Case law

Kimberly Grippa v. Ronald Rubin

133 F.4th 1186 · Court of Appeals for the Eleventh Circuit · Apr 3, 2025

Based on this reasoning, the district court clearly did not definitively determine the qualified privilege issue and instead reserved the matter for the jury to de- cide. … True, there are “exceptional cases” in which the facts giving rise to the qualified privilege are so “clearly apparent” that a court may recognize the privilege on a motion to dismiss.

Swain v. Spinney

117 F.3d 1 · Court of Appeals for the First Circuit · Jun 26, 1997

Qualified Immunity Defendants assert that they are, in any event, entitled to qualified immunity from suit. … There are two prongs to the qualified immunity analysis. First, was the constitutional right in question clearly established at the time of the alleged violation? St. Hilaire v.

Lewis v. Rock

48 F. App'x 291 · Court of Appeals for the Tenth Circuit · Oct 3, 2002

Rock moved for summary judgment on Lewis’ and Woodman’s claims, arguing he was entitled to qualified immunity because Lewis and Woodman failed to establish that he had violated clearly established federal constitutional rights … Thus, to avoid summary judgment on qualified immunity grounds, a plaintiff must “present facts which if true would constitute a violation of clearly established law.” Pueblo Neighborhood Health Ctrs., Inc. v.

Long v. City and County of Honolulu

511 F.3d 901 · Court of Appeals for the Ninth Circuit · Dec 21, 2007

The district court’s decision on qualified immunity is also reviewed de novo. Id. … Qualified Immunity The defense of qualified immunity “shields government officials performing discretionary functions from liability for civil damages ‘insofar as their conduct does not violate clearly established statutory

Cynthia D. Foy, Administratrix of the Estate of Terry A. Foy, Deceased v. City of Berea James H. Hinners M. Schultz Robert Surgenor Bruce Merwin

58 F.3d 227 · Court of Appeals for the Sixth Circuit · Jun 22, 1995

Nishiyama did not concern qualified immunity. The district court dismissed the section 1983 action for failure to state a claim upon which relief could be granted. … Qualified immunity protects “all but the plainly incompetent or those who knowingly violate the law.” Malley v. Briggs, 475 U.S. 335, 341 , 106 S.Ct. 1092, 1096 , 89 L.Ed.2d 271 (1986).

Moses-El v. City and County of Denver

Court of Appeals for the Tenth Circuit · May 31, 2022

immunity because Moses-EL has not met his burden to show that the law was clearly established. … Brown-Dressel would be entitled to qualified immunity because the law at the time had not clearly established that Dr. Brown-Dressel’s actions violated Moses-EL’s constitutional rights.

Michael Werle D/B/A Werle Consultants Family Mediation Center v. Rhode Island Bar Association

755 F.2d 195 · Court of Appeals for the First Circuit · Feb 25, 1985

officials are accorded the lesser protection of qualified immunity. … Werle’s rights, appellees would be entitled to qualified immunity. The evidence demonstrates rather clearly that no reasonable person would have known that appellees’ conduct constituted such a violation.

John Doe v. Donald Rumsfeld

683 F.3d 390 · Court of Appeals for the D.C. Circuit · Jun 15, 2012

This case fits squarely within a well-established exception that the denial of a motion to dismiss on the ground of qualified immunity has sufficient finality to warrant interlocutory review, and within the language of Hartman … Qualified immunity protects public officials personally sued for damages “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable

Siliven v. Indiana Department of Child Services

635 F.3d 921 · Court of Appeals for the Seventh Circuit · Mar 16, 2011

The doctrine of qualified immunity insulates govern- ment actors from liability for civil damages when their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would … Qualified immunity claims present two questions: (1) whether the plaintiff’s allegations make out a dep- rivation of a constitutional right, and (2) whether the right at issue was clearly established at the time of the defendant

Cannon v. MacOn County

1 F.3d 1558 · Court of Appeals for the Eleventh Circuit · Mar 7, 1994

qualified immunity was established by the Supreme Court in Harlow v. … If a reasonable official in Collins' position could have believed his actions were lawful in light of clearly established law at the time the conduct occurred, immunity applies. Stewart v.

