Case law

Todd Walker v. Arthur Elbert, Jerry Farley, Don Flegal, Earl Whitman, Royce Clark, Caralyn Bullock, and Pat McAlister

75 F.3d 592 · Court of Appeals for the Tenth Circuit · Jan 31, 1996

Although the university “dress code” violated plaintiffs First Amendment rights, the jury found that defendant Clark was entitled to qualified immunity. … The dress code claim and the issue of qualified immunity were presented to the jury by a special question on the verdict form in the following manner: As of August 1991, clearly established law precluded the publication of

Allen v. Higgins

902 F.2d 682 · Court of Appeals for the Eighth Circuit · Jun 13, 1990

Based on the trial court's finding that the catalog ordered by Allen, "clearly posed no threat to the security of the institution," the trial court concluded that Groose was not entitled to qualified immunity. … A government official performing discretionary functions is generally entitled to qualified immunity when his conduct "does not violate clearly established statutory or constitutional rights of which a reasonable person would

O'Neal v. Mississippi Board of Nursing

113 F.3d 62 · Court of Appeals for the Fifth Circuit · May 29, 1997

Discussion The Supreme Court has recognized two kinds of immunity under a § 1983 claim: "qualified immunity" and "absolute immunity." … Under "qualified immunity," government officials are not subject to liability for the performance of their discretionary actions unless their conduct violates clearly 1 In light of plaintiffs' concessions and the

Larry Smithson v. Kenneth Brown

Court of Appeals for the Eighth Circuit · Dec 21, 2000

is clearly established; and (3) raise[d] a genuine issue of fact as to whether the official would have known that his alleged conduct would have violated the plaintiff[s'] clearly established right.” … Stated another way, qualified immunity shields a defendant from suit if he or she could have reasonably believed his or her conduct to be lawful “in light of clearly established law and the information [that the defendant

Jefferson v. Moore

Court of Appeals for the Tenth Circuit · Jun 8, 2026

unless and until after the qualified immunity question is decided.” … In Siegert the Supreme Court focused on one specific issue—whether qualified immunity was appropriate because of the absence of any clearly established law prohibiting the alleged misconduct of the officers. See id.

Marilyn Greason v. Ralph Kemp

891 F.2d 829 · Court of Appeals for the Eleventh Circuit · Jan 9, 1990

Harlow’s ‘clearly established’ standard demands that a bright line be crossed. … of what the doctrine of qualified immunity is intended to do.

Brown v. City of Myrtle Beach

278 F.3d 362 · Court of Appeals for the Fourth Circuit · Jan 23, 2002

The district court denied the officers’ motion for summary judgment based on qualified immunity. … Because, "[i]f no constitutional right would have been vio- lated were the allegations established, there is no necessity for further inquires concerning qualified immunity." Id.

James E. Norman v. Tim Schuetzle

Court of Appeals for the Eighth Circuit · Nov 9, 2009

Where "the unlawfulness of the officers' conduct . . . was not clearly established, [the officers] are entitled to qualified immunity." Pearson, 129 S. Ct. at 823. … I also disagree with the majority's decision granting qualified immunity to Dan Wrolstad on the basis of Norman's asserted constitutional right as not being clearly established.

Debra Horta v. Charles B. Sullivan

4 F.3d 2 · Court of Appeals for the First Circuit · Aug 31, 1993

Appellant argues that it had been clearly established in Tennessee v. … Because Sullivan did not violate a clearly established right of appellant’s, the district court correctly found that he was entitled to qualified immunity from a claim under 42 U.S.C. § 1983 .

Suzanne Wooten v. John Roach, Sr.

964 F.3d 395 · Court of Appeals for the Fifth Circuit · Jul 6, 2020

, 1 noting that “conclusively establishing official immunity at this stage in the litigation [would] be difficult based on the allegations of this case.” … In addition to the issue of prosecutorial immunity, Defendants urge us to consider qualified and official immunity.

James Campbell and Lois Campbell, as Co-Administrators for the Estate of Ronald J. Campbell, Deceased v. Colin F. White

916 F.2d 421 · Court of Appeals for the Seventh Circuit · Oct 24, 1990

established” constitutional right; and that as a police officer acting within the scope of his employment he had a qualified immunity from suit. … established, sufficiently particularized” constitutional right; and that he was entitled to assert the defense of qualified immunity.

Edeline Julmisse Prosper v. Anthony Martin

989 F.3d 1242 · Court of Appeals for the Eleventh Circuit · Mar 5, 2021

he violated Prosper’s constitutional rights, those rights were not “clearly established.” … A plaintiff may show that a right was “clearly established” through: “(1) case law with indistinguishable facts clearly establishing the constitutional right; (2) a broad statement of principle within the Constitution,

Purtell, Jeffrey v. Mason, Bruce

Court of Appeals for the Seventh Circuit · May 14, 2008

Qualified-immunity claims are determined by reference to the two-part inquiry established in Saucier v. Katz, 533 U.S. 194, 201 (2001). … Whether the facts established a constitutional violation (the first half 2 Officer Mason could have immediately appealed the denial of his qualified-immunity claim. Behrens v.

Macias v. Raul A. (Unknown), Badge No. 153

23 F.3d 94 · Court of Appeals for the Fifth Circuit · Jun 16, 1994

Macias maintains that the police officers cannot assert qualified immunity as to the claimed illegal search. … “Whether a government official is entitled to qualified immunity generally turns on the objective reasonableness of the action assessed in light of the legal rules that were clearly established at the time it was taken.”

Cynthia Myers v. Karen Hasara and Gail Danner

226 F.3d 821 · Court of Appeals for the Seventh Circuit · Oct 17, 2000

qualified immunity was not justified. … to the injury were clearly established at the time.

LLC SPC Stileks v. Republic of Moldova

985 F.3d 871 · Court of Appeals for the D.C. Circuit · Jan 15, 2021

In 1976, the Congress enacted the Foreign Sovereign Immunities Act (FSIA). Under the FSIA, foreign governments are generally immune from the jurisdiction of federal and state courts. See 28 U.S.C. § 1604. … The FSIA’s arbitration exception therefore applies and we reject Moldova’s immunity claim.

Wadsworth v. MSAD 40/RSU 40

129 F.4th 38 · Court of Appeals for the First Circuit · Feb 19, 2025

qualified immunity analysis was erroneous for lack of development, and (3), in any event, he is entitled to qualified immunity because the right was not clearly established. … Entitlement to Qualified Immunity Qualified immunity "is available to public officials whose 'conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would

Lyles v. US Postal Service

79 F.3d 372 · Court of Appeals for the Fourth Circuit · Mar 19, 1996

that neither of those claims allege violations of rights that were clearly established at the time of Krautheim's and Green's alleged conduct. … law that was "clearly established" at the time the alleged conduct occurred.

Todd Cibulka v. City of Madison

992 F.3d 633 · Court of Appeals for the Seventh Circuit · Mar 29, 2021

There being no clearly established right, the defend- ants are entitled to qualified immunity.”); Post v. … CONCLUSION The officers are entitled to qualified immunity because at no point did they violate Todd Cibulka’s clearly established rights.

Briggs v. Goodwin

569 F.2d 10 · Court of Appeals for the D.C. Circuit · Sep 21, 1977

An isolated and clearly incorrect footnote in S & S Logging Co. v. … Because issuance of the arrest warrant was clearly within his general powers under state law, the Justice of the Peace in Duba was found absolutely immune from civil suit.