.2001). 5 The law is clearly established that an employer may not demote or discharge a public employee for engaging in protected speech. See Rankin v. … CEO Jones and Chief Wilder are entitled to qualified immunity. 16 REVERSED.