Dwight Harris v. Victoria Independent School District

336 F.3d 343 · Court of Appeals for the Fifth Circuit · Jul 6, 1999

City of Columbus, Mississippi 989 F.2d 745, 750 (5th Cir.1993) (holding qualified immunity unavailable because there was no government interest to balance); Click v. … There will rarely be basis for a priori judgment that the termination or discipline of a public employee violated "clearly established" constitutional rights. Noyola, 846 F.2d at 1025 . (emphasis added).

Meyer v. Fidelity Savings

944 F.2d 562 · Court of Appeals for the Ninth Circuit · Sep 13, 1991

The issue of qualified immunity should not have been submitted to the jury because Pattullo violated no clearly established law. See Schwartzman v. … Valenzuela, 846 F.2d 1209, 1211 (9th Cir.1988) (question of clearly established right is question of law). Thus, any error in the qualified immunity instruction was harmless. V.

McCarroll v. Nardozzi

323 F. App'x 7 · Court of Appeals for the Second Circuit · Mar 27, 2009

In deciding whether an officer is entitled to qualified immunity, we must determine whether a constitutional right was violated, and, if so, whether that right was “clearly established.” Koch v. … Thus, even if Appellees violated Randolph by entering after Allegrini gave consent but over McCarroll’s explicit objection, Appellees still are entitled to qualified immunity because, prior to Randolph , it was not clearly

Charles H. Von Stein v. George A. Brescher

904 F.2d 572 · Court of Appeals for the Eleventh Circuit · Jun 27, 1990

Intertwined with the question of probable cause is the issue of qualified immunity. … When there is no dispute about the material facts, the court has the duty to decide whether the defendants’ conduct violated *580 clearly established law. Mitchell v.

Richard Paul Greenberg v. Thomas Kmetko and Bruce Weflen, Richard Paul Greenberg, Plaintiff-Cross-Appellant v. Thomas Kmetko and Bruce Weflen, Defendants-Cross-Appellees

840 F.2d 467 · Court of Appeals for the Seventh Circuit · Mar 9, 1988

home unless the searching officers have probable cause and there are exigent circumstances," Anderson, 107 S.Ct. at 3038 --was clearly established. 21 Anderson filed a petition for certiorari on the qualified immunity issue … On remand, the district court was to permit Anderson to argue that the law was not clearly established as to the facts of his particular situation. 24 In this case, the district court's analysis of the qualified immunity

Linda Johnson Reginald Johnson v. Aaron Crooks

326 F.3d 995 · Court of Appeals for the Eighth Circuit · Jun 4, 2003

Crooks appeals the denial of his motion for partial summary judgment dismissing the federal claims on the basis of qualified immunity. … In an interlocutory appeal challenging the denial of qualified immunity, we consider whether “[Crooks’s] conduct which the District Court deemed sufficiently supported for purposes of summary judgment” violated clearly established

Robert Lee Beck, Md, Dmd v. Texas State Board Of Dental Examiners

204 F.3d 629 · Court of Appeals for the Fifth Circuit · Apr 4, 2000

In the alternative, the defendants assert that qualified immunity is applicable because the actions taken against Beck did not violate a clearly established constitutional right, and were not objectively unreasonable. 12 … Claims of qualified immunity are reviewed under a two-step analysis. The first question is whether the plaintiff has asserted the violation of a clearly established constitutional right.

Quintero de Quintero v. Roque

Court of Appeals for the First Circuit · Sep 10, 1992

QUALIFIED IMMUNITY III. … QUALIFIED IMMUNITY Government officials exercising discretionary authority are entitled to qualified immunity in respect to claims under section 1983 "insofar as their conduct does not violate clearly established statutory

Eriakha v. University of MS

Court of Appeals for the Fifth Circuit · Sep 9, 2026

from suit “unless their conduct violates a clearly established right.” 52 When a defendant “pleads qualified immunity and shows he is a governmental official whose position involves the exercise of discretion,” the burden … shifts to the plaintiff “to rebut this defense by establishing that the official’s allegedly wrongful conduct violated clearly established law.” 53 A right is clearly established only when the constitutional question

Todd Monroe v. AR State Univ., etc.

Court of Appeals for the Eighth Circuit · Jul 26, 2007

qualified immunity and direct dismissal of the action. … Although the defendant bears the burden of proof for this affirmative defense, the plaintiff must demonstrate that the law was clearly established. Sparr, 306 F.3d at 593.